§ 330.1. Bill of particulars. 1. Definitions. (a) "Bill of
particulars" is a written statement by the presentment agency
specifying, as required by this section, items of factual information
which are not recited in the petition and which pertain to the offense
charged and including the substance of each respondent's conduct
encompassed by the charge which the presentment agency intends to prove
at a fact-finding hearing on its direct case, and whether the
presentment agency intends to prove that the respondent acted as
principal or accomplice or both. However, the presentment agency shall
not be required to include in the bill of particulars matters of
evidence relating to how the presentment agency intends to prove the
elements of the offense charged or how the presentment agency intends to
prove any item of factual information included in the bill of
particulars.

(b) "Request for a bill of particulars" is a written request served by
respondent upon the presentment agency, without leave of the court,
requesting a bill of particulars, specifying the items of factual
information desired, and alleging that respondent cannot adequately
prepare or conduct his defense without the information requested.

2. Bill of particulars upon request. Upon a timely request for a bill
of particulars by a respondent against whom a petition is pending, the
presentment agency shall within fifteen days of the service of the
request or as soon thereafter as is practicable, serve upon the
respondent or his or her attorney and file with the court, the bill of
particulars, except to the extent the presentment agency shall have
refused to comply with the request pursuant to subdivision four of this
section. If the respondent is detained, the court shall direct the
filing of the bill of particulars on an expedited basis and prior to the
commencement of the fact-finding hearing.

3. Timeliness of request. A request for a bill of particulars shall be
timely if made within thirty days after the conclusion of the initial
appearance and before commencement of the fact-finding hearing. If the
respondent is not represented by counsel, and has requested an
adjournment to retain counsel or to have counsel appointed, the
thirty-day period shall commence, for the purposes of a request for a
bill of particulars by the respondent, on the date counsel initially
appeared on respondent's behalf. However, the court may direct
compliance with a request for a bill of particulars that, for good cause
shown, could not have been made within the time specified.

4. Request refused. The presentment agency may refuse to comply with
the request for a bill of particulars or any portion of the request for
a bill of particulars to the extent it reasonably believes that the item
of factual information requested is not authorized to be included in a
bill of particulars, or that such information is not necessary to enable
the respondent adequately to prepare or conduct his defense, or that a
protective order would be warranted or that the demand is untimely. Such
refusal shall be made in a writing, which shall set forth the grounds of
such belief as fully as possible, consistent with the reason for the
refusal. Within fifteen days of the request or as soon thereafter as
practicable, the refusal shall be served upon the respondent and a copy
shall be filed with the court.

5. Court ordered bill of particulars. Where a presentment agency has
timely served a written refusal pursuant to subdivision four of this
section and upon motion, made in writing, of a respondent, who has made
a request for a bill of particulars and whose request has not been
complied with in whole or in part, the court must, to the extent a
protective order is not warranted, order the presentment agency to
comply with the request if it is satisfied that the items of factual
information requested are authorized to be included in a bill of
particulars, and that such information is necessary to enable the
respondent adequately to prepare or conduct his defense and, if the
request was untimely, a finding of good cause for the delay. Where a
presentment agency has not timely served a written refusal pursuant to
subdivision four of this section the court must, unless it is satisfied
that the presentment agency has shown good cause why such an order
should not be issued, issue an order requiring the presentment agency to
comply or providing for any other order authorized by subdivision one of
section 331.6.

6. Motion procedure. A motion for a bill of particulars shall be made
as prescribed in section 332.1. Upon an order granting a motion pursuant
to this section, the presentment agency must file with the court a bill
of particulars, reciting every item of information designated in the
order, and serve a copy thereof upon the respondent. Pending such filing
and service, the fact-finding hearing is stayed.

7. Protective order. (a) The court may, upon motion of the presentment
agency, or of any affected person, or upon determination of a motion of
respondent for a court-ordered bill of particulars, or upon its own
initiative, issue a protective order denying, limiting, conditioning,
delaying or regulating the bill of particulars for good cause, including
constitutional limitations, danger to the integrity of physical evidence
or a substantial risk of physical harm, intimidation, economic reprisal,
bribery or unjustified annoyance or embarrassment to any person or an
adverse effect upon the legitimate needs of law enforcement, including
the protection of the confidentiality of informants, or any other factor
or set of factors which outweighs the need for the bill of particulars.

(b) An order limiting, conditioning, delaying or regulating the bill
of particulars may, among other things, require that any material copied
or derived therefrom be maintained in the exclusive possession of the
attorney for the respondent and be used for the exclusive purpose of
preparing for the defense of the juvenile delinquency proceeding.

8. Amendment. At any time before commencement of the fact-finding
hearing, the presentment agency may, without leave of the court, serve
upon respondent and file with the court an amended bill of particulars.
At any time during the fact-finding hearing, upon application of the
presentment agency and with notice to the respondent and an opportunity
for him to be heard, the court must, upon finding that no undue
prejudice will accrue to respondent and that the presentment agency has
acted in good faith, permit the presentment agency to amend the bill of
particulars. Upon any amendment of the bill of particulars, the court
must, upon application of respondent, order an adjournment of the
fact-finding hearing or any other action it deems appropriate which may,
by reason of the amendment, be necessary to accord the respondent an
adequate opportunity to defend.