S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8085
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT to amend the family court act and the judiciary law, in relation
   to  the  discovery  provisions  applicable  to  juvenile   delinquency
   proceedings  in  family court; and to repeal certain provisions of the
   family court act relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 331.1, 331.2, 331.3, 331.4, 331.5, 331.6 and 331.7
 of the family court act are REPEALED.
   §  2.  The family court act is amended by adding thirteen new sections
 331.1, 331.2, 331.3, 331.4, 331.5, 331.6, 331.7, 331.8,  331.9,  331.10,
 331.11, 331.12 and 331.13 to read as follows:
   §  331.1.  INITIAL  APPEARANCE.  1.  DISCLOSURE.  AT  THE RESPONDENT'S
 INITIAL APPEARANCE, AS DEFINED IN SECTION 320.1  OF  THIS  ARTICLE,  THE
 PRESENTMENT AGENCY SHALL DISCLOSE TO THE RESPONDENT:
   (A)  ANY  POLICE  OR  OTHER LAW ENFORCEMENT AGENCY REPORTS AND WRITTEN
 WITNESS STATEMENTS  RELATING  TO  THE  JUVENILE  DELINQUENCY  PROCEEDING
 AGAINST   THE  RESPONDENT  THAT  ARE  WITHIN  THE  PRESENTMENT  AGENCY'S
 POSSESSION AT THAT TIME;
   (B)  ELECTRONIC  RECORDINGS  RELATING  TO  THE  JUVENILE   DELINQUENCY
 PROCEEDING  AGAINST THE RESPONDENT THAT ARE WITHIN THE PRESENTMENT AGEN-
 CY'S POSSESSION AT THAT TIME, IN ACCORDANCE WITH PARAGRAPH (G) OF SUBDI-
 VISION ONE OF SECTION 331.3 OF THIS PART; AND
   (C) EXCULPATORY INFORMATION KNOWN TO THE PRESENTMENT  AGENCY  AT  THAT
 TIME.
   2. COPY OF RECORDS. IF IN THE EXERCISE OF REASONABLE DILIGENCE AND DUE
 TO  THE  LIMITED  AVAILABILITY  OF  RESOURCES FOR DOWNLOADING OR COPYING
 RECORDINGS, A COPY OF AN ELECTRONIC RECORDING  DISCOVERABLE  UNDER  THIS
 SECTION  IS  UNAVAILABLE AT THE INITIAL APPEARANCE, A COPY SHALL BE MADE
 AND DISCLOSED TO THE RESPONDENT AS SOON AS  PRACTICABLE  BUT  NOT  LATER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11961-01-9

 A. 8085                             2
 
 THAN FIVE CALENDAR DAYS AFTER THE INITIAL APPEARANCE, PROVIDED, HOWEVER,
 THAT  IF  THE RESPONDENT IS IN DETENTION, A COPY SHALL BE MADE NOT LATER
 THAN THREE DAYS AFTER THE INITIAL APPEARANCE.    PORTIONS  OF  MATERIALS
 UNDER  THIS SECTION CLAIMED TO BE NON-DISCOVERABLE MAY BE WITHHELD PEND-
 ING A PROMPT REQUEST BY THE PRESENTMENT AGENCY FOR A  DETERMINATION  AND
 RULING OF THE COURT UNDER SECTION 331.11 OF THIS PART; BUT THE DISCOVER-
 ABLE PORTIONS OF SUCH MATERIALS SHALL BE DISCLOSED TO THE EXTENT PRACTI-
 CABLE.
   §  331.2.  TIMING  OF  DISCOVERY  AFTER  THE  INITIAL  APPEARANCE.  1.
 PRESENTMENT AGENCY'S PERFORMANCE OF  OBLIGATIONS.  (A)  THE  PRESENTMENT
 AGENCY SHALL PERFORM ITS INITIAL DISCOVERY OBLIGATIONS UNDER SUBDIVISION
 ONE  OF  SECTION 331.3 OF THIS PART AS SOON AS PRACTICABLE BUT NOT LATER
 THAN FIFTEEN CALENDAR DAYS AFTER THE RESPONDENT'S INITIAL APPEARANCE  OR
 NOT  LATER  THAN  THREE  DAYS  PRIOR TO THE FIRST SCHEDULED FACT-FINDING
 HEARING DATE, WHICHEVER IS EARLIER. PORTIONS OF MATERIALS CLAIMED TO  BE
 NON-DISCOVERABLE  MAY  BE WITHHELD PENDING A DETERMINATION AND RULING OF
 THE COURT UNDER SECTION 331.11 OF THIS PART; BUT THE RESPONDENT SHALL BE
 NOTIFIED IN WRITING THAT INFORMATION HAS  NOT  BEEN  DISCLOSED  UNDER  A
 PARTICULAR SUBDIVISION OF THIS SECTION, AND THE DISCOVERABLE PORTIONS OF
 SUCH  MATERIALS  SHALL  BE DISCLOSED TO THE EXTENT PRACTICABLE. WHEN THE
 DISCOVERABLE MATERIALS ARE EXCEPTIONALLY VOLUMINOUS, THE TIME PERIODS IN
 THIS PARAGRAPH MAY BE STAYED BY UP TO AN ADDITIONAL  TEN  CALENDAR  DAYS
 OR,  IF  THE  RESPONDENT  IS IN DETENTION, UP TO AN ADDITIONAL PERIOD OF
 THREE DAYS WITHOUT NEED FOR A MOTION  PURSUANT  TO  SUBDIVISION  TWO  OF
 SECTION 331.11 OF THIS PART.
   (B)  THE  PRESENTMENT  AGENCY SHALL PERFORM ITS SUPPLEMENTAL DISCOVERY
 OBLIGATIONS UNDER SUBDIVISION THREE OF SECTION 331.3  OF  THIS  PART  AS
 SOON  AS  PRACTICABLE  BUT NOT LATER THAN FIFTEEN CALENDAR DAYS PRIOR TO
 THE FIRST SCHEDULED FACT-FINDING HEARING DATE, UNLESS THE RESPONDENT  IS
 IN  DETENTION,  IN  WHICH  CASE THE PRESENTMENT AGENCY SHALL FULFILL ITS
 SUPPLEMENTAL DISCOVERY OBLIGATIONS NOT LATER THAN THREE  DAYS  PRIOR  TO
 THE FIRST SCHEDULED FACT-FINDING HEARING DATE.
   2.  RESPONDENT'S  PERFORMANCE  OF  OBLIGATIONS.  THE  RESPONDENT SHALL
 PERFORM HIS OR HER  DISCOVERY  OBLIGATIONS  UNDER  SUBDIVISION  FOUR  OF
 SECTION  331.3  OF  THIS  PART  NOT LATER THAN TWENTY-FIVE CALENDAR DAYS
 AFTER BEING SERVED WITH THE PRESENTMENT AGENCY'S CERTIFICATE OF  COMPLI-
 ANCE  PURSUANT  TO  SUBDIVISION TWO OF SECTION 331.6 OF THIS PART OR NOT
 LATER THAN THREE DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING  HEARING
 DATE, WHICHEVER IS EARLIER. PORTIONS OF MATERIALS CLAIMED TO BE NON-DIS-
 COVERABLE  MAY  BE  WITHHELD  PENDING  A DETERMINATION AND RULING OF THE
 COURT UNDER SECTION 331.11 OF THIS  PART;  BUT  THE  PRESENTMENT  AGENCY
 SHALL  BE  NOTIFIED  IN  WRITING THAT INFORMATION HAS NOT BEEN DISCLOSED
 UNDER A PARTICULAR SECTION.
   3. TIMING ADJUSTMENT. THE TIME PERIODS IN THIS SECTION MAY BE ADJUSTED
 BY THE COURT UPON A FINDING OF GOOD CAUSE BASED UPON THE  NEEDS  OF  THE
 CASE, THE DETENTION STATUS OF THE RESPONDENT AND THE NEED FOR A FAIR AND
 EXPEDITIOUS RESOLUTION OF THE PROCEEDING.
   § 331.3. AUTOMATIC DISCOVERY. 1. INITIAL DISCOVERY FOR THE RESPONDENT.
 THE  PRESENTMENT AGENCY SHALL DISCLOSE TO THE RESPONDENT, AND PERMIT THE
 RESPONDENT TO DISCOVER, INSPECT, COPY, PHOTOGRAPH AND  TEST,  ALL  ITEMS
 AND INFORMATION THAT RELATE TO THE SUBJECT MATTER OF THE CASE AND ARE IN
 THE  POSSESSION, CUSTODY OR CONTROL OF THE PRESENTMENT AGENCY OR PERSONS
 UNDER THE PRESENTMENT AGENCY'S DIRECTION OR CONTROL, INCLUDING  BUT  NOT
 LIMITED TO:
   (A)  ALL WRITTEN OR RECORDED STATEMENTS, AND THE SUBSTANCE OF ALL ORAL
 STATEMENTS, MADE BY THE RESPONDENT OR A CO-RESPONDENT TO A PUBLIC  SERV-

