Permits the court to withhold names, contact information, and statements of any victim or eyewitness from discovery where the defendant is associated with a criminal street gang or the offense is connected to a criminal street gang or criminal enterprise activity.
STATE OF NEW YORK
________________________________________________________________________
7447
2021-2022 Regular Sessions
IN SENATE
October 18, 2021
___________
Introduced by Sen. SERINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the criminal procedure law, in relation to protective
orders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 245.70 of the criminal procedure law is amended by
2 adding a new subdivision 4-a to read as follows:
3 4-a. Where the people have established reasonable cause to believe
4 that the defendant is associated with a criminal street gang, as defined
5 in section 10-170 of the administrative code of the city of New York or
6 a criminal enterprise, as defined in section 460.10 of the penal law and
7 that the offense is connected to criminal street gang or criminal enter-
8 prise activity, there shall be a presumption that good cause exists for
9 the court to authorize the withholding by the people of the names,
10 adequate contact information, and statements of any victim or eyewitness
11 to the charged offense.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13414-01-1
