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S06878 Summary:

BILL NOS06878
 
SAME ASNo Same As
 
SPONSORCANZONERI-FITZPATRICK
 
COSPNSRMURRAY, OBERACKER, RHOADS
 
MLTSPNSR
 
Amd §245.70, CP L
 
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.
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S06878 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6878
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 25, 2025
                                       ___________
 
        Introduced  by  Sens.  CANZONERI-FITZPATRICK,  OBERACKER, RHOADS -- 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 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.
                                                                   LBD03404-01-5
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