 A. 8085                             3
 
 ANT ENGAGED IN LAW ENFORCEMENT ACTIVITY OR TO A PERSON THEN ACTING UNDER
 HIS OR HER DIRECTION OR IN COOPERATION WITH HIM OR HER.
   (B)  ALL  TRANSCRIPTS  OF  THE TESTIMONY OF A PERSON WHO HAS TESTIFIED
 BEFORE A GRAND JURY IN A RELATED CRIMINAL PROCEEDING, INCLUDING BUT  NOT
 LIMITED  TO  THE  RESPONDENT  OR A CO-RESPONDENT. THE PRESENTMENT AGENCY
 SHALL REQUEST THAT THE PROSECUTOR OF THE MATTER BEFORE  THE  GRAND  JURY
 PROVIDE  A TRANSCRIPT OF THE TESTIMONY AND, UPON RECEIPT OF THE REQUEST,
 THE PROSECUTOR SHALL PROMPTLY APPLY TO THE APPROPRIATE  CRIMINAL  COURT,
 WITH  WRITTEN NOTICE TO THE PRESENTMENT AGENCY AND THE RESPONDENT, FOR A
 WRITTEN ORDER PURSUANT TO SECTION THREE HUNDRED TWENTY-FIVE OF THE JUDI-
 CIARY LAW RELEASING A TRANSCRIPT TO THE  PRESENTMENT  AGENCY;  PROVIDED,
 HOWEVER,  THAT  THE  TRANSCRIPTS OF THE GRAND JURY PROCEEDINGS IN A CASE
 REMOVED FROM THE YOUTH PART PURSUANT TO ARTICLE  SEVEN  HUNDRED  TWENTY-
 FIVE  OF  THE CRIMINAL PROCEDURE LAW SHALL BE ANNEXED TO THE PETITION OR
 TRANSFERRED TO THE FAMILY COURT IN ACCORDANCE WITH SUBDIVISION SEVEN  OF
 SECTION  311.1  OF  THIS ARTICLE. IF IN THE EXERCISE OF REASONABLE DILI-
 GENCE, AND DUE TO THE LIMITED AVAILABILITY OF TRANSCRIPTION RESOURCES, A
 TRANSCRIPT IS UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME  PERIOD  SPECI-
 FIED  IN SUBDIVISION ONE OF SECTION 331.2 OF THIS PART, SUCH TIME PERIOD
 MAY BE STAYED BY UP TO AN ADDITIONAL FIFTEEN CALENDAR DAYS  OR,  IF  THE
 RESPONDENT  IS IN DETENTION, AN ADDITIONAL PERIOD OF THREE DAYS, WITHOUT
 NEED FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 331.11 OF  THIS
 PART;  PROVIDED,  HOWEVER, THAT SUCH DISCLOSURE SHALL BE MADE AS SOON AS
 PRACTICABLE AND NOT LATER THAN FIFTEEN CALENDAR DAYS PRIOR TO THE  FIRST
 SCHEDULED  FACT-FINDING  HEARING  DATE,  UNLESS  THE  RESPONDENT  IS  IN
 DETENTION, IN WHICH CASE SUCH DISCLOSURE SHALL BE MADE  NOT  LATER  THAN
 THREE  DAYS  PRIOR  TO  THE  FIRST  SCHEDULED FACT-FINDING HEARING DATE,
 UNLESS AN ORDER IS OBTAINED PURSUANT TO SECTION  331.11  OF  THIS  PART.
 WHEN  THE  COURT  IS  REQUIRED  TO  REVIEW  GRAND  JURY TRANSCRIPTS, THE
 PRESENTMENT AGENCY SHALL DISCLOSE SUCH TRANSCRIPTS TO  THE  COURT  EXPE-
 DITIOUSLY  UPON  RECEIPT  BY  SUCH AGENCY, NOTWITHSTANDING THE OTHERWISE
 APPLICABLE TIME PERIODS FOR DISCLOSURE IN THIS PART.
   (C) THE NAMES OF, AND ADEQUATE ALTERNATIVE  CONTACT  INFORMATION  FOR,
 ALL  PERSONS  OTHER  THAN LAW ENFORCEMENT PERSONNEL WHOM THE PRESENTMENT
 AGENCY KNOWS TO HAVE EVIDENCE OR INFORMATION  RELEVANT  TO  ANY  ACT  OF
 JUVENILE  DELINQUENCY  CHARGED  OR  TO  ANY  POTENTIAL  DEFENSE THERETO,
 INCLUDING A DESIGNATION BY THE PRESENTMENT AGENCY 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 RESIDENCE. INFORMATION UNDER THIS  SUBDIVISION  RELATING  TO  A
 CONFIDENTIAL  INFORMANT  MAY  BE  WITHHELD,  AND REDACTED FROM DISCOVERY
 MATERIALS, WITHOUT NEED FOR A MOTION PURSUANT TO SECTION 331.11 OF  THIS
 PART;  BUT THE PRESENTMENT AGENCY SHALL NOTIFY THE RESPONDENT IN WRITING
 THAT SUCH INFORMATION HAS NOT BEEN DISCLOSED,  UNLESS  THE  COURT  RULES
 OTHERWISE FOR GOOD CAUSE SHOWN.
   (D)  THE  NAME  AND  WORK AFFILIATION OF ALL LAW ENFORCEMENT PERSONNEL
 WHOM THE PRESENTMENT AGENCY KNOWS TO HAVE EVIDENCE OR INFORMATION  RELE-
 VANT TO ANY OFFENSE CHARGED OR TO ANY POTENTIAL DEFENSE THERETO, INCLUD-
 ING A DESIGNATION BY THE PRESENTMENT AGENCY AS TO WHICH OF THOSE PERSONS
 MAY  BE CALLED AS WITNESSES. INFORMATION UNDER THIS SUBDIVISION RELATING
 TO UNDERCOVER PERSONNEL MAY BE WITHHELD,  AND  REDACTED  FROM  DISCOVERY
 MATERIALS,  WITHOUT NEED FOR A MOTION PURSUANT TO SECTION 331.11 OF THIS
 PART; BUT THE PRESENTMENT AGENCY SHALL NOTIFY THE RESPONDENT IN  WRITING
 THAT  SUCH  INFORMATION  HAS  NOT BEEN DISCLOSED, UNLESS THE COURT RULES
 OTHERWISE FOR GOOD CAUSE SHOWN.

 A. 8085                             4
 
   (E) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
 OR  RECORDING, MADE BY PERSONS WHO HAVE EVIDENCE OR INFORMATION RELEVANT
 TO ANY OFFENSE CHARGED OR TO ANY POTENTIAL  DEFENSE  THERETO,  INCLUDING
 ALL  POLICE  REPORTS,  NOTES  OF POLICE AND OTHER INVESTIGATORS, AND LAW
 ENFORCEMENT  AGENCY  REPORTS.  THIS  PROVISION ALSO INCLUDES STATEMENTS,
 WRITTEN OR RECORDED OR  SUMMARIZED  IN  ANY  WRITING  OR  RECORDING,  BY
 PERSONS TO BE CALLED AS WITNESSES AT PRE-FACT-FINDING HEARINGS.
   (F)  EXPERT  OPINION  EVIDENCE,  INCLUDING THE NAME, BUSINESS ADDRESS,
 CURRENT CURRICULUM VITAE, A LIST OF PUBLICATIONS,  AND  ALL  PROFICIENCY
 TESTS  AND  RESULTS  ADMINISTERED  OR TAKEN IN THE CURRENT EMPLOYMENT OR
 WITHIN THE PAST TEN YEARS, WHICHEVER IS LONGER, OF EACH  EXPERT  WITNESS
 WHOM  THE  PRESENTMENT  AGENCY INTENDS TO CALL AS A WITNESS AT THE FACT-
 FINDING HEARING OR AT  A  PRE-TRIAL  MOTION  HEARING,  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. IF IN THE EXERCISE OF REASONABLE DILIGENCE THIS INFORMATION  IS
 UNAVAILABLE  FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVI-
 SION ONE OF SECTION 331.2 OF THIS PART,  THAT  PERIOD  SHALL  BE  STAYED
 WITHOUT  NEED FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 331.11
 OF THIS PART; EXCEPT  THAT  THE  PRESENTMENT  AGENCY  SHALL  NOTIFY  THE
 RESPONDENT  IN WRITING THAT SUCH INFORMATION HAS NOT BEEN DISCLOSED, AND
 SUCH DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER  THAN
 FIFTEEN  CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING HEARING
 DATE, OR, IF THE RESPONDENT IS IN DETENTION, NOT LATER THAN  THREE  DAYS
 PRIOR  TO THE FIRST SCHEDULED FACT-FINDING HEARING DATE, UNLESS AN ORDER
 IS OBTAINED PURSUANT TO SECTION 331.11 OF THIS PART. WHEN  THE  PRESENT-
 MENT  AGENCY'S  EXPERT WITNESS IS BEING CALLED IN RESPONSE TO DISCLOSURE
 OF AN EXPERT WITNESS BY THE RESPONDENT, THE COURT SHALL ALTER  A  SCHED-
 ULED  FACT-FINDING  HEARING DATE, IF NECESSARY, TO ALLOW THE PRESENTMENT
 AGENCY FIFTEEN CALENDAR DAYS TO MAKE THE DISCLOSURE AND  THE  RESPONDENT
 FIFTEEN  CALENDAR  DAYS  TO  PREPARE  AND  RESPOND TO THE NEW MATERIALS,
 UNLESS THE RESPONDENT IS IN DETENTION, IN WHICH CASE THE COURT MAY ALTER
 THE SCHEDULED FACT-FINDING HEARING DATE,  IF  NECESSARY,  TO  ALLOW  THE
 PRESENTMENT  AGENCY  AN ADDITIONAL THREE DAYS TO MAKE THE DISCLOSURE AND
 THE RESPONDENT THREE DAYS TO PREPARE AND RESPOND TO THE NEW MATERIALS.
   (G) ALL TAPES OR OTHER ELECTRONIC RECORDINGS, INCLUDING ALL ELECTRONIC
 RECORDINGS OF 911 TELEPHONE CALLS MADE OR RECEIVED  IN  CONNECTION  WITH
 THE  ALLEGED  INCIDENT OF JUVENILE DELINQUENCY, AND A DESIGNATION BY THE
 PRESENTMENT AGENCY AS TO WHICH OF THE RECORDINGS  UNDER  THIS  PARAGRAPH
 THE PRESENTMENT AGENCY INTENDS TO INTRODUCE AT FACT-FINDING HEARING OR A
 PRE-TRIAL MOTION HEARING. IF THE DISCOVERABLE MATERIALS UNDER THIS PARA-
 GRAPH  EXCEED  TEN  HOURS  IN  TOTAL  LENGTH, THE PRESENTMENT AGENCY MAY
 DISCLOSE ONLY THE RECORDINGS THAT IT INTENDS TO INTRODUCE AT  FACT-FIND-
 ING  HEARING  OR  A  PRE-FACT-FINDING  HEARING, ALONG WITH A LIST OF THE
 SOURCE AND APPROXIMATE QUANTITY OF OTHER RECORDINGS  AND  THEIR  GENERAL
 SUBJECT  MATTER  IF  KNOWN, AND THE RESPONDENT SHALL HAVE THE RIGHT UPON
 REQUEST TO OBTAIN RECORDINGS NOT PREVIOUSLY DISCLOSED.  THE  PRESENTMENT
 AGENCY SHALL DISCLOSE THE REQUESTED MATERIALS AS SOON AS PRACTICABLE AND
 NOT  LESS THAN FIFTEEN CALENDAR DAYS AFTER THE RESPONDENT'S REQUEST, OR,
 IF THE RESPONDENT IS IN DETENTION, NOT LESS THAN THREE  DAYS  AFTER  THE
 RESPONDENT'S  REQUEST,  UNLESS  AN ORDER IS OBTAINED PURSUANT TO SECTION
 331.11 OF THIS PART.
   (H) ALL PHOTOGRAPHS AND DRAWINGS MADE OR COMPLETED BY A PUBLIC SERVANT
 ENGAGED IN LAW ENFORCEMENT ACTIVITY, OR WHICH WERE MADE BY A PERSON WHOM
 THE PRESENTMENT AGENCY INTENDS TO CALL AS A WITNESS AT FACT-FINDING OR A

