S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10135
 
                           I N  A S S E M B L Y
 
                              March 16, 2018
                                ___________
 
 Introduced by M. of A. BLAKE, SEPULVEDA -- read once and referred to the
   Committee on Codes
 
 AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
   relation to implementing automatic discovery; and  to  repeal  certain
   provisions of the criminal procedure law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 240 of the criminal procedure law is REPEALED and a
 new article 240 is added to read as follows:
                                ARTICLE 240
                            AUTOMATIC DISCOVERY
 SECTION 240.10 AUTOMATIC DISCOVERY; GENERALLY.
         240.15 AUTOMATIC DISCOVERY; SANCTIONS.
         240.20 AUTOMATIC DISCOVERY; DEPOSITIONS.
         240.25 AUTOMATIC DISCOVERY; NOTICE AND PRESERVATION OF EVIDENCE.
         240.30 AUTOMATIC DISCOVERY; REMEDIES OR SANCTIONS FOR NONCOMPLI-
                  ANCE.
         240.35 AUTOMATIC DISCOVERY; DISCRETIONARY DISCOVERY BY ORDER  OF
                  THE COURT.
         240.40 AUTOMATIC DISCOVERY; ORDER TO GRANT ACCESS TO PREMISES.
         240.45 AUTOMATIC DISCOVERY; CERTIFICATE OF COMPLIANCE.
         240.50 AUTOMATIC DISCOVERY; CONTINUING DUTY.
         240.55 AUTOMATIC DISCOVERY; WORK PRODUCT.
         240.60 AUTOMATIC DISCOVERY; PROTECTIVE ORDERS.
         240.65 AUTOMATIC DISCOVERY; AMENDMENT OF DISCOVERY ORDERS.
         240.70  AUTOMATIC  DISCOVERY;  NON-TESTIMONIAL EVIDENCE FROM THE
                  DEFENDANT.
         240.75 AUTOMATIC DISCOVERY; ORDERS REGARDING DNA COMPARISONS.
 § 240.10 AUTOMATIC DISCOVERY; GENERALLY.
   1. MANDATORY OPEN FILE DISCOVERY. (A) UPON COMMENCEMENT OF A  CRIMINAL
 ACTION,  AND  WITHOUT  A  MOTION  BY  THE DEFENSE, THE PROSECUTION SHALL
 DISCLOSE TO THE DEFENSE, AND PERMIT THE DEFENSE  TO  DISCOVER,  INSPECT,
 COPY   OR  PHOTOGRAPH,  AND  TEST  ALL  ITEMS  AND  INFORMATION  IN  THE
 POSSESSION, CUSTODY OR CONTROL OF THE PROSECUTION, OR PERSONS UNDER  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14730-02-8

 A. 10135                            2
 
 PROSECUTION'S  DIRECTION  OR CONTROL, WHICH RELATE TO THE SUBJECT MATTER
 OF THE CASE OR ARE OTHERWISE RELEVANT, INCLUDING BUT NOT LIMITED TO:
   (I)  ALL  STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING
 OR RECORDING, AND THE SUBSTANCE OF ALL  ORAL  STATEMENTS,  MADE  BY  THE
 DEFENDANT OR A CO-DEFENDANT;
   (II)  ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING
 OR RECORDING, AND THE SUBSTANCE OF ALL ORAL STATEMENTS, MADE BY  PERSONS
 WHOM THE PROSECUTOR KNOWS TO HAVE EVIDENCE OR INFORMATION THAT RELATE TO
 THE SUBJECT MATTER OF THE CASE OR ARE OTHERWISE RELEVANT;
   (III)  ALL  PHOTOGRAPHS, TANGIBLE OBJECTS, VIDEO AND AUDIO RECORDINGS,
 AND ELECTRONIC RECORDINGS AND DATA, INCLUDING BUT NOT  LIMITED  TO  CELL
 PHONE  TRIANGULATION  DATA,  PEN  REGISTRY  AND  WIRE TAPPING DATA, THAT
 RELATE TO THE SUBJECT MATTER OF THE CASE OR ARE OTHERWISE RELEVANT; WITH
 RESPECT TO TANGIBLE OBJECTS OBTAINED FROM, OR  ALLEGEDLY  POSSESSED  BY,
 THE DEFENDANT OR A CO-DEFENDANT, THE PROSECUTION SHALL PROVIDE A SUMMARY
 INDICATING WHETHER THE OBJECT WAS PHYSICALLY OR CONSTRUCTIVELY POSSESSED
 BY  THE  DEFENDANT,  WHETHER THE OBJECT WAS RECOVERED DURING A SEARCH OR
 SEIZURE BY A PUBLIC SERVANT OR AN AGENT THEREOF, WHETHER THE PROSECUTION
 INTENDS TO PROVE THE OBJECT WAS RECOVERED BY A PUBLIC SERVANT  OR  AGENT
 THEREOF  AFTER BEING ABANDONED BY THE DEFENDANT, WHETHER THE PROSECUTION
 INTENDS TO PROVE THE DEFENDANT'S POSSESSION OF THE OBJECT BY MEANS OF  A
 STATUTORY  PRESUMPTION  OF POSSESSION, AND THE LOCATION WHERE THE OBJECT
 WAS RECOVERED;
   (IV) REPORTS AND RECORDS OF PHYSICAL OR  MENTAL  EXAMINATIONS  OF  THE
 DEFENDANT  OR  THE  COMPLAINING WITNESS OR OF SCIENTIFIC TESTS OR EXPER-
 IMENTS, INCLUDING ALL DATA,  CALCULATIONS,  OR  WRITINGS  OF  ANY  KIND,
 INCLUDING BUT NOT LIMITED TO, PRELIMINARY TESTS OR SCREENING RESULTS AND
 BENCH NOTES;
   (V)  ALL EXHIBITS AND DEMONSTRATIVE EVIDENCE THE PROSECUTOR INTENDS TO
 INTRODUCE AT A HEARING OR TRIAL THAT RELATE TO THE SUBJECT MATTER OF THE
 CASE OR ARE OTHERWISE RELEVANT;
   (VI) THE NAMES, KNOWN  ALIASES,  ADDRESSES  AND  BIRTH  DATES  OF  ALL
 PERSONS, OTHER THAN LAW ENFORCEMENT PERSONNEL, WHOM THE PROSECUTOR KNOWS
 TO HAVE EVIDENCE OR INFORMATION THAT RELATE TO THE SUBJECT MATTER OF THE
 CASE OR ARE OTHERWISE RELEVANT, AS WELL AS A DESIGNATION BY THE PROSECU-
 TOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED AS WITNESSES;
   (VII)  ANY DOCUMENTATION AND SUMMARY OF PRIOR COMPLAINTS, INDICTMENTS,
 CONVICTIONS, DISPOSITIONS,  AND  FINDINGS  OF  FALSE  TESTIMONY  OF  ALL
 DEFENDANTS AND OF ANY PERSON THE PROSECUTOR HAS DESIGNATED AS A CIVILIAN
 WITNESS WHO MAY BE CALLED AT TRIAL PURSUANT TO SUBPARAGRAPH (VI) OF THIS
 PARAGRAPH;
   (VIII)  THE  NAME, RANK, SHIELD NUMBER AND BUSINESS ADDRESS OF ALL LAW
 ENFORCEMENT PERSONNEL WHOM THE PROSECUTOR  KNOWS  TO  HAVE  EVIDENCE  OR
 INFORMATION  THAT RELATE TO THE SUBJECT MATTER OF THE CASE OR ARE OTHER-
 WISE RELEVANT;
   (IX) ANY DOCUMENTATION AND SUMMARY OF IMPEACHMENT MATERIAL,  INCLUDING
 BUT  NOT LIMITED TO: PRIOR COMPLAINTS, INDICTMENTS, CONVICTIONS, PENDING
 AND CLOSED INVESTIGATION RECORDS, AND INSTANCES WHERE  SAID  PERSON  HAS
 BEEN  FOUND INCREDIBLE, OF ANY PERSON THE PROSECUTOR HAS DESIGNATED AS A
 LAW ENFORCEMENT OFFICER OR AGENT THEREOF WHO PARTICIPATED IN THE  INVES-
 TIGATION  THAT  RELATES  TO  THE  SUBJECT MATTER OF THE CASE PURSUANT TO
 SUBPARAGRAPH (VII) OF THIS PARAGRAPH;
   (X) ALL TRANSCRIPTS OF THE TESTIMONY OF ANY PERSON WHO  HAS  TESTIFIED
 BEFORE  ANY  GRAND JURY WHEN THE TESTIMONY RELATES TO THE SUBJECT MATTER
 OF THE CASE OR IS OTHERWISE RELEVANT;

