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A02285 Summary:

BILL NOA02285
 
SAME ASNo Same As
 
SPONSORGandolfo
 
COSPNSRJensen, Ra, Brabenec, Durso
 
MLTSPNSR
 
Amd Art 4 §3, Constn
 
Requires the governor and senior state officers to appear before the legislature as requested by the legislature to publicly explain actions and answer questions.
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A02285 Actions:

BILL NOA02285
 
01/16/2025referred to governmental operations
01/17/2025to attorney-general for opinion
02/05/2025opinion referred to judiciary
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A02285 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2285
 
SPONSOR: Gandolfo
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 3 of article 4 of the constitution, in relation to requiring the governor and senior state officers to appear before the legislature   PURPOSE OR GENERAL IDEA OF BILL: An act to amend the criminal procedure law, in relation to protecting the identity of witnesses of hate crimes in discovery proceedings   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Paragraphs (c) and (g) of subdivision 1 of section 245.20 of the criminal procedure law, as amended by section 2 of part HHH of chap- ter 56 of the laws of 2020, are amended to read as follows: c) The names and adequate contact information for all persons other than law enforce- ment personnel whom the prosecutor knows to have evidence or information relevant to any offense charged or to any potential defense thereto, including a designation by the prosecutor as to which of those persons may be called as witnesses. Nothing in this paragraph shall require the disclosure of physical addresses; provided, however, upon a motion and good cause shown the court may direct the disclosure of a physical address. Information under this subdivision relating to the identity of a 911 caller, the victim or witness of an offense defined under article one hundred thirty or section 230.34 or 230.34-a of the penal law, any other victim or witness of a crime where the defendant has substantiated affiliation with a criminal enterprise as defined in subdivision three of section 460.10 of the penal law, or a confidential informant may be withheld, and redacted from discovery materials, without need for a motion pursuant to section 245.70 of this article; but the prosecution shall notify the defendant in writing that such information has not been disclosed, unless the court rules otherwise for good cause shown. Infor- mation under this subdivision relating to the identity of a witness of a hate crime, as defined under section 485.05 of the penal law, shall be withheld and redacted from discovery materials, without need for a motion pursuant to section 245.70 of this article; but the prosecution shall notify the defendant in writing that such information has not been disclosed, unless the court rules otherwise for good cause shown. (g) All tapes or other electronic recordings, including all electronic recordings of 911 telephone calls made or received in connection with the alleged criminal incident, and a designation by the prosecutor as to which of the recordings under this paragraph the prosecution intends to introduce at trial or a pre-trial hearing. If the discoverable materials under this paragraph exceed ten hours in total length, the prosecution may disclose only the recordings that it intends to introduce at trial or a pre-trial hearing, along with a list of the source and approximate quantity of other recordings and their general subject matter if known, 10 and the defendant shall have the right upon request to obtain recordings not previously disclosed. The prosecution shall disclose the requested materials as soon as practicable and not less than fifteen calendar days after the defendant's request, unless an order•is obtained pursuant to section 245.70 of this article. The prosecution may withhold the names and identifying information of any person who contacted 911 without the need for a protective order pursuant to section 245.70 of this article, provided, however, the defendant may move the court for disclosure. The prosecution shall withhold names and identifying infor- mation of any person who contacted 911 to report a hate crime, as defined under section 485.05 of the penal law, without the need for a protective order pursuant to section 245.70 of this article., provided, however, the defendant may move the court for disclosure. If the prose- cution intends to call such person as a witness at a trial or hearing, the prosecution must disclose the name and contact information of such witness no later than fifteen days before such trial or hear- ing, or as soon as practicable. 2. The Effective Date.   JUSTIFICATION: With the disturbing trend of race-based violence being perpetrated against Asian-Americans, it is incumbent upon the Legislature to take swift action. This legislation addresses a glaring problem with New York's discovery proceedings by protecting the identity of witnesses of hate crimes. If we are to pursue justice for victims and prevent further victimization, we must protect hate crime witnesses from retaliation to encourage them to come forward.   PRIOR LEGISLATIVE HISTORY: A.8117 of 2021/22-opinion referred to judiciary; A.2755 of 2023/24 - referred to Gov. Ops., opinion referred to judiciary   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Resolved (if the concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeed- ing general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
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A02285 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2285
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2025
                                       ___________
 
        Introduced  by  M.  of  A. GANDOLFO, JENSEN, RA, BRABENEC, DURSO -- read
          once and referred to the Committee on Governmental Operations
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to section 3 of article 4 of the constitution, in
          relation to requiring the governor and senior state officers to appear
          before the legislature
 
     1    Section 1. Resolved (if the Senate concur), That section 3 of  article
     2  4 of the constitution be amended to read as follows:
     3    §  3.  The  governor  shall  be commander-in-chief of the military and
     4  naval forces of the state. The governor shall have power to convene  the
     5  legislature, or the senate only, on extraordinary occasions. At extraor-
     6  dinary  sessions  convened pursuant to the provisions of this section no
     7  subject shall be acted upon, except such as the governor  may  recommend
     8  for  consideration.  The  governor  shall  communicate by message to the
     9  legislature at every session the condition of the state,  and  recommend
    10  such  matters  to  it as [he or she] the governor shall judge expedient.
    11  The governor shall expedite all such measures as may be resolved upon by
    12  the legislature, and shall  take  care  that  the  laws  are  faithfully
    13  executed.    Subject and pursuant to such laws as may be enacted to this
    14  effect, the governor, and all other state  officers  subject  to  senate
    15  confirmation,  shall  periodically  appear  before the two houses of the
    16  legislature as requested by the legislature for the purpose of  publicly
    17  explaining  actions  and  answering  questions  pertaining to matters of
    18  consequence to the people of New York state. The speaker of  the  assem-
    19  bly, minority leader of the assembly, temporary president of the senate,
    20  and  minority  leader  of  the senate shall each be given equal opportu-
    21  nities to pose questions to  the  governor  and  officers  within  their
    22  respective  houses,  and  each  may select and delegate other members to
    23  pose questions as they deem proper. The governor shall receive for  [his
    24  or  her]  the  governor's services an annual salary to be fixed by joint
    25  resolution of the senate and assembly, and there shall be  provided  for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89054-01-5

        A. 2285                             2
 
     1  [his or her] the governor's use a suitable and furnished executive resi-
     2  dence.
     3    § 2.  Resolved (if the Senate concur), That the foregoing amendment be
     4  referred  to  the  first regular legislative session convening after the
     5  next succeeding general election of members of  the  assembly,  and,  in
     6  conformity  with  section  1  of  article  19  of  the  constitution, be
     7  published for 3 months previous to the time of such election.
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