 A. 8085                             5

 PRE-TRIAL MOTION HEARING OR WHICH RELATE TO THE SUBJECT  MATTER  OF  THE
 PROCEEDING.
   (I)  ALL  PHOTOGRAPHS, PHOTOCOPIES AND REPRODUCTIONS MADE BY OR AT THE
 DIRECTION OF LAW ENFORCEMENT PERSONNEL OF  ANY  PROPERTY  PRIOR  TO  ITS
 RELEASE.
   (J)  ALL  REPORTS, DOCUMENTS, RECORDS, DATA, CALCULATIONS OR WRITINGS,
 INCLUDING BUT NOT LIMITED TO PRELIMINARY TESTS AND SCREENING RESULTS AND
 BENCH NOTES AND ANALYSES PERFORMED OR STORED ELECTRONICALLY,  CONCERNING
 PHYSICAL  OR  MENTAL EXAMINATIONS, OR SCIENTIFIC TESTS OR EXPERIMENTS OR
 COMPARISONS, RELATING TO THE JUVENILE DELINQUENCY PROCEEDING WHICH  WERE
 MADE  BY  OR  AT THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN
 LAW ENFORCEMENT ACTIVITY, OR WHICH  WERE  MADE  BY  A  PERSON  WHOM  THE
 PRESENTMENT  AGENCY  INTENDS  TO  CALL AS A WITNESS AT FACT-FINDING OR A
 PRE-TRIAL MOTION HEARING, OR WHICH THE  PRESENTMENT  AGENCY  INTENDS  TO
 INTRODUCE  AT  FACT-FINDING  OR A PRE-TRIAL MOTION HEARING.  INFORMATION
 UNDER THIS PARAGRAPH ALSO INCLUDES, BUT IS NOT  LIMITED  TO,  LABORATORY
 INFORMATION  MANAGEMENT  SYSTEM  RECORDS RELATING TO SUCH MATERIALS, ANY
 PRELIMINARY OR FINAL FINDINGS  OF  NON-CONFORMANCE  WITH  ACCREDITATION,
 INDUSTRY  OR  GOVERNMENTAL  STANDARDS  OR  LABORATORY PROTOCOLS, AND ANY
 CONFLICTING ANALYSES OR RESULTS BY LABORATORY  PERSONNEL  REGARDLESS  OF
 THE  LABORATORY'S  FINAL  ANALYSIS OR RESULTS. IF THE PRESENTMENT AGENCY
 SUBMITTED ONE OR MORE ITEMS FOR TESTING TO, OR RECEIVED RESULTS FROM,  A
 FORENSIC  SCIENCE LABORATORY OR SIMILAR ENTITY NOT UNDER THE PRESENTMENT
 AGENCY'S DIRECTION OR CONTROL, THE COURT ON  MOTION  OF  A  PARTY  SHALL
 ISSUE  SUBPOENAS OR ORDERS TO SUCH LABORATORY OR ENTITY TO CAUSE MATERI-
 ALS UNDER THIS PARAGRAPH TO BE MADE AVAILABLE FOR DISCLOSURE.
   (K) ALL EVIDENCE AND INFORMATION, INCLUDING THAT  WHICH  IS  KNOWN  TO
 POLICE  OR  OTHER  LAW  ENFORCEMENT  AGENCIES ACTING ON THE GOVERNMENT'S
 BEHALF IN THE CASE, THAT TENDS TO: (I) NEGATE THE RESPONDENT'S GUILT  AS
 TO  A  CHARGED ACT OF JUVENILE DELINQUENCY; (II) REDUCE THE DEGREE OF OR
 MITIGATE THE RESPONDENT'S CULPABILITY AS TO A CHARGED  ACT  OF  JUVENILE
 DELINQUENCY; (III) SUPPORT A POTENTIAL DEFENSE TO A CHARGED ACT OF JUVE-
 NILE  DELINQUENCY; (IV) IMPEACH THE CREDIBILITY OF A TESTIFYING PRESENT-
 MENT AGENCY WITNESS; (V) UNDERMINE EVIDENCE OF THE RESPONDENT'S IDENTITY
 AS A PERPETRATOR OF A CHARGED ACT OF JUVENILE DELINQUENCY; (VI)  PROVIDE
 A  BASIS  FOR  A  MOTION  TO  SUPPRESS  EVIDENCE;  OR (VII) MITIGATE THE
 RESTRICTIVENESS OF THE DISPOSITION. INFORMATION UNDER  THIS  SUBDIVISION
 SHALL BE DISCLOSED WHETHER OR NOT SUCH INFORMATION IS RECORDED IN TANGI-
 BLE  FORM AND IRRESPECTIVE OF WHETHER THE PRESENTMENT AGENCY CREDITS THE
 INFORMATION. THE PRESENTMENT AGENCY SHALL DISCLOSE THE INFORMATION EXPE-
 DITIOUSLY UPON ITS RECEIPT AND SHALL  NOT  DELAY  DISCLOSURE  IF  IT  IS
 OBTAINED  EARLIER THAN THE TIME PERIOD FOR DISCLOSURE IN SUBDIVISION ONE
 OF SECTION 331.2 OF THIS PART.
   (L) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO, OR  IN
 FAVOR  OF,  PERSONS  WHO MAY BE CALLED AS WITNESSES, AS WELL AS REQUESTS
 FOR CONSIDERATION BY PERSONS WHO MAY BE CALLED AS WITNESSES  AND  COPIES
 OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT.
   (M)  A  LIST  OF  ALL  TANGIBLE  OBJECTS  OBTAINED  FROM, OR ALLEGEDLY
 POSSESSED BY, THE RESPONDENT OR A CO-RESPONDENT. THE LIST SHALL  INCLUDE
 A  DESIGNATION  BY THE PRESENTMENT AGENCY AS TO WHICH OBJECTS WERE PHYS-
 ICALLY OR CONSTRUCTIVELY POSSESSED BY THE RESPONDENT AND WERE  RECOVERED
 DURING  A SEARCH OR SEIZURE BY A PUBLIC SERVANT OR AN AGENT THEREOF, AND
 WHICH TANGIBLE OBJECTS WERE RECOVERED BY A PUBLIC SERVANT  OR  AN  AGENT
 THEREOF  AFTER  ALLEGEDLY  BEING  ABANDONED  BY  THE  RESPONDENT. IF THE
 PRESENTMENT AGENCY INTENDS TO PROVE THE RESPONDENT'S POSSESSION  OF  ANY
 TANGIBLE  OBJECTS  BY MEANS OF A STATUTORY PRESUMPTION OF POSSESSION, IT