 A. 10135                            3
 
   (XI) A SUMMARY, PURSUANT TO SUBDIVISION TWO OF  THIS  SECTION  OF  ALL
 CORPOREAL  OR  NON-CORPOREAL OR VOICE IDENTIFICATION PROCEDURES, WHETHER
 OR NOT AN IDENTIFICATION WAS MADE, AND ALL DOCUMENTS,  PHOTOGRAPHS,  AND
 OTHER MATERIALS RELATING THERETO;
   (XII) ALL FACTS, EVIDENCE, AND INFORMATION FAVORABLE TO THE DEFENDANT,
 INCLUDING  BUT  NOT  LIMITED  TO  INFORMATION  THAT  TENDS TO NEGATE THE
 DEFENDANT'S GUILT OR THAT TENDS TO MITIGATE THE DEFENDANT'S  CULPABILITY
 AS  TO  A  CHARGED OFFENSE, OR THAT TENDS TO SUPPORT A POTENTIAL DEFENSE
 THERETO, OR THAT TENDS TO SUPPORT  A  MOTION  TO  SUPPRESS  EVIDENCE  ON
 CONSTITUTIONAL  OR  STATUTORY  GROUNDS, OR THAT WOULD TEND TO REDUCE THE
 PUNISHMENT OF THE DEFENDANT, OR THAT IS RELEVANT TO A  WITNESS'S  CREDI-
 BILITY, WITHOUT REGARD TO THE MATERIALITY OF THE INFORMATION;
   (XIII) A SUMMARY OF ALL DISCUSSIONS, OVERT OR TACIT PROMISES, REWARDS,
 INDUCEMENTS,  OR  OFFERS  OF  LENIENCY  MADE  TO A POTENTIAL PROSECUTION
 WITNESS, AND COPIES OF ALL DOCUMENTS  AND  MATERIALS  RELEVANT  TO  SUCH
 PROMISE, REWARD, INDUCEMENT, OR OFFER OF LENIENCY;
   (XIV)  A SUMMARY OF ALL EVIDENCE OR INFORMATION THAT HAS BEEN PROVIDED
 BY A CONFIDENTIAL INFORMANT OR JAILHOUSE INFORMANT AND  THAT  RELATE  TO
 THE SUBJECT MATTER OF THE CASE OR ARE OTHERWISE RELEVANT;
   (XV)  INFORMATION REGARDING WHETHER A SEARCH WARRANT HAS BEEN EXECUTED
 AND ALL DOCUMENTS AND ELECTRONIC RECORDINGS OR RECORDS RELATING THERETO,
 INCLUDING BUT NOT LIMITED TO THE WARRANT, THE WARRANT  APPLICATION,  ALL
 SUPPORTING  AFFIDAVITS,  A POLICE INVENTORY OF ALL PROPERTY SEIZED UNDER
 THE WARRANT, AND A TRANSCRIPT OF ALL TESTIMONY OR  OTHER  ORAL  COMMUNI-
 CATIONS OFFERED IN SUPPORT OF THE WARRANT APPLICATION;
   (XVI)  INFORMATION  REGARDING  WHETHER  THERE  HAS BEEN ANY ELECTRONIC
 SURVEILLANCE, INCLUDING  BUT  NOT  LIMITED  TO  WIRE  TAPPING  OR  VIDEO
 SURVEILLANCE,  OF  A  RESIDENCE  OR BUSINESS OR TELEPHONE OR COMPUTER OR
 OTHER ELECTRONIC OR DIGITAL DEVICE  OR  SOCIAL  MEDIA  ACCOUNTS  OF  THE
 DEFENDANT,  OR OF CONVERSATIONS TO WHICH THE DEFENDANT OR A CO-DEFENDANT
 WAS A PARTY, AND ALL RECORDINGS, TRANSCRIPTS,  DOCUMENTS,  WARRANTS  AND
 WARRANT APPLICATION MATERIALS RELATING THERETO;
   (XVII)  INTENDED EXPERT OPINION EVIDENCE, INCLUDING THE NAME, BUSINESS
 ADDRESS, CURRENT CURRICULUM VITAE, AND A LIST OF  PUBLICATIONS  OF  EACH
 INTENDED  EXPERT  WITNESS,  AND  ALL REPORTS PREPARED BY THE EXPERT THAT
 PERTAIN TO THE CASE, OR IF NO REPORT IS PREPARED, A WRITTEN STATEMENT OF
 THE FACTS AND OPINIONS TO WHICH THE EXPERT IS EXPECTED TO TESTIFY AND  A
 SUMMARY  OF  THE  GROUNDS  FOR EACH OPINION, AND ANY INSTANCES WHERE THE
 EXPERT HAS BEEN FOUND INCREDIBLE OR TO HAVE BEEN  IN  PERJURY;  IF  SUCH
 INTENDED EXPERT OPINION EVIDENCE IS NOT FURNISHED WITHIN FIFTEEN DAYS OF
 THE  EXPERT  WITNESS'S COMPLETION OF THE REPORT, THE EXPERT WITNESS MAY,
 UPON APPLICATION BY THE DEFENDANT, BE BARRED FROM TESTIFYING AT TRIAL;
   (XVIII) A LIST OF ALL MISCONDUCT AND CRIMINAL ACTS  OF  THE  DEFENDANT
 NOT  CHARGED IN THE INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S
 INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION CHARGING A MISDEMEA-
 NOR, WHICH THE PROSECUTION INTENDS TO  USE  AT  TRIAL  FOR  PURPOSES  OF
 IMPEACHING  THE  CREDIBILITY OF THE DEFENDANT OR AS SUBSTANTIVE PROOF OF
 ANY MATERIAL ISSUE IN THE CASE; AND
   (XIX) ALL DEPARTMENT OF CRIMINAL  JUSTICE  SERVICES  CRIMINAL  HISTORY
 RECORD CHECKS FOR ALL WITNESSES WHO THE PROSECUTION INTENDS TO CALL, ALL
 DEFENDANTS, AND ALL CO-DEFENDANTS.
   (B)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE INTERPRETED TO LIMIT THE
 SCOPE OF THE PROSECUTION'S DISCOVERY OBLIGATIONS. IN ALL QUESTIONS ARIS-
 ING REGARDING THE SCOPE OF THE PROSECUTION'S OBLIGATION TO  DISCLOSE  TO
 THE  DEFENSE  AND  TO  PERMIT  THE DEFENSE TO DISCOVER, INSPECT, COPY OR
 PHOTOGRAPH ALL ITEMS AND  INFORMATION  IN  THE  POSSESSION,  CUSTODY  OR

