S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    678
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sens. TEDISCO, BORRELLO, GALLIVAN, GRIFFO, HELMING, MATT-
   ERA, O'MARA, ORTT, STEC -- 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 ensuring
   privacy protections for all emergency personnel  present  at  a  crime
   scene

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of  section  245.20  of  the
 criminal  procedure  law, as amended by section 2 of part HHH of chapter
 59 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,  AMBULANCE  SERVICES OR ADVANCED LIFE
 SUPPORT FIRST RESPONSE SERVICES, CERTIFIED FIRST RESPONDERS,  FIREFIGHT-
 ERS, EMERGENCY MEDICAL TECHNICIANS OR ADVANCED EMERGENCY MEDICAL TECHNI-
 CIANS, WHO ARE EMPLOYED BY OR ENROLLED MEMBERS OF ANY SUCH SERVICE, whom
 the prosecutor knows to have evidence or  information  relevant  to  any
 offense  charged or to any potential defense thereto, including a desig-
 nation by the prosecutor as to which of those persons may be  called  as
 witnesses.  Nothing  in  this  paragraph 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. Infor-
 mation 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  pursu-
 ant  to section 245.70 of this article; but the prosecution shall notify

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03624-01-3
 S. 678                              2
              

 
 the defendant in writing that such information has not  been  disclosed,
 unless the court rules otherwise for good cause shown.
   § 2. Subdivision 4 of section 245.70 of the criminal procedure law, as
 added  by  section  2  of part LLL of chapter 59 of the laws of 2019, is
 amended to read as follows:
   4. Showing of good cause. In determining good cause under this section
 the court may consider: constitutional rights or limitations; danger  to
 the  integrity  of physical evidence or the safety of a witness; risk of
 intimidation, economic  reprisal,  bribery,  harassment  or  unjustified
 annoyance  or  embarrassment to any person, and the nature, severity and
 likelihood of that risk; a risk of an adverse effect upon the legitimate
 needs of law enforcement, AMBULANCE SERVICES OR  ADVANCED  LIFE  SUPPORT
 FIRST RESPONSE SERVICES, CERTIFIED FIRST RESPONDERS, FIREFIGHTERS, EMER-
 GENCY MEDICAL TECHNICIANS OR ADVANCED EMERGENCY MEDICAL TECHNICIANS, WHO
 ARE  EMPLOYED  BY OR ENROLLED MEMBERS OF ANY SUCH SERVICE, including the
 protection of the confidentiality of informants, and the nature, severi-
 ty and likelihood of that risk; the  nature  and  circumstances  of  the
 factual  allegations in the case; whether the defendant has a history of
 witness intimidation or tampering and the nature of  that  history;  the
 nature  of  the  stated  reasons  in  support of a protective order; the
 nature of the witness identifying  information  that  is  sought  to  be
 addressed  by  a  protective  order,  including  the option of employing
 adequate alternative contact information; danger to any person  stemming
 from  factors  such  as  a  defendant's substantiated affiliation with a
 criminal enterprise as defined in subdivision three of section 460.10 of
 the penal law; and other similar factors found to outweigh  the  useful-
 ness of the discovery.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.