 A. 8085                             6
 
 SHALL DESIGNATE SUCH INTENTION AS TO EACH  SUCH  OBJECT.  IF  REASONABLY
 PRACTICABLE,  THE  PRESENTMENT  AGENCY SHALL ALSO DESIGNATE THE LOCATION
 FROM WHICH EACH TANGIBLE OBJECT WAS RECOVERED. THERE IS ALSO A RIGHT  TO
 INSPECT, COPY, PHOTOGRAPH AND TEST THE LISTED TANGIBLE OBJECTS.
   (N)  WHETHER  A  SEARCH  WARRANT  HAS  BEEN EXECUTED AND ALL DOCUMENTS
 RELATING THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANT, THE  WARRANT
 APPLICATION,  SUPPORTING  AFFIDAVITS, A POLICE INVENTORY OF ALL PROPERTY
 SEIZED UNDER THE WARRANT, AND A TRANSCRIPT OF  ALL  TESTIMONY  OR  OTHER
 ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT APPLICATION.
   (O)  ALL  TANGIBLE  PROPERTY THAT RELATES TO THE SUBJECT MATTER OF THE
 CASE, ALONG WITH A DESIGNATION OF WHICH  ITEMS  THE  PRESENTMENT  AGENCY
 INTENDS  TO INTRODUCE IN ITS CASE-IN-CHIEF AT FACT-FINDING HEARING OR AT
 A PRE-TRIAL MOTION HEARING. IF IN THE EXERCISE OF  REASONABLE  DILIGENCE
 THE PRESENTMENT AGENCY HAS NOT FORMED AN INTENTION WITHIN THE TIME PERI-
 OD  SPECIFIED  IN  SUBDIVISION ONE OF SECTION 331.2 OF THIS PART THAT AN
 ITEM UNDER THIS SUBDIVISION WILL BE INTRODUCED AT  FACT-FINDING  HEARING
 OR  AT  A  PRE-TRIAL MOTION HEARING, THE PRESENTMENT AGENCY SHALL NOTIFY
 THE RESPONDENT IN WRITING, AND THE TIME PERIOD  IN  WHICH  TO  DESIGNATE
 ITEMS  AS EXHIBITS SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO
 SUBDIVISION TWO OF SECTION 331.11 OF THIS PART; BUT THE DISCLOSURE SHALL
 BE MADE AS SOON AS PRACTICABLE, PROVIDED, HOWEVER, THAT IF THE  RESPOND-
 ENT  IS  IN DETENTION, SUCH DISCLOSURE SHALL BE MADE NO LATER THAN THREE
 DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING HEARING DATE. ALL PROPER-
 TY UNDER THIS SUBDIVISION IS SUBJECT TO THE CONTINUING DUTY TO  DISCLOSE
 PURSUANT TO SECTION 331.9 OF THIS PART.
   (P) THE RESULTS OF COMPLETE CHECKS OF JUVENILE DELINQUENCY FINGERPRINT
 RECORDS  OR  CRIMINAL  HISTORY  RECORDS,  AS  APPLICABLE, AS WELL AS ANY
 HISTORY OF JUVENILE DELINQUENCY ADJUDICATIONS KNOWN TO  THE  PRESENTMENT
 AGENCY AND NOT SEALED, FOR ALL RESPONDENTS AND ALL PERSONS DESIGNATED AS
 POTENTIAL PRESENTMENT AGENCY WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS
 SUBDIVISION, OTHER THAN THOSE WITNESSES WHO ARE EXPERTS.
   (Q)  WHEN  IT IS KNOWN TO THE PRESENTMENT AGENCY, THE EXISTENCE OF ANY
 PENDING CRIMINAL ACTION AGAINST  ALL  PERSONS  DESIGNATED  AS  POTENTIAL
 PRESENTMENT  AGENCY WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVI-
 SION.
   (R) THE APPROXIMATE DATE, TIME AND PLACE OF THE  OFFENSE  OR  OFFENSES
 CHARGED AND OF THE RESPONDENT'S SEIZURE AND ARREST.
   (S) IN ANY JUVENILE DELINQUENCY PROCEEDING ALLEGING A VIOLATION OF THE
 VEHICLE  AND  TRAFFIC  LAW,  ALL  RECORDS OF CALIBRATION, CERTIFICATION,
 INSPECTION, REPAIR OR MAINTENANCE OF MACHINES AND  INSTRUMENTS  UTILIZED
 TO  PERFORM  ANY  SCIENTIFIC  TESTS  AND  EXPERIMENTS, INCLUDING BUT NOT
 LIMITED TO ANY TEST OF A PERSON'S BREATH, BLOOD, URINE  OR  SALIVA,  FOR
 THE  PERIOD  OF  SIX  MONTHS  PRIOR  AND  SIX MONTHS AFTER SUCH TEST WAS
 CONDUCTED, INCLUDING THE RECORDS OF GAS CHROMATOGRAPHY  RELATED  TO  THE
 CERTIFICATION  OF  ALL REFERENCE STANDARDS AND THE CERTIFICATION CERTIF-
 ICATE, IF ANY, HELD BY THE OPERATOR OF THE MACHINE OR INSTRUMENT.
   (T) ANY PRESENTMENT AGENCY ALLEGING A VIOLATION OF SECTION  156.05  OR
 156.10  OF  THE  PENAL  LAW,  THE  TIME, PLACE AND MANNER SUCH VIOLATION
 OCCURRED.
   (U) (I) A COPY OF ALL ELECTRONICALLY  CREATED  OR  STORED  INFORMATION
 SEIZED  OR  OBTAINED  BY  OR  ON BEHALF OF LAW ENFORCEMENT FROM: (A) THE
 RESPONDENT AS DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH; OR (B) A
 SOURCE OTHER THAN THE RESPONDENT WHICH RELATES TO THE SUBJECT MATTER  OF
 THE PROCEEDING.
   (II)  IF  THE  ELECTRONICALLY CREATED OR STORED INFORMATION ORIGINATES
 FROM A DEVICE, ACCOUNT, OR OTHER ELECTRONICALLY STORED SOURCE  THAT  THE

 A. 8085                             7

 PRESENTMENT  AGENCY  BELIEVES  THE  RESPONDENT OWNED, MAINTAINED, OR HAD
 LAWFUL ACCESS TO AND IS WITHIN THE POSSESSION, CUSTODY OR CONTROL OF THE
 PRESENTMENT AGENCY OR PERSONS UNDER THE PRESENTMENT  AGENCY'S  DIRECTION
 OR  CONTROL, THE PRESENTMENT AGENCY SHALL PROVIDE A COMPLETE COPY OF THE
 ELECTRONICALLY CREATED OR STORED INFORMATION FROM THE DEVICE OR  ACCOUNT
 OR OTHER SOURCE, AND A DESIGNATION BY THE PRESENTMENT AGENCY AS TO WHICH
 PORTIONS IT INTENDS TO INTRODUCE.
   (III)  IF POSSESSION OF SUCH ELECTRONICALLY CREATED OR STORED INFORMA-
 TION WOULD BE A CRIME IF COMMITTED BY AN ADULT UNDER NEW YORK  STATE  OR
 FEDERAL  LAW,  THE  PRESENTMENT  AGENCY SHALL MAKE THOSE PORTIONS OF THE
 ELECTRONICALLY CREATED OR STORED INFORMATION THAT ARE  NOT  CRIMINAL  TO
 POSSESS  AVAILABLE  AS  SPECIFIED  UNDER THIS PARAGRAPH AND SHALL AFFORD
 COUNSEL FOR THE RESPONDENT ACCESS TO INSPECT CONTRABAND  PORTIONS  AT  A
 SUPERVISED  LOCATION THAT PROVIDES REGULAR AND REASONABLE HOURS FOR SUCH
 ACCESS, SUCH AS A PRESENTMENT AGENCY'S OFFICE, POLICE STATION, OR COURT.
   (IV) THIS PARAGRAPH SHALL NOT BE CONSTRUED TO  ALTER  OR  IN  ANY  WAY
 AFFECT  THE  RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES OR
 SUCH OTHER RIGHTS A SUSPECT OR RESPONDENT  MAY  DERIVE  FROM  THE  STATE
 CONSTITUTION  OR  THE  UNITED STATES CONSTITUTION. IF IN THE EXERCISE OF
 REASONABLE DILIGENCE THE INFORMATION UNDER THIS PARAGRAPH IS NOT  AVAIL-
 ABLE  FOR  DISCLOSURE WITHIN THE TIME PERIOD REQUIRED BY SUBDIVISION ONE
 OF SECTION 331.2 OF THIS PART, THAT PERIOD SHALL BE STAYED WITHOUT  NEED
 FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 331.11 OF THIS PART,
 EXCEPT  THAT THE PRESENTMENT AGENCY SHALL NOTIFY THE RESPONDENT IN WRIT-
 ING THAT SUCH INFORMATION HAS NOT BEEN DISCLOSED,  AND  SUCH  DISCLOSURE
 SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN FIFTEEN CALENDAR
 DAYS  PRIOR  TO THE FIRST SCHEDULED FACT-FINDING HEARING DATE OR, IF THE
 RESPONDENT IS IN DETENTION, SUCH DISCLOSURE SHALL BE MADE NO LATER  THAN
 THREE  DAYS  PRIOR  TO  THE  FIRST  SCHEDULED FACT-FINDING HEARING DATE,
 UNLESS AN ORDER IS OBTAINED PURSUANT TO SECTION 331.11 OF THIS PART.
   2. DUTIES OF THE PRESENTMENT AGENCY. THE PRESENTMENT AGENCY SHALL MAKE
 A DILIGENT, GOOD FAITH EFFORT TO ASCERTAIN THE EXISTENCE OF MATERIAL  OR
 INFORMATION  DISCOVERABLE  UNDER  SUBDIVISION ONE OF THIS SECTION AND TO
 CAUSE SUCH MATERIAL OR INFORMATION TO BE MADE  AVAILABLE  FOR  DISCOVERY
 WHERE  IT  EXISTS BUT IS NOT WITHIN THE PRESENTMENT AGENCY'S POSSESSION,
 CUSTODY OR CONTROL; PROVIDED THAT THE PRESENTMENT AGENCY  SHALL  NOT  BE
 REQUIRED TO OBTAIN BY SUBPOENA DUCES TECUM MATERIAL OR INFORMATION WHICH
 THE  RESPONDENT  MAY  THEREBY OBTAIN. FOR PURPOSES OF SUBDIVISION ONE OF
 THIS SECTION, ALL ITEMS AND INFORMATION RELATED TO THE PRESENTMENT AGEN-
 CY OF A CHARGE IN THE POSSESSION OF ANY NEW YORK STATE OR  LOCAL  POLICE
 OR  LAW  ENFORCEMENT  AGENCY, AND ANY INFORMATION IN THE POSSESSION OF A
 LABORATORY HAVING CONTACT WITH EVIDENCE RELATED TO THE PRESENTMENT AGEN-
 CY OF A CHARGE, SHALL BE DEEMED TO BE IN THE POSSESSION OF THE  PRESENT-
 MENT  AGENCY.  THIS SUBDIVISION SHALL NOT REQUIRE THE PRESENTMENT AGENCY
 TO ASCERTAIN THE EXISTENCE OF WITNESSES  NOT  KNOWN  TO  THE  POLICE  OR
 ANOTHER  LAW  ENFORCEMENT  AGENCY, OR THE WRITTEN OR RECORDED STATEMENTS
 THEREOF, UNDER PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
   3. SUPPLEMENTAL DISCOVERY FOR THE RESPONDENT. THE  PRESENTMENT  AGENCY
 SHALL  DISCLOSE  TO  THE RESPONDENT A LIST OF ALL MISCONDUCT AND ACTS OF
 JUVENILE DELINQUENCY OF THE RESPONDENT  NOT  CHARGED  IN  THE  PETITION,
 WHICH  THE PRESENTMENT AGENCY INTENDS TO USE AT FACT-FINDING HEARING FOR
 PURPOSES OF (A) IMPEACHING THE CREDIBILITY OF THE RESPONDENT, OR (B)  AS
 SUBSTANTIVE  PROOF OF ANY MATERIAL ISSUE IN THE PROCEEDING. IN ADDITION,
 THE PRESENTMENT AGENCY SHALL DESIGNATE WHETHER IT INTENDS  TO  USE  EACH
 LISTED ACT FOR IMPEACHMENT AND/OR AS SUBSTANTIVE PROOF.