 A. 10135                            4
 
 CONTROL OF THE PROSECUTION, OR PERSONS UNDER THE PROSECUTION'S DIRECTION
 OR CONTROL, WHICH RELATE TO THE SUBJECT MATTER OF THE CASE OR ARE OTHER-
 WISE RELEVANT, THERE SHALL BE A PRESUMPTION IN FAVOR OF DISCLOSURE.
   2. IDENTIFICATION PROCEDURE SUMMARIES. SUMMARIES DISCLOSED PURSUANT TO
 SUBPARAGRAPH  (XI)  OF  PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION
 SHALL INCLUDE:
   (A) THE DATE, TIME, LOCATION, TYPE, AND RESULT OF EACH PROCEDURE;
   (B) THE NAMES OF ALL PERSONS PRESENT AT EACH PROCEDURE IF KNOWN TO LAW
 ENFORCEMENT;
   (C) THE NAME AND ADDRESS OF EACH EYEWITNESS AT EACH PROCEDURE;
   (D) THE NUMBER AND SOURCE OF ALL PHOTOGRAPHS  OR  LINEUP  PARTICIPANTS
 USED IN EACH PROCEDURE;
   (E)  A  COPY  OF ALL PHOTOGRAPHS, PHOTOGRAPHIC ARRAYS, AND PHOTOGRAPHS
 TAKEN OF ALL LINEUPS VIEWED BY AN EYEWITNESS;
   (F) THE DESCRIPTIONS OF SUSPECTS ENTERED INTO AN ELECTRONIC OR COMPUT-
 ER PHOTOGRAPHIC IDENTIFICATION SYSTEM, AND A  SAVED  COLLECTION  OF  THE
 PHOTOGRAPHIC  IMAGES  GENERATED  BY  EACH DESCRIPTION AND VIEWED BY EACH
 EYEWITNESS;
   (G) WHETHER THE PROCEDURE WAS SIMULTANEOUS OR SEQUENTIAL;
   (H) ALL STATEMENTS MADE IN THE PRESENCE OF OR BY EACH EYEWITNESS;
   (I) WHETHER THE EYEWITNESS SELECTED A DIFFERENT PERSON AS  THE  PERPE-
 TRATOR  OR  INDICATED  A  BELIEF  THAT  HE OR SHE COULD NOT IDENTIFY THE
 PERPETRATOR;
   (J) WHETHER BEFORE THE PROCEDURE THE EYEWITNESS  WAS  INSTRUCTED  THAT
 THE PERPETRATOR MIGHT OR MIGHT NOT BE PRESENT; AND
   (K)  WHETHER THE ADMINISTRATOR OF EACH PROCEDURE KNEW WHICH PERSON WAS
 THE SUSPECT, AND WHETHER,  BEFORE  THE  PROCEDURE,  THE  EYEWITNESS  WAS
 INSTRUCTED  THAT  THE  ADMINISTRATOR  DID  NOT KNOW WHICH PERSON WAS THE
 SUSPECT.
   3. DISCLOSURE PRIOR  TO  GUILTY  PLEA  DEADLINE.  (A)  UPON  A  FELONY
 COMPLAINT,  WHERE  THE  PROSECUTOR HAS MADE A PRE-INDICTMENT GUILTY PLEA
 OFFER, THE PROSECUTOR MUST DISCLOSE  TO  THE  DEFENSE,  AND  PERMIT  THE
 DEFENSE TO DISCOVER, INSPECT, COPY OR PHOTOGRAPH, AND TEST ALL ITEMS AND
 INFORMATION  THAT  WOULD  BE  DISCOVERABLE UNDER SUBDIVISION ONE OF THIS
 SECTION THAT ARE IN THE POSSESSION, CUSTODY OR  CONTROL  OF  THE  PROSE-
 CUTION.  SUCH DISCLOSURE MUST BE COMPLETED WITHIN A REASONABLE TIME, BUT
 NOT LESS THAN THREE DAYS, PRIOR TO THE EXPIRATION  DATE  OF  ANY  GUILTY
 PLEA OFFER BY THE PROSECUTION OR ANY DEADLINE IMPOSED BY THE COURT FOR A
 GUILTY  PLEA.  A DEFENDANT MAY WAIVE HIS OR HER RIGHTS UNDER THIS SUBDI-
 VISION; EXCEPT THAT A GUILTY PLEA OFFER MAY NOT BE CONDITIONED  ON  SUCH
 WAIVER.
   (B)  UPON  AN  INDICTMENT,  SUPERIOR  COURT  INFORMATION, PROSECUTOR'S
 INFORMATION, SIMPLIFIED INFORMATION CHARGING A MISDEMEANOR, INFORMATION,
 OR MISDEMEANOR COMPLAINT, THE PROSECUTION MUST COMPLY WITH  ALL  DISCLO-
 SURE  REQUIRED BY SUBDIVISION ONE OF THIS SECTION AND FILE A CERTIFICATE
 OF COMPLIANCE PURSUANT TO SECTION 240.45 OF THIS ARTICLE AT LEAST  SEVEN
 DAYS PRIOR TO THE EXPIRATION DATE OF ANY GUILTY PLEA OFFER BY THE PROSE-
 CUTION  OR  ANY  DEADLINE IMPOSED BY THE COURT FOR A GUILTY PLEA. IF THE
 PROSECUTION DOES NOT COMPLY WITH THIS SUBDIVISION, THE  OFFER  SHALL  BE
 DEEMED AVAILABLE TO THE DEFENDANT UNTIL SEVEN DAYS AFTER THE PROSECUTION
 HAS  FILED A CERTIFICATE OF COMPLIANCE. A DEFENDANT MAY WAIVE HIS OR HER
 RIGHTS UNDER THIS SUBDIVISION; EXCEPT THAT A GUILTY PLEA OFFER  MAY  NOT
 BE CONDITIONED ON SUCH WAIVER.
   4.  RECIPROCAL  DISCOVERY.  THE  DEFENDANT SHALL, SUBJECT TO CONSTITU-
 TIONAL LIMITATIONS AND WITHIN NINETY DAYS OF WHEN THE PROSECUTION  FILES
 ITS  CERTIFICATE  OF COMPLIANCE PURSUANT TO SECTION 240.45 OF THIS ARTI-

