Requires courts during a criminal trial or hearing to prohibit the disclosure of the address and telephone number of any victim of or witness to the crime to which such trial or hearing relates; prohibits such victims and witnesses from being required to disclose such information in open court.
STATE OF NEW YORK
________________________________________________________________________
209
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. PHEFFER, KOON, ENGLEBRIGHT -- Multi-Sponsored by
-- M. of A. ALFANO, BARRA, MAGEE, TOWNS -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the civil rights law, in relation to confidentiality of
victims' and witnesses' addresses and telephone numbers during a trial
or hearing related to a criminal prosecution
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section
2 50-f to read as follows:
3 § 50-f. Confidentiality of victim and witness address and telephone
4 number during a trial or hearing related to a criminal prosecution.
5 During a trial or hearing related to a criminal prosecution, the court
6 shall require that the residence address and telephone number and the
7 place of business name, address and telephone number of any victim of or
8 witness to the crime shall not be disclosed in open court, and that such
9 victim or witness shall not be required to provide the residence or
10 place of business name, address or telephone number and the place of
11 business name, address and telephone number of any victim or witness to
12 the crime in response to defense or prosecution questioning, unless the
13 court determines that there is a clear need for such disclosure because
14 the information is necessary and relevant to the facts of the case or to
15 the credibility of the witness. The burden to establish the need and
16 relevance for disclosure shall be on the defense or the party seeking
17 disclosure.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01951-01-9