 A. 8085                             8
 
   4. RECIPROCAL DISCOVERY FOR THE PRESENTMENT AGENCY. (A) THE RESPONDENT
 SHALL,  SUBJECT  TO CONSTITUTIONAL LIMITATIONS, DISCLOSE TO THE PRESENT-
 MENT AGENCY, AND PERMIT THE PRESENTMENT  AGENCY  TO  DISCOVER,  INSPECT,
 COPY  OR  PHOTOGRAPH,  ANY  MATERIAL  AND  RELEVANT  EVIDENCE WITHIN THE
 RESPONDENT'S  OR COUNSEL FOR THE RESPONDENT'S POSSESSION OR CONTROL THAT
 IS DISCOVERABLE UNDER PARAGRAPHS (F), (G), (H),  (J),  (L)  AND  (O)  OF
 SUBDIVISION  ONE OF THIS SECTION, WHICH THE RESPONDENT INTENDS TO INTRO-
 DUCE AT FACT-FINDING OR A  PRE-TRIAL  MOTION  HEARING,  AND  THE  NAMES,
 ADDRESSES,  BIRTH  DATES,  AND  ALL  STATEMENTS,  WRITTEN OR RECORDED OR
 SUMMARIZED IN ANY WRITING OR RECORDING, OF THOSE PERSONS OTHER THAN  THE
 RESPONDENT  WHOM  THE  RESPONDENT  INTENDS TO CALL AS WITNESSES AT FACT-
 FINDING HEARING OR AT A PRE-TRIAL MOTION HEARING.
   (B) DISCLOSURE OF THE NAME, ADDRESS, BIRTH DATE, AND  ALL  STATEMENTS,
 WRITTEN  OR  RECORDED  OR  SUMMARIZED  IN ANY WRITING OR RECORDING, OF A
 PERSON WHOM THE RESPONDENT INTENDS TO CALL AS A  WITNESS  FOR  THE  SOLE
 PURPOSE OF IMPEACHING A PRESENTMENT AGENCY WITNESS IS NOT REQUIRED UNTIL
 AFTER THE PRESENTMENT AGENCY WITNESS HAS TESTIFIED AT FACT-FINDING HEAR-
 ING.
   (C)  IF  IN  THE  EXERCISE  OF  REASONABLE  DILIGENCE THE RECIPROCALLY
 DISCOVERABLE INFORMATION UNDER PARAGRAPH (F) OR (O) OF  SUBDIVISION  ONE
 OF  THIS  SECTION  IS  UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME PERIOD
 SPECIFIED IN SUBDIVISION TWO OF SECTION 331.2 OF THIS  PART,  SUCH  TIME
 PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SUBDIVISION
 TWO  OF SECTION 331.11 OF THIS PART; BUT THE DISCLOSURE SHALL BE MADE AS
 SOON AS PRACTICABLE, PROVIDED, HOWEVER, THAT IF  THE  RESPONDENT  IS  IN
 DETENTION,  SUCH DISCLOSURE SHALL BE MADE NO LATER THAN THREE DAYS PRIOR
 TO THE FIRST SCHEDULED FACT-FINDING  HEARING  DATE.    ALL  RECIPROCALLY
 DISCOVERABLE  INFORMATION  UNDER  THIS  SUBDIVISION  IS  SUBJECT  TO THE
 CONTINUING DUTY TO DISCLOSE PURSUANT TO SECTION 331.9 OF THIS PART.
   5. STAY OF AUTOMATIC DISCOVERY;  REMEDIES  AND  SANCTIONS.    SECTIONS
 331.1  AND  331.2 OF THIS PART AND SUBDIVISIONS ONE, TWO, THREE AND FOUR
 OF THIS SECTION SHALL HAVE THE FORCE AND EFFECT OF A  COURT  ORDER,  AND
 FAILURE TO PROVIDE DISCOVERY PURSUANT TO SUCH SECTION OR SUBDIVISION MAY
 RESULT  IN  APPLICATION  OF ANY REMEDIES OR SANCTIONS PERMITTED FOR NON-
 COMPLIANCE WITH A COURT ORDER UNDER SECTION 331.12 OF THIS PART.  HOWEV-
 ER,  IF IN THE JUDGMENT OF EITHER PARTY, GOOD CAUSE EXISTS FOR DECLINING
 TO MAKE ANY OF THE DISCLOSURES SET FORTH ABOVE, SUCH PARTY MAY MOVE  FOR
 A  PROTECTIVE  ORDER  PURSUANT  TO  SECTION  331.11  OF  THIS  PART  AND
 PRODUCTION OF THE ITEM SHALL BE STAYED PENDING A RULING  BY  THE  COURT.
 THE OPPOSING PARTY SHALL BE NOTIFIED IN WRITING THAT INFORMATION HAS NOT
 BEEN  DISCLOSED UNDER A PARTICULAR SECTION.  WHEN SOME PARTS OF MATERIAL
 OR INFORMATION ARE DISCOVERABLE BUT IN THE  JUDGMENT  OF  A  PARTY  GOOD
 CAUSE  EXISTS  FOR  DECLINING  TO DISCLOSE OTHER PARTS, THE DISCOVERABLE
 PARTS SHALL BE DISCLOSED AND THE DISCLOSING PARTY SHALL GIVE  NOTICE  IN
 WRITING THAT NON-DISCOVERABLE PARTS HAVE BEEN WITHHELD.
   6.  REDACTIONS  PERMITTED.  EITHER  PARTY  MAY  REDACT SOCIAL SECURITY
 NUMBERS AND TAX NUMBERS FROM DISCLOSURES UNDER THIS PART.
   7. PRESUMPTION OF OPENNESS. THERE SHALL BE A PRESUMPTION IN  FAVOR  OF
 DISCLOSURE  WHEN  INTERPRETING  SECTIONS  331.1, 331.2 AND 331.4 OF THIS
 PART AND SUBDIVISION ONE OF THIS SECTION.
   § 331.4. DISCLOSURE PRIOR TO AN ADMISSION BY THE RESPONDENT; WAIVER OF
 DISCOVERY BY RESPONDENT.  1. DISCLOSURE OF CRIME. WHERE THE  PRESENTMENT
 AGENCY  HAS  MADE  AN  OFFER  TO ACCEPT AN ADMISSION PURSUANT TO SECTION
 321.3 OF THIS ARTICLE TO AN ACT THAT, IF COMMITTED BY AN ADULT, WOULD BE
 A CRIME, THE PRESENTMENT AGENCY SHALL DISCLOSE TO  THE  RESPONDENT,  AND
 PERMIT  THE  RESPONDENT TO DISCOVER, INSPECT, COPY, PHOTOGRAPH AND TEST,