 A. 10135                            5
 
 CLE, DISCLOSE TO THE PROSECUTION, AND PERMIT THE PROSECUTION TO  DISCOV-
 ER, INSPECT, COPY, PHOTOGRAPH, OR TEST:
   (A)  INTENDED  EXPERT  OPINION  EVIDENCE, INCLUDING THE NAME, BUSINESS
 ADDRESS, CURRENT CURRICULUM VITAE, AND A LIST OF  PUBLICATIONS  OF  EACH
 INTENDED  EXPERT  WITNESS,  AND  ALL REPORTS PREPARED BY THE EXPERT THAT
 PERTAIN TO THE CASE, OR IF NO REPORT IS PREPARED, A WRITTEN STATEMENT OF
 THE FACTS AND OPINIONS TO WHICH THE EXPERT IS EXPECTED TO TESTIFY AND  A
 SUMMARY OF THE GROUNDS FOR EACH OPINION;
   (B)  ALL  PHOTOGRAPHS,  TANGIBLE  OBJECTS, VIDEO AND AUDIO RECORDINGS,
 ELECTRONIC RECORDINGS AND DATA, REPORTS OF PHYSICAL OR  MENTAL  EXAMINA-
 TIONS  OF ANY PERSON OR OF SCIENTIFIC TESTS OR EXPERIMENTS, AND EXHIBITS
 THAT THE DEFENDANT INTENDS TO INTRODUCE AT TRIAL IN HIS OR HER  CASE  IN
 CHIEF; AND
   (C)  ALL  STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING
 OR RECORDING MADE BY A WITNESS WHO THE  DEFENDANT  INTENDS  TO  CALL  AT
 TRIAL,  OTHER THAN STATEMENTS MADE BY THE DEFENDANT, EXCEPT THAT DISCLO-
 SURE UNDER THIS SUBDIVISION IS NOT REQUIRED UNTIL THE CLOSE OF THE PROS-
 ECUTION'S CASE IN CHIEF.
   5. REDACTIONS PERMITTED. EITHER PARTY IS PERMITTED  TO  REDACT  SOCIAL
 SECURITY NUMBERS AND TAX NUMBERS FROM DISCLOSURES.
 § 240.15 AUTOMATIC DISCOVERY; SANCTIONS.
   SECTION  240.10  OF  THIS ARTICLE SHALL HAVE THE FORCE AND EFFECT OF A
 COURT ORDER, AND FAILURE TO PROVIDE DISCOVERY PURSUANT TO  SUCH  SECTION
 MAY  RESULT  IN APPLICATION OF ANY SANCTIONS PERMITTED FOR NONCOMPLIANCE
 WITH A COURT ORDER UNDER SECTION 240.30 OF THIS ARTICLE.  HOWEVER, IF IN
 THE JUDGMENT OF EITHER PARTY GOOD CAUSE EXISTS FOR DECLINING TO MAKE ANY
 OF THE DISCLOSURES SET FORTH IN SECTION 240.10 OF THIS ARTICLE,  IT  MAY
 MOVE  FOR  A PROTECTIVE ORDER PURSUANT TO SECTION 240.60 OF THIS ARTICLE
 AND PRODUCTION OF THE ITEM SHALL BE  STAYED  PENDING  A  RULING  BY  THE
 COURT.  THE  OPPOSING  PARTY  SHALL BE NOTIFIED IN WRITING WHAT SPECIFIC
 INFORMATION OR MATERIAL HAS NOT BEEN DISCLOSED AND THE GROUNDS  FOR  THE
 PROTECTIVE  ORDER  SOUGHT OR THE REASON THAT THE INFORMATION OR MATERIAL
 CANNOT IMMEDIATELY BE DISCLOSED.
 § 240.20 AUTOMATIC DISCOVERY; DEPOSITIONS.
   1. OBTAINING DEPOSITIONS. AT ANY TIME  AFTER  THE  COMMENCEMENT  OF  A
 CRIMINAL  ACTION,  UPON  SERVICE OF A SUBPOENA, THE DEFENDANT MAY OBTAIN
 THE DEPOSITION OF ANY PERSON ON ORAL EXAMINATION,  WHERE  SUCH  PERSON'S
 TESTIMONY  IS  MATERIAL  TO THE CASE OR RELEVANT TO THE PREPARATION OF A
 DEFENSE. A PERSON'S STATEMENTS IN A DEPOSITION MAY BE USED IN SUBSEQUENT
 PROCEEDINGS IN THE SAME MANNER AS OTHER OUT-OF-COURT STATEMENTS.
   2. LOCATION OF DEPOSITION. DEPOSITION OF A WITNESS SHALL BE  TAKEN  IN
 THE  COUNTY  WHERE  THE  WITNESS  LIVES, OR IN SUCH OTHER LOCATION AS IS
 AGREED UPON BY THE PARTIES, OR AT A LOCATION DESIGNATED  BY  THE  COURT.
 THE  DEPOSITION  OF  ANY  PERSON CONFINED IN PRISON SHALL BE TAKEN WHERE
 SUCH PERSON IS CONFINED, UNLESS OTHERWISE ORDERED BY THE COURT.
   3. EXPERTS. THE DEFENDANT MAY DISCOVER BY  DEPOSITION  THE  FACTS  AND
 OPINIONS  TO  WHICH  AN  EXPERT  IS EXPECTED TO TESTIFY. UNLESS MANIFEST
 INJUSTICE WOULD RESULT, THE COURT SHALL REQUIRE THAT THE  PARTY  SEEKING
 DISCOVERY  FROM AN EXPERT PAY THE EXPERT A REASONABLE HOURLY FEE FOR THE
 TIME SUCH EXPERT IS DEPOSED.
   4. FAILURE OF WITNESS TO COMPLY. THE COURT MAY PRECLUDE THE  TESTIMONY
 OF  ANY  WITNESS  WHO  FAILS TO COMPLY WITH A PROPERLY SERVED DEPOSITION
 SUBPOENA FROM TESTIFYING AT HEARING AND/OR TRIAL.
 § 240.25 AUTOMATIC DISCOVERY; NOTICE AND PRESERVATION OF EVIDENCE.
   1. NOTICE. UPON RECEIPT OF INFORMATION  THAT  ANY  ITEM  DESCRIBED  IN
 SUBPARAGRAPHS  (I)  THROUGH (XIX) OF PARAGRAPH (A) OF SUBDIVISION ONE OF

