Requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court.
STATE OF NEW YORK
________________________________________________________________________
5095
2025-2026 Regular Sessions
IN SENATE
February 18, 2025
___________
Introduced by Sens. GRIFFO, OBERACKER, TEDISCO -- 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 requiring
affirmative consent for the disclosure of contact information of
witnesses to a defendant
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 1 of section 245.20 of the
2 criminal procedure law, as amended by section 2 of part HHH of chapter
3 56 of the laws of 2020, is amended to read as follows:
4 (c) The names and adequate contact information for all persons other
5 than law enforcement personnel whom the prosecutor knows to have
6 evidence or information relevant to any offense charged or to any poten-
7 tial defense thereto who have given affirmative consent for such disclo-
8 sure of their contact information or have been denied a protective order
9 pursuant to section 245.70 of this article, including a designation by
10 the prosecutor as to which of those persons may be called as witnesses.
11 Affirmative consent to disclose contact information shall be requested
12 by law enforcement personnel conducting the initial interview of persons
13 who have evidence or information relevant to any offense charged or to
14 any potential defense thereto. A person who does not provide affirmative
15 consent for disclosure of their contact information shall provide good
16 cause for such denial, and the prosecution shall make a motion for a
17 protective order pursuant to section 245.70 of this article on the
18 behalf of such person. Nothing in this paragraph shall require the
19 disclosure of physical addresses; provided, however, upon a motion and
20 good cause shown the court may direct the disclosure of a physical
21 address. Information under this subdivision relating to the identity of
22 a 911 caller, the victim or witness of an offense defined under article
23 one hundred thirty or section 230.34 or 230.34-a of the penal law, any
24 other victim or witness of a crime where the defendant has substantiated
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08530-01-5
S. 5095 2
1 affiliation with a criminal enterprise as defined in subdivision three
2 of section 460.10 of the penal law, or a confidential informant may be
3 withheld, and redacted from discovery materials, without need for a
4 motion pursuant to section 245.70 of this article; but the prosecution
5 shall notify the defendant in writing that such information has not been
6 disclosed, unless the court rules otherwise for good cause shown.
7 § 2. This act shall take effect immediately.