 A. 8085                             9
 
 ALL ITEMS AND INFORMATION THAT WOULD BE DISCOVERABLE PRIOR TO THE  FACT-
 FINDING  HEARING UNDER SUBDIVISION ONE OF SECTION 331.3 OF THIS PART AND
 ARE IN THE POSSESSION, CUSTODY OR CONTROL OF THE PRESENTMENT AGENCY. THE
 PRESENTMENT AGENCY SHALL DISCLOSE THE DISCOVERABLE ITEMS AND INFORMATION
 NOT  LESS  THAN  THREE CALENDAR DAYS PRIOR TO THE EXPIRATION DATE OF THE
 OFFER BY THE PRESENTMENT AGENCY FOR THE RESPONDENT TO MAKE AN  ADMISSION
 OR  ANY  DEADLINE IMPOSED BY THE COURT FOR ACCEPTANCE OF THE OFFER OF AN
 ADMISSION.
   2. TIMING OF DISCLOSURE. IF THE PRESENTMENT  AGENCY  DOES  NOT  COMPLY
 WITH  THE  REQUIREMENTS  OF  THIS SUBDIVISION, THEN, NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW, SUCH OFFER SHALL  BE  DEEMED  AVAILABLE  TO  THE
 RESPONDENT  UNTIL  THREE  CALENDAR DAYS AFTER THE PRESENTMENT AGENCY HAS
 COMPLIED,  ABSENT  EXTRAORDINARY  CIRCUMSTANCES  INVOLVING  NEW  ADVERSE
 INFORMATION  BEARING  ON  THE  RESPONDENT OCCURRING OR DISCOVERED IN THE
 INTERIM THAT, AFTER APPROPRIATE NOTICE AND AN OPPORTUNITY FOR A HEARING,
 ARE SHOWN BY THE PRESENTMENT AGENCY AND FOUND BY THE  COURT.  WHERE  THE
 OFFER  OF AN ADMISSION HAS LAPSED OR BEEN WITHDRAWN IN LIGHT OF NON-COM-
 PLIANCE BY THE PRESENTMENT AGENCY WITH THIS SUBDIVISION, THE  RESPONDENT
 MAY  MAKE  A  MOTION  ALLEGING  SUCH  NON-COMPLIANCE AND THE COURT SHALL
 CONSIDER THE IMPACT OF ANY NON-COMPLIANCE ON THE  RESPONDENT'S  DECISION
 TO  ACCEPT  OR REJECT THE OFFER OF AN ADMISSION. IF THE COURT FINDS THAT
 THE NON-COMPLIANCE MATERIALLY AFFECTED THE RESPONDENT'S DECISION AND  IF
 THE  PRESENTMENT  AGENCY  DECLINES  TO REINSTATE THE LAPSED OR WITHDRAWN
 PLEA OFFER, THE COURT, AS A PRESUMPTIVE MINIMUM SANCTION, SHALL PRECLUDE
 THE ADMISSION AT TRIAL OF ANY EVIDENCE NOT DISCLOSED AS  REQUIRED  UNDER
 THIS  SUBDIVISION.    THE  COURT  MAY  TAKE OTHER ADDITIONAL APPROPRIATE
 ACTION AS NECESSARY TO ADDRESS THE NON-COMPLIANCE.
   3. EXCEPTION. THE RIGHTS UNDER THIS SUBDIVISION DO NOT APPLY TO  ITEMS
 OR  INFORMATION THAT ARE THE SUBJECT OF A PROTECTIVE ORDER UNDER SECTION
 331.11 OF THIS PART; BUT IF SUCH INFORMATION TENDS  TO  BE  EXCULPATORY,
 THE COURT SHALL RECONSIDER THE PROTECTIVE ORDER.
   4.  WAIVER. A RESPONDENT MAY PROVIDE A VOLUNTARY, KNOWING AND INTELLI-
 GENT WAIVER IN THE PRESENCE OF HIS OR HER COUNSEL OF HIS OR  HER  RIGHTS
 UNDER  THIS SECTION; BUT AN OFFER OF AN ADMISSION MAY NOT BE CONDITIONED
 ON SUCH WAIVER.
   § 331.5. COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY. 1.  ORDER
 TO PRESERVE EVIDENCE. AT ANY TIME, A PARTY MAY MOVE FOR A COURT ORDER TO
 ANY INDIVIDUAL, AGENCY OR OTHER ENTITY IN POSSESSION, CUSTODY OR CONTROL
 OF ITEMS WHICH RELATE TO THE SUBJECT MATTER OF THE CASE OR ARE OTHERWISE
 RELEVANT, REQUIRING THAT SUCH ITEMS BE PRESERVED FOR A SPECIFIED  PERIOD
 OF TIME.  THE COURT SHALL HEAR AND RULE UPON SUCH MOTIONS EXPEDITIOUSLY.
 THE COURT MAY MODIFY OR VACATE SUCH AN ORDER UPON A SHOWING THAT PRESER-
 VATION  OF  PARTICULAR EVIDENCE WILL CREATE SIGNIFICANT HARDSHIP TO SUCH
 INDIVIDUAL, AGENCY OR ENTITY, ON CONDITION THAT THE PROBATIVE  VALUE  OF
 THAT EVIDENCE IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
   2.  ORDER TO GRANT ACCESS TO PREMISES. AT ANY TIME, THE RESPONDENT MAY
 MOVE FOR A COURT ORDER TO ANY INDIVIDUAL,  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 RESPONDENT BE GRANTED PROMPT AND REASON-
 ABLE ACCESS TO INSPECT, PHOTOGRAPH OR MEASURE SUCH CRIME SCENE OR  PREM-
 ISES,  AND  THAT  THE  CONDITION  OF  THE CRIME SCENE OR PREMISES REMAIN
 UNCHANGED IN THE INTERIM. THE  COURT  SHALL  CONSIDER  THE  RESPONDENT'S
 EXPRESSED  NEED  FOR  ACCESS TO THE PREMISES INCLUDING THE RISK THAT THE
 RESPONDENT WILL BE DEPRIVED OF EVIDENCE OR INFORMATION RELEVANT  TO  THE
 CASE, THE POSITION OF ANY INDIVIDUAL OR ENTITY WITH POSSESSORY OR OWNER-

 A. 8085                            10
 
 SHIP  RIGHTS TO THE PREMISES, THE NATURE OF THE PRIVACY INTEREST AND ANY
 PERCEIVED OR ACTUAL HARDSHIP OF THE INDIVIDUAL OR ENTITY WITH POSSESSORY
 OR OWNERSHIP RIGHTS, AND THE POSITION OF  THE  PRESENTMENT  AGENCY  WITH
 RESPECT  TO  ANY  APPLICATION  FOR ACCESS TO THE PREMISES. THE COURT MAY
 DENY ACCESS TO THE PREMISES WHEN THE PROBATIVE VALUE OF ACCESS  TO  SUCH
 LOCATION  HAS  BEEN OR WILL BE PRESERVED BY SPECIFIED ALTERNATIVE MEANS.
 IF THE COURT GRANTS ACCESS TO THE PREMISES,  THE  INDIVIDUAL  OR  ENTITY
 WITH  OWNERSHIP  OR  POSSESSORY  RIGHTS  TO THE PREMISES MAY REQUEST LAW
 ENFORCEMENT PRESENCE AT THE PREMISES WHILE THE RESPONDENT'S COUNSEL OR A
 REPRESENTATIVE THEREOF IS PRESENT.
   3. DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.  THE  COURT  IN  ITS
 DISCRETION  MAY,  UPON  A  SHOWING BY THE RESPONDENT THAT THE REQUEST IS
 REASONABLE AND THAT THE RESPONDENT IS UNABLE WITHOUT UNDUE  HARDSHIP  TO
 OBTAIN  THE SUBSTANTIAL EQUIVALENT BY OTHER MEANS, ORDER THE PRESENTMENT
 AGENCY, OR ANY INDIVIDUAL, AGENCY OR OTHER ENTITY SUBJECT TO THE  JURIS-
 DICTION OF THE COURT, TO MAKE AVAILABLE FOR DISCLOSURE TO THE RESPONDENT
 ANY  MATERIAL  OR  INFORMATION  WHICH POTENTIALLY RELATES TO THE SUBJECT
 MATTER OF THE CASE AND IS REASONABLY LIKELY TO BE MATERIAL.
   4. PROCEDURE. A MOTION UNDER THIS SECTION SHALL BE ON  NOTICE  TO  ANY
 INDIVIDUAL, AGENCY OR ENTITY AFFECTED BY THE ORDER. A MOTION MAY BE MADE
 ORALLY ON THE RECORD SO LONG AS SUCH NOTICE IS PROVIDED.  THE COURT MAY,
 ON  ITS OWN OR UPON REQUEST OF ANY INDIVIDUAL, AGENCY OR ENTITY AFFECTED
 BY THE ORDER, MODIFY OR VACATE THE ORDER IF COMPLIANCE WOULD  BE  UNREA-
 SONABLE  OR  WILL CREATE SIGNIFICANT HARDSHIP TO SUCH INDIVIDUAL, AGENCY
 OR ENTITY. FOR GOOD CAUSE SHOWN, THE COURT MAY PERMIT A PARTY SEEKING OR
 OPPOSING A DISCRETIONARY ORDER OF DISCOVERY UNDER THIS  SUBDIVISION,  OR
 ANOTHER  AFFECTED INDIVIDUAL, AGENCY OR ENTITY, TO SUBMIT PAPERS OR, FOR
 GOOD CAUSE SHOWN, TESTIFY ON THE RECORD EX PARTE OR IN CAMERA.  FOR GOOD
 CAUSE SHOWN, ANY SUCH PAPERS AND A TRANSCRIPT OF SUCH TESTIMONY  MAY  BE
 SEALED AND SHALL CONSTITUTE A PART OF THE RECORD ON APPEAL.
   §  331.6.  COURT  ORDERED PROCEDURES TO FACILITATE COMPLIANCE; CERTIF-
 ICATES OF COMPLIANCE. 1.  DISCRETION OF COURTS. TO FACILITATE COMPLIANCE
 WITH THIS PART, AND TO REDUCE OR STREAMLINE LITIGATION OF  ANY  DISPUTES
 ABOUT DISCOVERY, THE COURT IN ITS DISCRETION MAY ISSUE AN ORDER:
   (A) REQUIRING THAT THE PRESENTMENT AGENCY AND COUNSEL FOR THE RESPOND-
 ENT  DILIGENTLY  CONFER  TO  ATTEMPT TO REACH AN ACCOMMODATION AS TO ANY
 DISPUTE CONCERNING DISCOVERY PRIOR TO SEEKING A RULING FROM THE COURT;
   (B) REQUIRING A DISCOVERY COMPLIANCE CONFERENCE AT  A  SPECIFIED  TIME
 PRIOR  TO THE FACT-FINDING HEARING BETWEEN THE PRESENTMENT AGENCY, COUN-
 SEL FOR ALL RESPONDENTS, AND THE COURT OR ITS STAFF;
   (C) REQUIRING THE PRESENTMENT AGENCY TO FILE A CERTIFICATE OF  COMPLI-
 ANCE THAT STATES THAT THE PRESENTMENT AGENCY AND/OR AN APPROPRIATE NAMED
 AGENT  HAS  MADE  REASONABLE  INQUIRIES OF ALL POLICE OFFICERS AND OTHER
 PERSONS WHO HAVE PARTICIPATED IN INVESTIGATING OR  EVALUATING  THE  CASE
 ABOUT  THE  EXISTENCE  OF  ANY  FAVORABLE EVIDENCE OR INFORMATION WITHIN
 PARAGRAPH (K) OF SUBDIVISION ONE OF SECTION 331.3 OF THIS PART,  INCLUD-
 ING  SUCH  EVIDENCE  OR  INFORMATION  THAT WAS NOT REDUCED TO WRITING OR
 OTHERWISE MEMORIALIZED OR PRESERVED AS EVIDENCE, AND HAS  DISCLOSED  ANY
 SUCH INFORMATION TO THE RESPONDENT; AND/OR
   (D)  REQUIRING  OTHER  MEASURES  OR PROCEEDINGS DESIGNED TO CARRY INTO
 EFFECT THE GOALS OF THIS PART.
   2. CERTIFICATES OF COMPLIANCE. (A) WHEN  THE  PRESENTMENT  AGENCY  HAS
 PROVIDED  THE  DISCOVERY REQUIRED BY SUBDIVISION ONE OF SECTION 331.3 OF
 THIS PART, EXCEPT FOR ANY ITEMS OR INFORMATION THAT ARE THE  SUBJECT  OF
 AN  ORDER  PURSUANT  TO SECTION 331.11 OF THIS PART, IT SHALL SERVE UPON
 THE RESPONDENT AND FILE WITH THE COURT A CERTIFICATE OF COMPLIANCE.  THE