 A. 10135                            6
 
 SECTION 240.10 OF THIS ARTICLE EXISTS, EXCEPT THAT IT IS NOT WITHIN  THE
 POSSESSION,  CUSTODY OR CONTROL OF THE PROSECUTION, OR PERSONS UNDER ITS
 DIRECTION AND CONTROL, THE PROSECUTION SHALL  EXPEDITIOUSLY  NOTIFY  THE
 DEFENDANT  OF THE EXISTENCE OF THE ITEM AND ALL INFORMATION KNOWN TO THE
 PROSECUTOR CONCERNING THE  ITEM'S  LOCATION  AND  THE  IDENTITY  OF  ANY
 PERSONS POSSESSING IT.
   2.  PRESERVATION  ORDER. AT ANY TIME, A PARTY MAY MOVE FOR AN ORDER TO
 ANY INDIVIDUAL, AGENCY OR OTHER ENTITY IN POSSESSION, CUSTODY OR CONTROL
 OF ITEMS THAT RELATE TO THE SUBJECT MATTER OF THE CASE OR ARE  OTHERWISE
 RELEVANT,  INCLUDING  BUT  NOT  LIMITED  TO REQUIRING THAT SUCH ITEMS BE
 PRESERVED FOR A SPECIFIED PERIOD OF TIME.   IN ADDITION,  THE  DEFENDANT
 MAY  MOVE  FOR  AN  ORDER  TO  ANY INDIVIDUAL, AGENCY OR OTHER ENTITY IN
 POSSESSION, CUSTODY OR CONTROL OF A CRIME  SCENE  THAT  RELATES  TO  THE
 SUBJECT  MATTER  OF  THE  CASE  OR IS OTHERWISE RELEVANT, REQUIRING THAT
 COUNSEL FOR THE DEFENDANT BE GRANTED PROMPT  AND  REASONABLE  ACCESS  TO
 INSPECT,  PHOTOGRAPH OR MEASURE THAT CRIME SCENE, AND THAT THE CONDITION
 OF THE CRIME SCENE REMAIN UNCHANGED IN THE INTERIM. THE COURT SHALL HEAR
 AND RULE UPON MOTIONS MADE PURSUANT TO THIS  SUBDIVISION  EXPEDITIOUSLY.
 THE COURT MAY MODIFY OR VACATE SUCH AN ORDER UPON A SHOWING THAT PRESER-
 VATION  OF  PARTICULAR  EVIDENCE  WILL  CREATE  SIGNIFICANT HARDSHIP, ON
 CONDITION THAT THE PROBATIVE VALUE OF SAID EVIDENCE IS  PRESERVED  BY  A
 SPECIFIED ALTERNATIVE MEANS.
   3.  MATERIAL HELD BY OTHER GOVERNMENTAL PERSONNEL. UPON REQUEST OF THE
 DEFENDANT, THE PROSECUTOR SHALL USE DUE DILIGENCE AND  MAKE  GOOD  FAITH
 EFFORTS TO MAKE AVAILABLE FOR DISCLOSURE TO THE DEFENDANT MATERIALS THAT
 WOULD BE DISCOVERABLE UNDER SUBPARAGRAPHS (I) THROUGH (XIX) OF PARAGRAPH
 (A) OF SUBDIVISION ONE OF SECTION 240.10 OF THIS ARTICLE BUT THAT ARE IN
 POSSESSION,  CUSTODY,  OR CONTROL OF OTHER GOVERNMENTAL PERSONNEL. WHERE
 THE PROSECUTOR'S EFFORTS ARE UNSUCCESSFUL, THE COURT UPON MOTION OF  THE
 DEFENDANT SHALL ISSUE SUITABLE SUBPOENAS OR ORDERS TO CAUSE SUCH MATERI-
 ALS TO BE MADE AVAILABLE FOR DISCLOSURE TO THE DEFENDANT.
   4.  MATERIAL  WITNESSES AND PHYSICAL EVIDENCE. WHEN POLICE OFFICERS OR
 OTHER LAW ENFORCEMENT PERSONNEL PARTICIPATE IN THE INVESTIGATION  OF  AN
 APPARENT  CRIMINAL  INCIDENT,  AND PROVIDED THAT IT IS PRACTICABLE UNDER
 THE CIRCUMSTANCES, THEY SHALL REQUEST AND MEMORIALIZE  CONTACT  INFORMA-
 TION  FOR  ALL  PERSONS OF WHOM THEY ARE AWARE WITH MATERIAL EVIDENCE OR
 INFORMATION THAT RELATE TO THE SUBJECT MATTER OF THE CASE OR ARE  OTHER-
 WISE RELEVANT, AND SHALL GATHER OR MEMORIALIZE APPARENTLY MATERIAL PHYS-
 ICAL EVIDENCE OF WHICH THEY ARE AWARE.
   5.  ELECTRONIC  RECORDINGS  OF  INTERVIEWS AT POLICE STATIONS OR OTHER
 DETENTION FACILITIES.  NO ORAL, WRITTEN, OR SIGN LANGUAGE STATEMENT OF A
 SUSPECT MADE DURING AN INTERVIEW AT A POLICE STATION OR OTHER  DETENTION
 FACILITY SHALL BE ADMISSIBLE AS SUBSTANTIVE EVIDENCE AGAINST THAT PERSON
 IN ANY CRIMINAL PROCEEDING UNLESS AN ELECTRONIC RECORDING IS MADE OF ALL
 INTERVIEWS OF THE SUSPECT. EACH RECORDING MUST BE OF THE COMPLETE INTER-
 VIEW,  MUST INCLUDE BOTH AUDIO AND VISUAL RECORDING, AND MUST BE FOCUSED
 UPON BOTH THE QUESTIONER,  INTERPRETER,  IF  PRESENT,  AND  THE  SUSPECT
 THROUGHOUT.  ANY  PHOTOGRAPH,  VIDEO,  OR  OBJECT SHOWN TO THE DEFENDANT
 DURING THE INTERVIEW MUST BE PRESERVED FOR INSPECTION.
   6. CERTAIN RECORDINGS. THE PROSECUTOR SHALL EXPEDITIOUSLY  TAKE  STEPS
 TO  DISCOVER,  PRESERVE,  AND  DISCLOSE  ALL VIDEO, AUDIO, OR ELECTRONIC
 RECORDINGS MADE IN CONNECTION WITH  THE  INVESTIGATION  OF  AN  APPARENT
 CRIMINAL INCIDENT, INCLUDING BUT NOT LIMITED TO 911 TELEPHONE CALLS, LAW
 ENFORCEMENT  RADIO  TRANSMISSIONS,  AND  VIDEO  RECORDINGS  MADE  BY LAW
 ENFORCEMENT, INCLUDING BODY CAMERA FOOTAGE.
 § 240.30 AUTOMATIC DISCOVERY; REMEDIES OR SANCTIONS FOR NONCOMPLIANCE.

 A. 10135                            7
 
   1. AVAILABLE REMEDIES OR SANCTIONS. FOR FAILURE  TO  COMPLY  WITH  ANY
 DISCOVERY  OBLIGATION  ISSUED  OR  IMPOSED PURSUANT TO THIS ARTICLE, THE
 COURT SHALL MAKE A FURTHER ORDER FOR  DISCOVERY,  GRANT  A  CONTINUANCE,
 ORDER  THAT  A  HEARING  BE  REOPENED, ORDER THAT A WITNESS BE CALLED OR
 RECALLED,  INSTRUCT  THE  JURY  THAT  IT  MAY  DRAW AN ADVERSE INFERENCE
 REGARDING THE NONCOMPLIANCE, PRECLUDE OR STRIKE A WITNESS'S TESTIMONY OR
 A PORTION OF A WITNESS'S TESTIMONY, ADMIT OR EXCLUDE EVIDENCE,  ORDER  A
 MISTRIAL,  ORDER  THE  DISMISSAL  OF ALL OR SOME OF THE CHARGES, OR MAKE
 SUCH OTHER ORDER AS IT DEEMS JUST UNDER THE CIRCUMSTANCES;  EXCEPT  THAT
 ANY  SANCTION  AGAINST  THE DEFENDANT SHALL COMPORT WITH THE DEFENDANT'S
 CONSTITUTIONAL RIGHT TO PRESENT A DEFENSE, CONFRONT WITNESSES, AND PRES-
 ENT EVIDENCE RELEVANT TO  HIS  OR  HER  DEFENSE,  AND  THE  SANCTION  OF
 PRECLUDING  A  DEFENSE WITNESS FROM TESTIFYING SHALL BE PERMISSIBLE ONLY
 UPON A FINDING THAT THE DEFENDANT'S FAILURE TO COMPLY WITH THE DISCOVERY
 ORDER WAS WILLFUL AND MOTIVATED BY A DESIRE TO OBTAIN A TACTICAL  ADVAN-
 TAGE.
   2.  NEED  FOR  REMEDY  OR  SANCTION; LOST OR DESTROYED MATERIAL.  WHEN
 MATERIAL OR INFORMATION IS  DISCOVERABLE  UNDER  THIS  ARTICLE,  BUT  IT
 CANNOT  BE DISCLOSED BECAUSE IT HAS BEEN LOST OR DESTROYED, THE EVIDENCE
 SHALL BE DEEMED PRESUMPTIVELY FAVORABLE TO THE  DEFENDANT.    THE  COURT
 SHALL  IMPOSE AN APPROPRIATE REMEDY OR SANCTION WHENEVER THE PARTY ENTI-
 TLED TO DISCLOSURE SHOWS THAT THE LOST OR DESTROYED  MATERIAL  MAY  HAVE
 CONTAINED SOME INFORMATION RELEVANT TO A CONTESTED ISSUE.
   3.  NEED  FOR REMEDY OR SANCTION; BELATED DISCLOSURE. WHEN MATERIAL OR
 INFORMATION IS DISCOVERABLE UNDER THIS  ARTICLE,  BUT  IT  IS  DISCLOSED
 BELATEDLY,  THE  DEFENDANT  SHALL BE ENTITLED TO AN ADJOURNMENT OF UP TO
 THIRTY DAYS, OR FOR A REASONABLE PERIOD, WHICHEVER IS LONGER. WHEN THERE
 HAS BEEN BELATED DISCLOSURE, THE COURT SHALL IMPOSE AN APPROPRIATE REME-
 DY OR SANCTION WHENEVER THE PARTY ENTITLED TO DISCLOSURE SHOWS  THAT  IT
 WAS PREJUDICED.
 §  240.35  AUTOMATIC  DISCOVERY; DISCRETIONARY DISCOVERY BY ORDER OF THE
            COURT.
   THE COURT IN ITS DISCRETION MAY, UPON A SHOWING BY THE DEFENDANT  THAT
 THE REQUEST IS REASONABLE AND THAT THE DEFENDANT IS UNABLE WITHOUT UNDUE
 HARDSHIP  TO OBTAIN THE SUBSTANTIAL EQUIVALENT BY OTHER MEANS, ORDER THE
 PROSECUTION, OR ANY INDIVIDUAL, AGENCY OR OTHER ENTITY  SUBJECT  TO  THE
 JURISDICTION  OF  THE  COURT,  TO  MAKE  AVAILABLE FOR DISCLOSURE TO THE
 DEFENDANT ANY MATERIAL OR INFORMATION WHICH POTENTIALLY RELATES  TO  THE
 SUBJECT  MATTER  OF  THE  CASE  OR IS OTHERWISE RELEVANT. AN APPLICATION
 UNDER THIS SECTION MUST BE ON NOTICE TO ANY PERSON OR ENTITY AFFECTED BY
 THE ORDER. THE COURT MAY, UPON REQUEST OF ANY PERSON OR ENTITY  AFFECTED
 BY  THE  ORDER, VACATE OR MODIFY THE ORDER IF COMPLIANCE WOULD BE UNREA-
 SONABLE OR OPPRESSIVE. THE COURT MAY PERMIT A PARTY SEEKING OR  OPPOSING
 A  DISCRETIONARY  ORDER  OF  DISCOVERY  UNDER  THIS  SECTION, OR ANOTHER
 AFFECTED PERSON OR ENTITY, TO SUBMIT PAPERS OR TESTIFY EX  PARTE  OR  IN
 CAMERA.  ANY  SUCH  PAPERS  AND  A TRANSCRIPT OF SUCH TESTIMONY SHALL BE
 SEALED AND SHALL CONSTITUTE A PART OF THE RECORD ON APPEAL.
 § 240.40 AUTOMATIC DISCOVERY; ORDER TO GRANT ACCESS TO PREMISES.
   AT ANY TIME, THE DEFENDANT MAY MOVE FOR A COURT ORDER TO ANY  INDIVID-
 UAL, AGENCY OR OTHER ENTITY IN POSSESSION, CUSTODY OR CONTROL OF A CRIME
 SCENE  OR  OTHER PREMISES THAT RELATES TO THE SUBJECT MATTER OF THE CASE
 OR IS OTHERWISE RELEVANT, REQUIRING THAT COUNSEL FOR  THE  DEFENDANT  BE
 GRANTED  PROMPT  AND REASONABLE ACCESS TO INSPECT, PHOTOGRAPH OR MEASURE
 THAT CRIME SCENE OR THOSE PREMISES, AND THAT THE CONDITION OF THE  CRIME
 SCENE  OR PREMISES REMAIN UNCHANGED IN THE INTERIM. THE COURT SHALL HEAR
 AND RULE UPON SUCH MOTIONS EXPEDITIOUSLY. THE COURT MAY MODIFY OR VACATE

