Creates the crime of unlawful dissemination or publication of discovery material; defines the circumstances under which a person is guilty of such crime; establishes that such crime is a class E felony.
STATE OF NEW YORK
________________________________________________________________________
9018
IN SENATE
October 2, 2020
___________
Introduced by Sen. SERINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law and the criminal procedure law, in
relation to creating the crime of unlawful dissemination or publica-
tion of discovery material
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 215.09 to
2 read as follows:
3 § 215.09 Unlawful dissemination or publication of discovery material.
4 1. A person is guilty of unlawful dissemination or publication of
5 discovery material, when he or she:
6 a. Intentionally disseminates or publishes material defined under
7 section 245.20 of the criminal procedure law with the intent of intim-
8 idating or harassing another person; or
9 b. Intentionally disseminates or publishes material defined under
10 section 245.20 of the criminal procedure law to another person and he or
11 she knew or reasonably should have known that the person intended to use
12 the discovery material to intimidate or harass another person.
13 2. A person who is the defense counsel to a defendant in a legal
14 proceeding shall not be guilty of an offense under paragraph b of subdi-
15 vision one of this section, when communicating directly with the defend-
16 ant in accordance with article two hundred forty-five of the criminal
17 procedure law.
18 3. Under this section, "disseminates" and "publishes" shall have the
19 same meanings as under section 250.40 of this part.
20 Unlawful dissemination or publication of discovery material is a class
21 E felony.
22 § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
23 criminal procedure law, as added by section 2 of part UU of chapter 56
24 of the laws of 2020, are amended and a new paragraph (u) is added to
25 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17391-01-0
S. 9018 2
1 (s) a felony, where the defendant qualifies for sentencing on such
2 charge as a persistent felony offender pursuant to section 70.10 of the
3 penal law; [or]
4 (t) any felony or class A misdemeanor involving harm to an identifi-
5 able person or property, where such charge arose from conduct occurring
6 while the defendant was released on his or her own recognizance or
7 released under conditions for a separate felony or class A misdemeanor
8 involving harm to an identifiable person or property, provided, however,
9 that the prosecutor must show reasonable cause to believe that the
10 defendant committed the instant crime and any underlying crime. For the
11 purposes of this [subparagraph] paragraph, any of the underlying crimes
12 need not be a qualifying offense as defined in this subdivision[.]; or
13 (u) unlawful dissemination or publication of discovery material as
14 defined in section 215.09 of the penal law.
15 § 3. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
16 section 530.20 of the criminal procedure law, as amended by section 3 of
17 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
18 agraph (xxi) is added to read as follows:
19 (xix) a felony, where the defendant qualifies for sentencing on such
20 charge as a persistent felony offender pursuant to section 70.10 of the
21 penal law; [or]
22 (xx) any felony or class A misdemeanor involving harm to an identifi-
23 able person or property, where such charge arose from conduct occurring
24 while the defendant was released on his or her own recognizance or
25 released under conditions for a separate felony or class A misdemeanor
26 involving harm to an identifiable person or property, provided, however,
27 that the prosecutor must show reasonable cause to believe that the
28 defendant committed the instant crime and any underlying crime. For the
29 purposes of this subparagraph, any of the underlying crimes need not be
30 a qualifying offense as defined in this subdivision[.]; or
31 (xxi) unlawful dissemination or publication of discovery material as
32 defined in section 215.09 of the penal law.
33 § 4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
34 criminal procedure law, as added by section 4 of part UU of chapter 56
35 of the laws of 2020, are amended and a new paragraph (u) is added to
36 read as follows:
37 (s) a felony, where the defendant qualifies for sentencing on such
38 charge as a persistent felony offender pursuant to section 70.10 of the
39 penal law; [or]
40 (t) any felony or class A misdemeanor involving harm to an identifi-
41 able person or property, where such charge arose from conduct occurring
42 while the defendant was released on his or her own recognizance or
43 released under conditions for a separate felony or class A misdemeanor
44 involving harm to an identifiable person or property, provided, however,
45 that the prosecutor must show reasonable cause to believe that the
46 defendant committed the instant crime and any underlying crime. For the
47 purposes of this [subparagraph] paragraph, any of the underlying crimes
48 need not be a qualifying offense as defined in this subdivision[.]; or
49 (u) unlawful dissemination or publication of discovery material as
50 defined in section 215.09 of the penal law.
51 § 5. This act shall take effect immediately.