A09736 Summary:

BILL NOA09736
 
SAME ASNo Same As
 
SPONSORRosenthal D (MS)
 
COSPNSRMiller MG
 
MLTSPNSRHooper
 
Add §50-f, Civ Rts L
 
Provides for the confidentiality of residence and business addresses and telephone numbers of victims of or witnesses to a crime, except in cases where such information is needed by police and other officers investigating a crime; provides that such information may be released to any government agency which provides compensation or services to crime victims or witnesses.
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A09736 Actions:

BILL NOA09736
 
02/05/2018referred to governmental operations
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A09736 Committee Votes:

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A09736 Floor Votes:

There are no votes for this bill in this legislative session.
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A09736 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9736
 
                   IN ASSEMBLY
 
                                    February 5, 2018
                                       ___________
 
        Introduced  by M. of A. D. ROSENTHAL, M. G. MILLER -- Multi-Sponsored by
          -- M. of A.  HOOPER -- 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
 
          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 addresses and  telephone
     4  numbers.  1.  The residence and business addresses and telephone numbers
     5  of any victim of or witness to a crime shall be confidential. No report,
     6  paper, picture, photograph, court file, or other document  that  relates
     7  to  a  crime and contains the residence or business address or telephone
     8  number of a victim or witness, and that is in the custody or  possession
     9  of  any  public officer or employee, including the prosecuting attorney,
    10  the police, and any clerks, officials, or employees of any state  court,
    11  shall  be made available for public inspection, unless the residence and
    12  business addresses and telephone numbers of the victim and witness  have
    13  been  deleted.  No  such  public  officer or employee shall disclose the
    14  residence or business address or telephone number of such  a  victim  or
    15  witness except to:
    16    a.  the  public officers and employees, including police, prosecutors,
    17  probation and prison officers and employees, not to include counsel  for
    18  the  defense,  who are charged with the duty of investigating, prosecut-
    19  ing, or keeping records relating to the crime or the defendant, or  with
    20  performing  any  other act when done pursuant to the lawful discharge of
    21  their duties;
    22    b. any government agency or  entity  which  provides  compensation  or
    23  services  to  victims or witnesses, or which investigates or adjudicates
    24  claims for such compensation or services;
    25    c. any person or agency upon written consent of the victim or  witness
    26  or the parents, spouse, or other person legally responsible for the care
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03473-01-7

        A. 9736                             2
 
     1  of the victim or witness except as may otherwise be required or provided
     2  by the order of a court; or
     3    d.  any  person  who,  either  prior to or after the trial of the case
     4  involving the victim or witness, makes application  to  a  court  having
     5  jurisdiction over the alleged crime, and is authorized by court order to
     6  receive such information. The court order shall issue only after:
     7    (i) the person making the application demonstrates to the satisfaction
     8  of the court that good cause exists for disclosure to that person;
     9    (ii)  the court is reasonably assured by the prosecuting attorney that
    10  the victim or witness is known not  to  be  at  risk  of  personal  harm
    11  resulting  from  the  disclosure,  or  is adequately protected from such
    12  risk; and
    13    (iii) notice has been given to the victim or witness affected  by  the
    14  order,  or  the parents, spouse, or other person legally responsible for
    15  the care of that victim or witness, and to the prosecuting  attorney  at
    16  least  one  hundred  twenty  hours before the signing of such order. The
    17  victim or witness, or the parents, spouse, or the person legally respon-
    18  sible for the care of that victim or witness, affected by the order  may
    19  appeal  to  the  appropriate court the decision to order disclosure, and
    20  there shall be no disclosure until such appeal is heard and decided.
    21    2. Prior to trial, upon request of counsel for the defendant to inter-
    22  view a victim or witness, the prosecuting attorney shall ensure that the
    23  victim or witness sought to be interviewed is informed of  that  request
    24  and of the right of the victim or witness to either grant or refuse that
    25  request.  The prosecutor shall ask if the victim or witness will consent
    26  to such an interview, and shall  ensure  that  the  defense  counsel  is
    27  informed  of  the  response  of  the victim or witness. If the victim or
    28  witness consents to be interviewed, the prosecuting  attorney  shall  so
    29  inform  the  defense  counsel,  and shall offer to the victim or witness
    30  space for a meeting in the prosecuting attorney's  offices  or,  at  the
    31  option of the prosecuting attorney, some other appropriate neutral site.
    32  The  prosecuting  attorney  shall  not be required to but may attend the
    33  meeting. The victim or witness shall be free to make other  arrangements
    34  to  contact  or  meet  with counsel for the defense, and the prosecution
    35  attorney shall not interfere with  nor  impede  on  those  arrangements.
    36  Nothing  in this section shall be construed as prohibiting defense coun-
    37  sel from contacting the victim or witness directly for the  purposes  of
    38  interviewing  the victim or witness, if the defense counsel has obtained
    39  lawfully the address or telephone number of the victim or witness from a
    40  source other than the prosecutor.
    41    3. During a trial or hearing related to a  criminal  prosecution,  the
    42  court  shall require that the residence and business addresses and tele-
    43  phone numbers of any victim of or witness to  the  crime  shall  not  be
    44  disclosed  in  open  court,  and  that  a victim or witness shall not be
    45  required to provide the addresses or telephone numbers of the victim  or
    46  witness  in  response  to defense or prosecution questioning, unless the
    47  court determines that there is a clear need for such disclosure  because
    48  the information is necessary and relevant to the facts of the case or to
    49  the  credibility  of  the  witness. The burden to establish the need and
    50  relevance for disclosure shall be on the defense or  the  party  seeking
    51  disclosure.  Prior  to  ordering  disclosure,  the  court  also shall be
    52  reasonably assured that the victim or witness is known not to be at risk
    53  of personal  harm  resulting  from  the  disclosure,  or  is  adequately
    54  protected from such risk.
    55    4.  The court having jurisdiction over the alleged crime may order any
    56  restrictions upon disclosures authorized in this  section  as  it  deems

        A. 9736                             3
 
     1  necessary and proper to preserve the confidentiality of the residence or
     2  business address or telephone number of the victim or witness.
     3    5. Nothing contained in this section shall be construed to require the
     4  court to exclude the public from any stage of the criminal proceeding or
     5  otherwise  interfere  with  a defendant's discovery rights, the public's
     6  right of access to governmental records, or the right of news  media  to
     7  report information lawfully obtained.
     8    § 2. This act shall take effect immediately.
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