 A. 10135                            8
 
 SUCH AN ORDER UPON A SHOWING THAT GRANTING ACCESS TO A PARTICULAR  CRIME
 SCENE  OR  PREMISES  WILL CREATE SIGNIFICANT HARDSHIP, ON CONDITION THAT
 THE PROBATIVE VALUE OF THAT LOCATION IS PRESERVED BY A SPECIFIED  ALTER-
 NATIVE MEANS.
 § 240.45 AUTOMATIC DISCOVERY; CERTIFICATE OF COMPLIANCE.
   WHEN A PARTY HAS PROVIDED ALL DISCOVERY REQUIRED BY THIS SECTION OR BY
 COURT  ORDER,  IT SHALL FILE WITH THE COURT A CERTIFICATE OF COMPLIANCE.
 THE CERTIFICATE SHALL STATE THAT, TO THE BEST OF ITS KNOWLEDGE AND AFTER
 REASONABLE INQUIRY, DUE DILIGENCE, AND GOOD FAITH EFFORT, THE PARTY  HAS
 DISCLOSED  AND  MADE AVAILABLE ALL ITEMS SUBJECT TO DISCOVERY, AND SHALL
 IDENTIFY EACH ITEM PROVIDED. THE PROSECUTION SHALL NOT BE  DEEMED  READY
 FOR  TRIAL  FOR  PURPOSES  OF SECTION 30.30 OF THIS CHAPTER UNTIL IT HAS
 FILED A CERTIFICATE PURSUANT TO THIS SECTION. IF  FURTHER  DISCOVERY  IS
 SUBSEQUENTLY  PROVIDED,  A  SUPPLEMENTAL CERTIFICATE SHALL BE FILED WITH
 THE COURT IDENTIFYING THE ADDITIONAL ITEMS PROVIDED EXPLAINING  WHY  THE
 NEWLY  PROVIDED DISCOVERY WAS NOT PROVIDED PRIOR TO THE ORIGINAL CERTIF-
 ICATE OF COMPLIANCE.
 § 240.50 AUTOMATIC DISCOVERY; CONTINUING DUTY.
   IF EITHER THE PROSECUTION OR THE DEFENSE SUBSEQUENTLY LEARNS OF  ADDI-
 TIONAL  MATERIAL  THAT  IT  WOULD  HAVE BEEN UNDER A DUTY TO DISCLOSE OR
 PRODUCE PURSUANT TO ANY PROVISIONS OF THIS ARTICLE  AT  THE  TIME  OF  A
 PREVIOUS  DISCOVERY  OBLIGATION  OR ORDER, IT SHALL EXPEDITIOUSLY NOTIFY
 THE OTHER PARTY AND SHALL DISCLOSE THE MATERIAL IN THE  SAME  MANNER  AS
 REQUIRED FOR INITIAL DISCOVERY UNDER THIS ARTICLE, BUT NO LATER THAN THE
 NEXT SCHEDULED COURT APPEARANCE.
 § 240.55 AUTOMATIC DISCOVERY; WORK PRODUCT.
   THIS SECTION DOES NOT AUTHORIZE DISCOVERY BY A PARTY OF THOSE PORTIONS
 OF RECORDS, REPORTS, CORRESPONDENCE, MEMORANDA, OR INTERNAL DOCUMENTS OF
 THE  ADVERSE PARTY THAT ARE ONLY THE LEGAL RESEARCH, OPINIONS, THEORIES,
 OR CONCLUSIONS OF THE ADVERSE PARTY OR ITS ATTORNEY  OR  THE  ATTORNEY'S
 AGENTS,  OR  OF STATEMENTS OF A DEFENDANT, WRITTEN OR RECORDED OR SUMMA-
 RIZED IN ANY WRITING OR RECORDING, MADE TO THE ATTORNEY FOR THE  DEFEND-
 ANT OR THE ATTORNEY'S AGENTS.
 § 240.60 AUTOMATIC DISCOVERY; PROTECTIVE ORDERS.
   1.  STANDARD.  UPON  A  SHOWING  OF GOOD CAUSE BY CLEAR AND CONVINCING
 EVIDENCE THAT DISCLOSURE WOULD NEGATIVELY AFFECT THE SAFETY OR  SECURITY
 OF  A  KNOWN  PERSON  OR ENTITY AND THAT ANY LIMITATION OF DISCLOSURE IS
 NECESSARY TO PROTECT A KNOWN PERSON OR ENTITY, THE COURT MAY AT ANY TIME
 ORDER  THAT  THE  DISCOVERY,  DISCLOSURE,  OR  INSPECTION   BE   DENIED,
 RESTRICTED,  OR  DEFERRED,  OR  MAKE SUCH OTHER ORDER AS IS APPROPRIATE,
 UPON WRITTEN MOTION OF THE PARTY SEEKING THE PROTECTIVE ORDER. THE COURT
 MAY, FOR GOOD CAUSE SHOWN, GRANT DISCOVERY TO A DEFENDANT ON THE  CONDI-
 TION THAT THE MATERIAL TO BE DISCOVERED BE AVAILABLE ONLY TO COUNSEL FOR
 THE  DEFENDANT.  THIS  PROVISION  DOES  NOT  ALTER THE ALLOCATION OF THE
 BURDEN OF PROOF WITH REGARD TO THE MATTER AT ISSUE, INCLUDING PRIVILEGE.
   2. HEARING. UPON A REQUEST FOR SUCH AN ORDER, THE COURT SHALL  CONDUCT
 A  HEARING, EITHER EX PARTE WITH JUST A PROSECUTOR OR DEFENSE COUNSEL OR
 IN THE PRESENCE OF BOTH THE PROSECUTOR AND DEFENSE COUNSEL, WITHIN THREE
 BUSINESS DAYS TO DETERMINE WHETHER GOOD CAUSE HAS BEEN SHOWN. IF  THERE-
 AFTER  THE COURT ENTERS AN ORDER GRANTING RELIEF, THE MATERIAL SUBMITTED
 IN CAMERA MUST BE SEALED, ALONG WITH THE MINUTES TO THE  PROCEEDING  AND
 WRITTEN  MOTIONS,  AND SHALL BE PRESERVED IN THE RECORDS OF THE COURT TO
 BE MADE AVAILABLE TO THE APPELLATE COURT IN THE EVENT OF AN APPEAL.
 § 240.65 AUTOMATIC DISCOVERY; AMENDMENT OF DISCOVERY ORDERS.
   UPON MOTION OF EITHER PARTY MADE SUBSEQUENT TO AN ORDER OF  THE  COURT
 PURSUANT  TO  THIS  SECTION,  THE  COURT MAY ALTER OR AMEND THE PREVIOUS

