Relates to protecting witnesses in criminal prosecutions from intimidation and threats by permitting the court to withhold disclosure of names and other information if the court finds on the record that such witness is subject to potential intimidation, violence or threats.
STATE OF NEW YORK
________________________________________________________________________
3269
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. RA, BRABENEC, DURSO, SAYEGH -- read once and
referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to protecting
vulnerable witness and victim's contact information
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, including a designation by the prosecutor as to
8 which of those persons may be called as witnesses; provided, however,
9 nothing in this paragraph shall require the disclosure of the names and
10 adequate contact information for persons that the court finds on the
11 record are subject to potential witness intimidation, violence or
12 threats. Nothing in this paragraph shall require the disclosure of phys-
13 ical addresses; provided, however, upon a motion and good cause shown
14 the court may direct the disclosure of a physical address. Information
15 under this subdivision relating to the identity of a 911 caller, the
16 victim or witness of an offense defined under article one hundred thirty
17 or section 230.34 or 230.34-a of the penal law, any other victim or
18 witness of a crime where the defendant has substantiated affiliation
19 with a criminal enterprise as defined in subdivision three of section
20 460.10 of the penal law, or a confidential informant may be withheld,
21 and redacted from discovery materials, without need for a motion pursu-
22 ant to section 245.70 of this article; but the prosecution shall notify
23 the defendant in writing that such information has not been disclosed,
24 unless the court rules otherwise for good cause shown.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07309-01-3
