Senate Bill S6945

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6945
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to  creating the crime of unlawful dissemination or publica-
   tion of discovery material

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 215.09 to
 read as follows:
 § 215.09 UNLAWFUL DISSEMINATION OR PUBLICATION OF DISCOVERY MATERIAL.
   1. A PERSON IS GUILTY OF  UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF
 DISCOVERY MATERIAL, WHEN HE OR SHE:
   A.  INTENTIONALLY  DISSEMINATES  OR  PUBLISHES  MATERIAL DEFINED UNDER
 SECTION 245.20 OF THE CRIMINAL PROCEDURE LAW WITH THE INTENT  OF  INTIM-
 IDATING OR HARASSING ANOTHER PERSON; OR
   B.  INTENTIONALLY  DISSEMINATES  OR  PUBLISHES  MATERIAL DEFINED UNDER
 SECTION 245.20 OF THE CRIMINAL PROCEDURE LAW TO ANOTHER PERSON AND HE OR
 SHE KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON INTENDED TO USE
 THE DISCOVERY MATERIAL TO INTIMIDATE OR HARASS ANOTHER PERSON.
   2. A PERSON WHO IS THE DEFENSE COUNSEL  TO  A  DEFENDANT  IN  A  LEGAL
 PROCEEDING SHALL NOT BE GUILTY OF AN OFFENSE UNDER PARAGRAPH B OF SUBDI-
 VISION ONE OF THIS SECTION, WHEN COMMUNICATING DIRECTLY WITH THE DEFEND-
 ANT  IN  ACCORDANCE  WITH ARTICLE TWO HUNDRED FORTY-FIVE OF THE CRIMINAL
 PROCEDURE LAW.
   3. UNDER THIS SECTION, "DISSEMINATES" AND "PUBLISHES" SHALL  HAVE  THE
 SAME MEANINGS AS UNDER SECTION 250.40 OF THIS PART.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF DISCOVERY MATERIAL IS A CLASS
 E FELONY.
   §  2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
 criminal procedure law, as added by section 2 of part UU of  chapter  56
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08046-01-1
              

 S. 6945                             2
 
 of  the  laws  of  2020, are amended and a new paragraph (u) is added to
 read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this [subparagraph] PARAGRAPH, any of the underlying crimes
 need not be a qualifying offense as defined in this subdivision[.]; OR
   (U) UNLAWFUL DISSEMINATION OR PUBLICATION  OF  DISCOVERY  MATERIAL  AS
 DEFINED IN SECTION 215.09 OF THE PENAL LAW.
   § 3. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
 agraph (xxi) is added to read as follows:
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (XXI) UNLAWFUL DISSEMINATION OR PUBLICATION OF DISCOVERY  MATERIAL  AS
 DEFINED IN SECTION 215.09 OF THE PENAL LAW.
   §  4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
 criminal procedure law, as added by section 4 of part UU of  chapter  56
 of  the  laws  of  2020, are amended and a new paragraph (u) is added to
 read as follows:
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person or property, where such charge arose from conduct occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the
 purposes of this [subparagraph] PARAGRAPH, any of the underlying  crimes
 need not be a qualifying offense as defined in this subdivision[.]; OR
   (U)  UNLAWFUL  DISSEMINATION  OR  PUBLICATION OF DISCOVERY MATERIAL AS
 DEFINED IN SECTION 215.09 OF THE PENAL LAW.
   § 5. This act shall take effect immediately.