 A. 10135                            9
 
 ORDER OR ORDERS AS THE INTERESTS OF JUSTICE MAY REQUIRE. THE COURT  MAY,
 FOR  GOOD  CAUSE  SHOWN,  AFFIRM  A  PRIOR ORDER GRANTING DISCOVERY TO A
 DEFENDANT UPON THE ADDITIONAL CONDITION THAT THE MATERIAL TO BE  DISCOV-
 ERED BE AVAILABLE ONLY TO COUNSEL FOR THE DEFENDANT.
 §  240.70 AUTOMATIC DISCOVERY; NON-TESTIMONIAL EVIDENCE FROM THE DEFEND-
            ANT.
   AFTER THE FILING OF AN ACCUSATORY INSTRUMENT, AND SUBJECT TO CONSTITU-
 TIONAL LIMITATIONS, THE COURT MAY, UPON MOTION OF THE PROSECUTION  SHOW-
 ING  PROBABLE  CAUSE TO BELIEVE THE DEFENDANT HAS COMMITTED THE CRIME, A
 CLEAR INDICATION THAT RELEVANT MATERIAL EVIDENCE WILL BE FOUND, AND THAT
 THE METHOD USED TO SECURE IT IS SAFE AND RELIABLE, REQUIRE  A  DEFENDANT
 TO PROVIDE NON-TESTIMONIAL EVIDENCE, INCLUDING TO:
   1. APPEAR IN A LINEUP;
   2. SPEAK FOR IDENTIFICATION BY A WITNESS OR POTENTIAL WITNESS;
   3. BE FINGERPRINTED;
   4. POSE FOR PHOTOGRAPHS NOT INVOLVING REENACTMENT OF AN EVENT;
   5.  PERMIT  THE  TAKING  OF SAMPLES OF THE DEFENDANT'S BLOOD, HAIR, OR
 OTHER MATERIALS OF THE DEFENDANT'S BODY THAT  INVOLVES  NO  UNREASONABLE
 INTRUSION THEREOF;
   6. PROVIDE SPECIMENS OF THE DEFENDANT'S HANDWRITING; OR
   7.  SUBMIT  TO  A  REASONABLE  PHYSICAL  OR  MEDICAL INSPECTION OF THE
 DEFENDANT'S BODY.
 § 240.75 AUTOMATIC DISCOVERY; ORDERS REGARDING DNA COMPARISONS.
   WHERE PROPERTY IN THE PROSECUTION'S POSSESSION,  CUSTODY,  OR  CONTROL
 THAT  CONSISTS  OF A DEOXYRIBONUCLEIC ACID ("DNA") PROFILE OBTAINED FROM
 PROBATIVE BIOLOGICAL MATERIAL GATHERED IN CONNECTION WITH  THE  INVESTI-
 GATION  OR  PROSECUTION  OF  THE DEFENDANT AND THE DEFENDANT ESTABLISHES
 THAT SUCH PROFILE COMPLIES WITH FEDERAL BUREAU OF INVESTIGATION OR STATE
 REQUIREMENTS, WHICHEVER ARE APPLICABLE  AND  AS  SUCH  REQUIREMENTS  ARE
 APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING A KEYBOARD SEARCH OR SIMILAR
 COMPARISON,  AND  THAT THE DATA MEETS STATE DNA INDEX SYSTEM OR NATIONAL
 DNA INDEX SYSTEM CRITERIA AS SUCH CRITERIA ARE APPLIED TO  LAW  ENFORCE-
 MENT  AGENCIES SEEKING SUCH A KEYBOARD SEARCH OR SIMILAR COMPARISON, THE
 COURT MAY ORDER AN ENTITY THAT HAS ACCESS  TO  THE  COMBINED  DNA  INDEX
 SYSTEM  OR  ITS SUCCESSOR SYSTEM TO COMPARE SUCH DNA PROFILE AGAINST DNA
 DATABANKS BY KEYBOARD SEARCHES,  OR  A  SIMILAR  METHOD  THAT  DOES  NOT
 INVOLVE  UPLOADING,  UPON NOTICE TO BOTH PARTIES AND THE ENTITY REQUIRED
 TO PERFORM THE SEARCH, UPON A SHOWING  BY  THE  DEFENDANT  THAT  SUCH  A
 COMPARISON  IS  MATERIAL  TO  THE PRESENTATION OF HIS OR HER DEFENSE AND
 THAT THE REQUEST IS  REASONABLE.  FOR  PURPOSES  OF  THIS  PARAGRAPH,  A
 "KEYBOARD SEARCH" SHALL MEAN A SEARCH OF A DNA PROFILE AGAINST THE DATA-
 BANK  IN  WHICH THE PROFILE THAT IS SEARCHED IS NOT UPLOADED TO OR MAIN-
 TAINED IN THE DATABANK.
   § 2. Subdivision 9 of section 65.20 of the criminal procedure law,  as
 added  by  chapter  505 of the laws of 1985 and as renumbered by chapter
 548 of the laws of 2007, is amended to read as follows:
   9. (a) Prior to the commencement of the hearing conducted pursuant  to
 subdivision  five  of this section, the district attorney shall, subject
 to a protective order, comply with the provisions of [subdivision one of
 section 240.45] ARTICLE TWO  HUNDRED  FORTY  of  this  chapter  as  they
 concern  any  witness  whom the district attorney intends to call at the
 hearing and the child witness.
   (b) Before a defendant calls a witness at  such  hearing,  he  or  she
 must,  subject  to  a  protective  order,  comply with the provisions of
 [subdivision two of section 240.45] ARTICLE TWO HUNDRED  FORTY  of  this

