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A08117 Summary:

BILL NOA08117
 
SAME ASSAME AS S06543
 
SPONSORGandolfo
 
COSPNSRJensen, Ra, Brabenec
 
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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A08117 Actions:

BILL NOA08117
 
06/11/2021referred to governmental operations
06/25/2021to attorney-general for opinion
07/09/2021opinion referred to judiciary
01/05/2022referred to governmental operations
01/05/2022to attorney-general for opinion
02/18/2022opinion referred to judiciary
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A08117 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8117
 
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 enforcement 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, with- out need for a motion pursuant to section 245.70 of this article; but the prosecution shall notify the defendant in writing that such informa- tion has not been disclosed, unless the court rules otherwise for good cause shown. Information 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 hearing, or as soon as practicable. 2. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.   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: New Bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
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A08117 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8117
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 11, 2021
                                       ___________
 
        Introduced by M. of A. GANDOLFO, JENSEN, RA -- 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  shall  judge  expedient.  The  governor
    11  shall expedite all such measures as may be resolved upon by the legisla-
    12  ture,  and  shall  take  care  that  the  laws  are faithfully executed.
    13  Subject and pursuant to such laws as may be enacted to this effect,  the
    14  governor,  and  all other state officers subject to senate confirmation,
    15  shall periodically appear before the two houses of  the  legislature  as
    16  requested  by  the  legislature  for  the purpose of publicly explaining
    17  actions and answering questions pertaining to matters of consequence  to
    18  the  people  of  New York state.   The speaker of the assembly, minority
    19  leader of the assembly, temporary president of the senate, and  minority
    20  leader  of  the  senate  shall each be given equal opportunities to pose
    21  questions to the governor and officers within their  respective  houses,
    22  and each may select and delegate other members to pose questions as they
    23  deem proper. The governor shall receive for his or her services an annu-
    24  al  salary  to  be fixed by joint resolution of the senate and assembly,
    25  and there shall be provided for his or her use a suitable and  furnished
    26  executive residence.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89132-01-1

        A. 8117                             2
 
     1    § 2.  Resolved (if the Senate concur), That the foregoing amendment be
     2  referred  to  the  first regular legislative session convening after the
     3  next succeeding general election of members of  the  assembly,  and,  in
     4  conformity  with  section  1  of  article  19  of  the  constitution, be
     5  published for three months previous to the time of such election.
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