 A. 8085                            11
 
 CERTIFICATE  OF  COMPLIANCE SHALL STATE THAT, AFTER EXERCISING DUE DILI-
 GENCE AND MAKING REASONABLE INQUIRIES  TO  ASCERTAIN  THE  EXISTENCE  OF
 MATERIAL  AND  INFORMATION  SUBJECT TO DISCOVERY, THE PRESENTMENT AGENCY
 HAS  DISCLOSED  AND  MADE  AVAILABLE  ALL KNOWN MATERIAL AND INFORMATION
 SUBJECT TO DISCOVERY. IT SHALL ALSO  IDENTIFY  THE  ITEMS  PROVIDED.  IF
 ADDITIONAL  DISCOVERY IS SUBSEQUENTLY PROVIDED PRIOR TO THE FACT-FINDING
 HEARING PURSUANT TO SECTION 331.9 OF THIS PART, A  SUPPLEMENTAL  CERTIF-
 ICATE SHALL BE SERVED UPON THE RESPONDENT AND FILED WITH THE COURT IDEN-
 TIFYING  THE  ADDITIONAL  MATERIAL AND INFORMATION PROVIDED.  NO ADVERSE
 CONSEQUENCE TO THE PRESENTMENT AGENCY OR  THE  PROSECUTOR  SHALL  RESULT
 FROM  THE  FILING  OF A CERTIFICATE OF COMPLIANCE IN GOOD FAITH; BUT THE
 COURT MAY GRANT A REMEDY  OR  SANCTION  FOR  A  DISCOVERY  VIOLATION  AS
 PROVIDED IN SECTION 331.12 OF THIS PART.
   (B)  WHEN THE RESPONDENT HAS PROVIDED ALL DISCOVERY REQUIRED BY SUBDI-
 VISION FOUR OF SECTION 331.3 OF THIS  PART,  EXCEPT  FOR  ANY  ITEMS  OR
 INFORMATION  THAT ARE THE SUBJECT OF AN ORDER PURSUANT TO SECTION 331.11
 OF THIS PART, COUNSEL FOR THE RESPONDENT SHALL SERVE UPON  THE  PRESENT-
 MENT  AGENCY  AND  FILE  WITH THE COURT A CERTIFICATE OF COMPLIANCE. THE
 CERTIFICATE SHALL STATE THAT, AFTER EXERCISING DUE DILIGENCE AND  MAKING
 REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL AND INFORMA-
 TION  SUBJECT TO DISCOVERY, COUNSEL FOR THE RESPONDENT HAS DISCLOSED AND
 MADE AVAILABLE ALL KNOWN MATERIAL AND INFORMATION SUBJECT TO  DISCOVERY.
 IT  SHALL  ALSO  IDENTIFY THE ITEMS PROVIDED. IF ADDITIONAL DISCOVERY IS
 SUBSEQUENTLY PROVIDED PRIOR TO TRIAL PURSUANT TO SECTION 331.9  OF  THIS
 PART,  A  SUPPLEMENTAL  CERTIFICATE SHALL BE SERVED UPON THE PRESENTMENT
 AGENCY AND FILED WITH THE COURT IDENTIFYING THE ADDITIONAL MATERIAL  AND
 INFORMATION  PROVIDED. NO ADVERSE CONSEQUENCE TO THE RESPONDENT OR COUN-
 SEL FOR THE RESPONDENT SHALL RESULT FROM THE FILING OF A CERTIFICATE  OF
 COMPLIANCE  IN  GOOD FAITH; BUT THE COURT MAY GRANT A REMEDY OR SANCTION
 FOR A DISCOVERY VIOLATION AS PROVIDED IN SECTION 331.12 OF THIS PART.
   § 331.7. NON-TESTIMONIAL EVIDENCE FROM THE RESPONDENT; DNA  COMPARISON
 ORDER.  1. AVAILABILITY.   AFTER THE FILING OF THE PETITION, AND SUBJECT
 TO CONSTITUTIONAL  LIMITATIONS,  THE  COURT  MAY,  UPON  MOTION  OF  THE
 PRESENTMENT  AGENCY SHOWING PROBABLE CAUSE TO BELIEVE THE RESPONDENT HAS
 COMMITTED THE ACT THAT IF COMMITTED  BY  AN  ADULT  WOULD  CONSTITUTE  A
 CRIME, A CLEAR INDICATION THAT RELEVANT MATERIAL EVIDENCE WILL BE FOUND,
 AND  THAT  THE METHOD USED TO SECURE SUCH EVIDENCE IS SAFE AND RELIABLE,
 REQUIRE A RESPONDENT TO PROVIDE NON-TESTIMONIAL EVIDENCE, INCLUDING TO:
   (A) APPEAR IN A LINEUP;
   (B) SPEAK FOR IDENTIFICATION BY A WITNESS OR POTENTIAL WITNESS;
   (C) BE FINGERPRINTED IF AUTHORIZED IN ACCORDANCE WITH SECTION 306.1 OF
 THIS ARTICLE;
   (D) POSE FOR  PHOTOGRAPHS  NOT  INVOLVING  REENACTMENT  OF  AN  EVENT,
 PROVIDED  RESPONDENT  IS  SUBJECT  TO  PHOTOGRAPHING PURSUANT TO SECTION
 306.1 OF THIS ARTICLE;
   (E) PERMIT THE TAKING OF SAMPLES OF THE RESPONDENT'S BLOOD, HAIR,  AND
 OTHER  MATERIALS  OF THE RESPONDENT'S BODY THAT INVOLVES NO UNREASONABLE
 INTRUSION THEREOF OR A RISK OF SERIOUS PHYSICAL INJURY THERETO;
   (F) PROVIDE SPECIMENS OF THE RESPONDENT'S HANDWRITING; AND
   (G) SUBMIT TO A REASONABLE  PHYSICAL  OR  MEDICAL  INSPECTION  OF  THE
 RESPONDENT'S BODY.
   2. LIMITATIONS. THIS SECTION SHALL NOT BE CONSTRUED TO ALTER OR IN ANY
 WAY  AFFECT  THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY BE AUTHORIZED
 BY LAW, BEFORE THE FILING OF THE PETITION, CONSISTENT WITH  SUCH  RIGHTS
 AS  THE  RESPONDENT MAY DERIVE FROM THIS ARTICLE, THE STATE CONSTITUTION
 OR THE UNITED STATES CONSTITUTION. THIS SECTION SHALL NOT  BE  CONSTRUED