 A. 10135                           10
 
 chapter  as they concern all the witnesses the defendant intends to call
 at such hearing.
   § 3. Subdivision 5 of section 200.95 of the criminal procedure law, as
 added by chapter 558 of the laws of 1982, is amended to read as follows:
   5.  Court  ordered  bill of particulars. Where a prosecutor has timely
 served a written refusal pursuant to subdivision four  of  this  section
 and upon motion, made in writing, of a defendant, who has made a request
 for  a  bill of particulars and whose request has not been complied with
 in whole or in part, the court must, to the extent a protective order is
 not warranted, order the prosecutor to comply with the request if it  is
 satisfied that the items of factual information requested are authorized
 to  be  included  in a bill of particulars, and that such information is
 necessary to enable the defendant adequately to prepare or  conduct  his
 defense  and,  if  the request was untimely, a finding of good cause for
 the delay. Where a prosecutor has not timely served  a  written  refusal
 pursuant  to  subdivision four of this section the court must, unless it
 is satisfied that the people have shown good cause  why  such  an  order
 should  not be issued, issue an order requiring the prosecutor to comply
 or providing for any other [order]  REMEDY  OR  SANCTION  authorized  by
 [subdivision one of] section [240.70] 240.30 OF THIS PART.
   §  4.  Subdivision 14 of section 400.27 of the criminal procedure law,
 as added by chapter 1 of the  laws  of  1995,  is  amended  to  read  as
 follows:
   14.  (a)  At a reasonable time prior to the sentencing proceeding or a
 mental retardation hearing:
   (i) the prosecutor shall, unless previously disclosed and subject to a
 protective order, make available to the  defendant  the  statements  and
 information  specified  in  [subdivision one of section 240.45] SECTIONS
 240.10,  240.20  AND  240.25  OF  THIS  PART  and  make  available   for
 inspection,  photographing, copying or testing the property specified in
 [subdivision one of section 240.20] SUCH SECTIONS; and
   (ii) the defendant shall, unless previously disclosed and subject to a
 protective order, make available to the prosecution the  statements  and
 information  specified  in  subdivision  [two]  FOUR of section [240.45]
 240.10 OF THIS PART and make available  for  inspection,  photographing,
 copying  or testing, subject to constitutional limitations, the reports,
 documents and other property  specified  in  SUCH  subdivision  [one  of
 section 240.30].
   (b) Where a party refuses to make disclosure pursuant to this section,
 the provisions of [section 240.35, subdivision one of section 240.40 and
 section 240.50] SECTION 240.60 OF THIS PART shall apply.
   (c)  If,  after  complying  with  the provisions of this section or an
 order pursuant thereto, a party finds either before or during a sentenc-
 ing  proceeding  or  mental  retardation  hearing,  additional  material
 subject to discovery or covered by court order, the party shall promptly
 make  disclosure  or  apply  for  a protective order PURSUANT TO SECTION
 240.60 OF THIS PART.
   (d) If the court finds that a party has failed to comply with  any  of
 the  provisions of this section, the court may enter any of the [orders]
 REMEDIES OR SANCTIONS specified in [subdivision one of] section [240.70]
 270.30 OF THIS PART.
   § 5. The opening subparagraph of paragraph (b)  of  subdivision  1  of
 section  440.30 of the criminal procedure law, as added by chapter 19 of
 the laws of 2012, is amended to read as follows:
   In conjunction with the filing or consideration of a motion to  vacate
 a  judgment  pursuant  to  section 440.10 of this article by a defendant

 A. 10135                           11
 
 convicted after a trial, in cases where the court has ordered an eviden-
 tiary hearing upon such motion, the court  may  order  that  the  people
 produce or make available for inspection property, as defined [in subdi-
 vision  three  of  section 240.10 of this part] AS ANY EXISTING TANGIBLE
 PERSONAL OR  REAL  PROPERTY,  INCLUDING,  BUT  NOT  LIMITED  TO,  BOOKS,
 RECORDS,  REPORTS,  MEMORANDA, PAPERS, PHOTOGRAPHS, TAPES OR OTHER ELEC-
 TRONIC RECORDINGS, ARTICLES OF CLOTHING,  FINGERPRINTS,  BLOOD  SAMPLES,
 FINGERNAIL  SCRAPINGS OR HANDWRITING SPECIMENS, BUT EXCLUDING ATTORNEYS'
 WORK PRODUCT, in its possession, custody, or control that was secured in
 connection with the investigation or prosecution of the  defendant  upon
 credible  allegations  by  the defendant and a finding by the court that
 such property, if obtained, would be probative to the  determination  of
 THE  defendant's  actual  innocence, and that the request is reasonable.
 The court shall deny or limit such a request upon a finding that such  a
 request, if granted, would threaten the integrity or chain of custody of
 property  or the integrity of the processes or functions of a laboratory
 conducting DNA testing, pose a risk of  harm,  intimidation,  embarrass-
 ment,  reprisal,  or  other  substantially  negative consequences to any
 person, undermine the proper functions of law enforcement including  the
 confidentiality of informants, or on the basis of any other factor iden-
 tified  by  the  court in the interests of justice or public safety. The
 court shall further ensure that any property produced pursuant  to  this
 paragraph is subject to a protective order, where appropriate. The court
 shall deny any request made pursuant to this paragraph where:
   §  6.  Subdivision  10 of section 450.10 of the penal law, as added by
 chapter 795 of the laws of 1984, is amended to read as follows:
   10. Where there has been a failure to comply with  the  provisions  of
 this  section,  and  where the district attorney does not demonstrate to
 the satisfaction of the court that  such  failure  has  not  caused  the
 defendant  prejudice,  the  court  shall  instruct  the jury that it may
 consider such failure  in  determining  the  weight  to  be  given  such
 evidence and may also impose any other [sanction] REMEDY OR SANCTION set
 forth  in  [subdivision  one of] section [240.70] 240.30 of the criminal
 procedure  law;  provided,  however,  that  unless  the  defendant   has
 convinced  the  court  that such failure has caused him undue prejudice,
 the court shall not preclude the district attorney from introducing into
 evidence the property, photographs, photocopies, or other  reproductions
 of  the  property  or, where appropriate, testimony concerning its value
 and condition, where such evidence is otherwise  properly  authenticated
 and  admissible  under the rules of evidence. Failure to comply with any
 one or more of the provisions of this section shall not for that  reason
 alone be grounds for dismissal of the accusatory instrument.
   §  7.  Subdivision  5  of section 480.10 of the penal law, as added by
 chapter 655 of the laws of 1990, is amended to read as follows:
   5. In addition to information required to  be  disclosed  pursuant  to
 article two hundred forty of the criminal procedure law, when forfeiture
 is  sought  pursuant  to  this  article,  and  following the defendant's
 arraignment on the special forfeiture information, the court shall order
 discovery of any information not otherwise disclosed which  is  material
 and  reasonably  necessary for preparation by the defendant with respect
 to a forfeiture proceeding brought pursuant to this article. Such  mate-
 rial  shall  include  those  portions of the grand jury minutes and such
 other information which pertain solely to the special forfeiture  infor-
 mation  and shall not include information which pertains to the criminal
 charges. Upon application of the  prosecutor,  the  court  may  issue  a
 protective  order  pursuant  to  section [240.40] 240.60 of the criminal

 A. 10135                           12
 
 procedure law with respect to any information required to  be  disclosed
 pursuant to this subdivision.
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to all arraignments commencing  on  or
 after  such  effective  date;  provided, however, that the amendments to
 subdivision 9 of section 65.20 of the criminal  procedure  law  made  by
 section  two of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.