NY State Senate Bill 2021-S8168A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2022	print number 8168a
Feb 03, 2022	amend and recommit to codes
Jan 27, 2022	referred to codes

Bill Amendments

Original

A (Active)

2021-S8168 - Details

See Assembly Version of this Bill:: A10680
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§245.10 & 245.20 CP L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S1018
2025-2026: S3142

2021-S8168 - Summary

Provides that evidence of a homicide where the defendant has substantiated affiliation with a criminal enterprise may be withheld from discovery.

2021-S8168 - Sponsor Memo

                                 
BILL NUMBER: S8168

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the timing of
certain discovery

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends clause (A) of subparagraph (iv) of paragraph (a) of
subdivision 1 of section 245.10 of the criminal procedure law to include
any felony defined under article one hundred twenty-five of the penal
law to the list of offenses in which the identity of the 911 caller, the
victim, or witness may be withheld, provided that the defendant may move
the court for disclosure.

Section two is the effective date.

 
JUSTIFICATION:

According to the Federal Bureau of Investigation, homicides across the

United States increased by 30% in 2020. In New York, violent crimes are
also steadily on the rise. For example, in Rochester, the number of
shooting victims in 2021 was up over 105% from the 2016-2020 five-year
average. Using the same metrics, individuals killed by gun violence was
up 120% from the five-year average. While there are many factors
involved with such a spike in violence, one particularly alarming
statistic is that the homicide clearance rate, which indicates the
percentage of homicides in which the perpetrator has been identified,
has plummeted. Though the clearance rate for municipalities across the
state used to be over 90%, it has recently fallen to, at best, around
70%, and, at worst, to merely half.

One factor in such a low clearance rate is the reticence of witnesses to
come forward with information for fear that their identities will be
disclosed to the perpetrator, who may harm them or their loved ones.
This bill, building off of reforms from the 2020 budget, adds in homi-
cide crimes to the list of offenses for which the prosecution can with-
hold the disclosure of any 911 caller, victim, or witness.  The defense
still has a legal right to move the court for disclosure, if warranted.
By providing this additional layer of protection, police departments
across the state may see more cooperation with witnesses, in order to
bring justice and closure to those most affected by the pandemic of
violence in our state.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S8168 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8168
 
                             I N  S E N A T E
 
                             January 27, 2022
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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 the timing of
   certain discovery
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Clause (A) of subparagraph (iv) of paragraph (a) of subdi-
 vision 1 of section 245.10 of the criminal procedure law, as amended  by
 section  1  of part HHH of chapter 56 of the laws of 2020, is amended to
 read as follows:
   (A) Portions of materials claimed to be non-discoverable may be  with-
 held  pending  a  determination  and  ruling  of the court under section
 245.70 of this article; but the defendant shall be notified  in  writing
 that  information  has not been disclosed under a particular subdivision
 of such section, and the discoverable portions of such  materials  shall
 be  disclosed  to  the  extent  practicable.  Information  related to or
 evidencing the identity of a 911 caller, the victim or  witness  of  ANY
 FELONY DEFINED UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR
 an  offense  defined under article one hundred thirty or sections 230.34
 and 230.34-a of the penal law, or any other victim or witness of a crime
 where the defendant has substantiated affiliation with a criminal enter-
 prise as defined in subdivision three of section 460.10 of the penal law
 may be withheld, provided, however, the defendant may move the court for
 disclosure.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14402-01-2

2021-S8168A (ACTIVE) - Details

See Assembly Version of this Bill:: A10680
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§245.10 & 245.20 CP L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S1018
2025-2026: S3142

2021-S8168A (ACTIVE) - Summary

Provides that evidence of a homicide where the defendant has substantiated affiliation with a criminal enterprise may be withheld from discovery.

2021-S8168A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8168A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the timing of
certain discovery

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends clause (A) of subparagraph (iv) of paragraph (a) of
subdivision 1 of section 245.10 of the criminal procedure law to include
any felony defined under article one hundred twenty-five of the penal
law to the list of offenses in which the identity of the 911 caller, the
victim, or witness may be withheld, provided that the defendant may move
the court for disclosure.

Section two amends paragraph c of subdivision 1 of section 240.20 of the
criminal procedure law to make corresponding changes.

Section three is the effective date.

JUSTIFICATION:

According to the Federal Bureau of Investigation, homicides across the
United States increased by 30% in 2020. In New York, violent crimes are
also steadily on the rise. For example, in Rochester, the number of
shooting victims in 2021 was up over 105% from the 2016-2020 five-year
average. Using the same metrics, individuals killed by gun violence was
up 120% from the five-year average. While there are many factors
involved with such a spike in violence, one particularly alarming
statistic is that the homicide clearance rate, which indicates the
percentage of homicides in which the perpetrator has been identified,
has plummeted. Though the clearance rate for municipalities across the
state used to be over 90%, it has recently fallen to, at best, around
70%, and, at worst, to merely half.

One factor in such a low clearance rate is the reticence of witnesses to
come forward with information for fear that their identities will be
disclosed to the perpetrator, who may harm them or their loved ones.
This bill, building off of reforms from the 2020 budget, adds in homi-
cide crimes to the list of offenses for which the prosecution can with-
hold the disclosure of any 911 caller, victim, or witness.  The defense
still has a legal right to move the court for disclosure, if warranted.
By providing this additional layer of protection, police departments
across the state may see more cooperation with witnesses, in order to
bring justice and closure to those most affected by the pandemic of
violence in our state.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S8168A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8168--A
 
                             I N  S E N A T E
 
                             January 27, 2022
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the criminal procedure law, in relation to the timing of
   certain discovery

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (A) of subparagraph (iv) of paragraph (a) of  subdi-
 vision  1 of section 245.10 of the criminal procedure law, as amended by
 section 1 of part HHH of chapter 56 of the laws of 2020, is  amended  to
 read as follows:
   (A)  Portions of materials claimed to be non-discoverable may be with-
 held pending a determination and  ruling  of  the  court  under  section
 245.70  of  this article; but the defendant shall be notified in writing
 that information has not been disclosed under a  particular  subdivision
 of  such  section, and the discoverable portions of such materials shall
 be disclosed to  the  extent  practicable.  Information  related  to  or
 evidencing  the  identity  of a 911 caller, the victim or witness of ANY
 FELONY DEFINED UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR
 an offense defined under article one hundred thirty or  sections  230.34
 and 230.34-a of the penal law, or any other victim or witness of a crime
 where the defendant has substantiated affiliation with a criminal enter-
 prise as defined in subdivision three of section 460.10 of the penal law
 may be withheld, provided, however, the defendant may move the court for
 disclosure.
   §  2. Paragraph (c) 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, is 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14402-04-2
 S. 8168--A                          2
 
 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 ANY
 FELONY DEFINED UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR
 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.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S8168A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2021-S8168 - Details

2021-S8168 - Summary

2021-S8168 - Sponsor Memo

2021-S8168 - Bill Text download pdf

2021-S8168A (ACTIVE) - Details

2021-S8168A (ACTIVE) - Summary

2021-S8168A (ACTIVE) - Sponsor Memo

2021-S8168A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jeremy Cooney

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2021-S8168 - Details

2021-S8168 - Summary

2021-S8168 - Sponsor Memo

2021-S8168 - Bill Text download pdf

2021-S8168A (ACTIVE) - Details

2021-S8168A (ACTIVE) - Summary

2021-S8168A (ACTIVE) - Sponsor Memo

2021-S8168A (ACTIVE) - Bill Text download pdf

Comments