Senate Bill S8731

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8731
 
                             I N  S E N A T E
 
                               April 5, 2022
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  protecting
   the identity of witnesses of hate crimes in discovery proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Paragraphs (c) and (g) of subdivision 1 of section  245.20
 of  the  criminal  procedure law, as amended by section 2 of part HHH of
 chapter 56 of the laws of 2020, are amended to read as follows:
   (c) The names and adequate contact information for all  persons  other
 than  law  enforcement  personnel  whom  the  prosecutor  knows  to have
 evidence or information relevant to any offense charged or to any poten-
 tial defense thereto, including a designation by the  prosecutor  as  to
 which of those persons may be called as witnesses. Nothing in this para-
 graph  shall  require  the  disclosure  of physical addresses; provided,
 however, upon a motion and good cause shown the  court  may  direct  the
 disclosure  of  a  physical  address. Information under this subdivision
 relating to the identity of a 911 caller, the victim or  witness  of  an
 offense  defined  under  article one hundred thirty or section 230.34 or
 230.34-a of the penal law, any other victim or witness of a crime  where
 the  defendant  has substantiated affiliation with a criminal enterprise
 as defined in subdivision three of section 460.10 of the penal law, or a
 confidential informant may be  withheld,  and  redacted  from  discovery
 materials,  without need for a motion pursuant to section 245.70 of this
 article; but the prosecution shall notify the defendant in writing  that
 such  information  has not been disclosed, unless the court rules other-
 wise for good cause shown. INFORMATION UNDER THIS  SUBDIVISION  RELATING
 TO  THE  IDENTITY OF A WITNESS OF A HATE CRIME, AS DEFINED UNDER SECTION
 485.05 OF THE PENAL LAW, SHALL BE WITHHELD AND REDACTED  FROM  DISCOVERY
 MATERIALS,  WITHOUT NEED FOR A MOTION PURSUANT TO SECTION 245.70 OF THIS
 ARTICLE; BUT THE PROSECUTION SHALL NOTIFY THE DEFENDANT IN WRITING  THAT
 SUCH  INFORMATION  HAS NOT BEEN DISCLOSED, UNLESS THE COURT RULES OTHER-
 WISE FOR GOOD CAUSE SHOWN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10912-01-1
              

 S. 8731                             2
 
   (g) All tapes or other electronic recordings, including all electronic
 recordings of 911 telephone calls made or received  in  connection  with
 the alleged criminal incident, and a designation by the prosecutor as to
 which  of the recordings under this paragraph the prosecution intends to
 introduce at trial or a pre-trial hearing. If the discoverable materials
 under  this  paragraph exceed ten hours in total length, the prosecution
 may disclose only the recordings that it intends to introduce  at  trial
 or  a pre-trial hearing, along with a list of the source and approximate
 quantity of other recordings and their general subject matter if  known,
 and the defendant shall have the right upon request to obtain recordings
 not  previously  disclosed. The prosecution shall disclose the requested
 materials as soon as practicable and not less than fifteen calendar days
 after the defendant's request, unless an order is obtained  pursuant  to
 section  245.70  of this article. The prosecution may withhold the names
 and identifying information of any person who contacted 911 without  the
 need  for a protective order pursuant to section 245.70 of this article,
 provided, however, the defendant may move the court for disclosure.  THE
 PROSECUTION SHALL WITHHOLD NAMES  AND  IDENTIFYING  INFORMATION  OF  ANY
 PERSON  WHO  CONTACTED  911  TO  REPORT  A  HATE CRIME, AS DEFINED UNDER
 SECTION 485.05 OF THE PENAL LAW, WITHOUT THE NEED FOR A PROTECTIVE ORDER
 PURSUANT TO SECTION 245.70  OF  THIS  ARTICLE,  PROVIDED,  HOWEVER,  THE
 DEFENDANT  MAY MOVE THE COURT FOR DISCLOSURE. If the prosecution intends
 to call such person as a witness at a trial or hearing, the  prosecution
 must  disclose the name and contact information of such witness no later
 than fifteen days before such trial or hearing, or as soon as  practica-
 ble.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.