Requires the governor and senior state officers to appear before the legislature as requested by the legislature to publicly explain actions and answer questions.
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.
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.