 A. 8085                            12
 
 TO  ALTER  OR  IN  ANY  WAY AFFECT THE ADMINISTRATION OF A CHEMICAL TEST
 WHERE OTHERWISE AUTHORIZED. AN ORDER PURSUANT TO  THIS  SECTION  MAY  BE
 DENIED,  LIMITED  OR  CONDITIONED  AS PROVIDED IN SECTION 331.11 OF THIS
 PART.
   3.  DNA  COMPARISON  ORDER. WHERE PROPERTY IN THE PRESENTMENT AGENCY'S
 POSSESSION, CUSTODY, OR CONTROL CONSISTS OF A DNA PROFILE OBTAINED  FROM
 PROBATIVE  BIOLOGICAL  MATERIAL GATHERED IN CONNECTION WITH THE INVESTI-
 GATION OF THE CRIME, AND THE RESPONDENT  ESTABLISHES:    (A)  THAT  SUCH
 PROFILE  COMPLIES WITH FEDERAL BUREAU OF INVESTIGATION OR STATE REQUIRE-
 MENTS, WHICHEVER ARE APPLICABLE AND AS SUCH REQUIREMENTS ARE APPLIED  TO
 LAW  ENFORCEMENT  AGENCIES  SEEKING A KEYBOARD SEARCH OR SIMILAR COMPAR-
 ISON, AND (B) THAT THE DATA MEETS STATE DNA INDEX SYSTEM OR NATIONAL DNA
 INDEX SYSTEM CRITERIA AS SUCH CRITERIA ARE APPLIED  TO  LAW  ENFORCEMENT
 AGENCIES SEEKING SUCH A KEYBOARD SEARCH OR SIMILAR COMPARISON, THE COURT
 MAY,  UPON  MOTION  OF  A RESPONDENT AGAINST WHOM A PETITION IS PENDING,
 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 RESPONDENT THAT SUCH A COMPARISON IS MATE-
 RIAL TO THE PRESENTATION OF HIS OR HER DEFENSE AND THAT THE  REQUEST  IS
 REASONABLE. FOR PURPOSES OF THIS SECTION, A "KEYBOARD SEARCH" SHALL MEAN
 A SEARCH OF A DNA PROFILE AGAINST THE DATABANK IN WHICH THE PROFILE THAT
 IS SEARCHED IS NOT UPLOADED TO OR MAINTAINED IN THE DATABANK. NOTHING IN
 THIS  SECTION AUTHORIZES THE TAKING OF A DNA PROFILE FROM THE RESPONDENT
 OR ANY OTHER PERSON UNLESS SPECIFICALLY AUTHORIZED BY LAW.
   § 331.8. FLOW OF INFORMATION. 1. SUFFICIENT COMMUNICATION FOR  COMPLI-
 ANCE.  THE  PRESENTMENT  AGENCY  SHALL ENDEAVOR TO ENSURE THAT A FLOW OF
 INFORMATION IS  MAINTAINED  WITH  THE  POLICE  AND  OTHER  INVESTIGATIVE
 PERSONNEL  AND  SUFFICIENT  TO  PLACE  WITHIN  THE  PRESENTMENT AGENCY'S
 POSSESSION OR CONTROL ALL MATERIAL  AND  INFORMATION  PERTINENT  TO  THE
 RESPONDENT  AND  THE  OFFENSE  OR  OFFENSES  CHARGED, INCLUDING, BUT NOT
 LIMITED TO, ANY EVIDENCE OR INFORMATION DISCOVERABLE UNDER PARAGRAPH (K)
 OF SUBDIVISION ONE OF SECTION 331.3 OF THIS PART.
   2. PROVISION OF LAW ENFORCEMENT AGENCY FILES. ABSENT A COURT ORDER  OR
 A  REQUIREMENT THAT THE RESPONDENT'S COUNSEL OBTAIN A SECURITY CLEARANCE
 MANDATED BY LAW OR AUTHORIZED GOVERNMENT REGULATION, UPON REQUEST BY THE
 PRESENTMENT AGENCY, EACH NEW YORK STATE AND LOCAL LAW ENFORCEMENT AGENCY
 SHALL MAKE AVAILABLE TO THE PRESENTMENT AGENCY A COMPLETE  COPY  OF  ITS
 COMPLETE  RECORDS  AND FILES RELATED TO THE INVESTIGATION OF THE CASE OR
 RELATED TO THE PRESENTMENT AGENCY REGARDING COMPLIANCE WITH THIS PART.
   3.  911  TELEPHONE  CALL  AND  POLICE  RADIO  TRANSMISSION  ELECTRONIC
 RECORDINGS,   POLICE-WORN   BODY  CAMERA  RECORDINGS  AND  OTHER  POLICE
 RECORDINGS. (A) WHENEVER AN ELECTRONIC RECORDING OF A 911 TELEPHONE CALL
 OR A POLICE RADIO TRANSMISSION OR VIDEO OR AUDIO FOOTAGE FROM A  POLICE-
 WORN  BODY  CAMERA  OR  OTHER  POLICE  RECORDING WAS MADE OR RECEIVED IN
 CONNECTION WITH THE INVESTIGATION OF AN APPARENT CRIMINAL INCIDENT,  THE
 ARRESTING  OFFICER  OR  LEAD  DETECTIVE  SHALL  EXPEDITIOUSLY NOTIFY THE
 PRESENTMENT AGENCY IN WRITING UPON THE FILING OF  THE  PETITION  OF  THE
 EXISTENCE  OF  ALL  SUCH  KNOWN RECORDINGS. THE PRESENTMENT AGENCY SHALL
 EXPEDITIOUSLY TAKE WHATEVER REASONABLE STEPS  ARE  NECESSARY  TO  ENSURE
 THAT  ALL  KNOWN  ELECTRONIC  RECORDINGS  OF 911 TELEPHONE CALLS, POLICE
 RADIO TRANSMISSIONS  AND  VIDEO  AND  AUDIO  FOOTAGE  AND  OTHER  POLICE
 RECORDINGS  MADE OR AVAILABLE IN CONNECTION WITH THE CASE ARE PRESERVED.
 UPON THE RESPONDENT'S TIMELY REQUEST AND DESIGNATION OF A SPECIFIC ELEC-
 TRONIC RECORDING OF A 911 TELEPHONE CALL, THE PRESENTMENT  AGENCY  SHALL

 A. 8085                            13
 
 ALSO  EXPEDITIOUSLY  TAKE  WHATEVER  REASONABLE  STEPS  ARE NECESSARY TO
 ENSURE THAT IT IS PRESERVED.
   (B)  IF  THE  PRESENTMENT  AGENCY FAILS TO DISCLOSE SUCH AN ELECTRONIC
 RECORDING TO THE RESPONDENT PURSUANT TO PARAGRAPH (E),  (G)  OR  (K)  OF
 SUBDIVISION ONE OF SECTION 331.3 OF THIS PART DUE TO A FAILURE TO COMPLY
 WITH  THIS  OBLIGATION  BY  POLICE  OFFICERS OR OTHER LAW ENFORCEMENT OR
 PROSECUTION PERSONNEL, THE COURT UPON MOTION  OF  THE  RESPONDENT  SHALL
 IMPOSE  AN  APPROPRIATE REMEDY OR SANCTION PURSUANT TO SECTION 331.12 OF
 THIS PART.
   § 331.9. CONTINUING DUTY TO DISCLOSE. IF EITHER THE PRESENTMENT AGENCY
 OR THE RESPONDENT SUBSEQUENTLY LEARNS OF ADDITIONAL MATERIAL OR INFORMA-
 TION WHICH IT WOULD HAVE BEEN UNDER A DUTY TO DISCLOSE PURSUANT  TO  ANY
 PROVISIONS  OF  THIS  PART  HAD IT KNOWN OF IT AT THE TIME OF A PREVIOUS
 DISCOVERY OBLIGATION OR DISCOVERY ORDER, IT SHALL  EXPEDITIOUSLY  NOTIFY
 THE  OTHER PARTY AND DISCLOSE THE ADDITIONAL MATERIAL AND INFORMATION AS
 REQUIRED FOR INITIAL  DISCOVERY  UNDER  THIS  PART.  THIS  SECTION  ALSO
 REQUIRES EXPEDITIOUS DISCLOSURE BY THE PRESENTMENT AGENCY OF MATERIAL OR
 INFORMATION  THAT  BECAME  RELEVANT TO THE CASE OR DISCOVERABLE BASED ON
 RECIPROCAL DISCOVERY RECEIVED FROM THE RESPONDENT PURSUANT  TO  SUBDIVI-
 SION FOUR OF SECTION 331.3 OF THIS PART.
   §  331.10.  WORK  PRODUCT. THIS PART DOES NOT AUTHORIZE DISCOVERY BY A
 PARTY OF THOSE PORTIONS OF RECORDS, REPORTS, CORRESPONDENCE,  MEMORANDA,
 OR  INTERNAL  DOCUMENTS  OF  THE  ADVERSE PARTY WHICH 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 RESPONDENT,
 WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR RECORDING,  MADE  TO
 THE ATTORNEY FOR THE RESPONDENT OR THE ATTORNEY'S AGENTS.
   §  331.11.  PROTECTIVE  ORDERS. 1. ANY DISCOVERY SUBJECT TO PROTECTIVE
 ORDER. UPON A SHOWING OF GOOD CAUSE BY EITHER PARTY, THE  COURT  MAY  AT
 ANY  TIME  ORDER THAT DISCOVERY OR INSPECTION OF ANY KIND OF MATERIAL OR
 INFORMATION UNDER  THIS  PART  BE  DENIED,  RESTRICTED,  CONDITIONED  OR
 DEFERRED,  OR  MAKE  SUCH  OTHER  ORDER AS IS APPROPRIATE. THE COURT MAY
 IMPOSE AS A CONDITION ON DISCOVERY TO A RESPONDENT THAT THE MATERIAL  OR
 INFORMATION  TO  BE  DISCOVERED  BE  AVAILABLE  ONLY  TO COUNSEL FOR THE
 RESPONDENT; OR, ALTERNATIVELY, THAT  COUNSEL  FOR  THE  RESPONDENT,  AND
 PERSONS  EMPLOYED BY THE ATTORNEY OR APPOINTED BY THE COURT TO ASSIST IN
 THE PREPARATION OF A RESPONDENT'S CASE, MAY NOT DISCLOSE PHYSICAL COPIES
 OF THE DISCOVERABLE  DOCUMENTS  TO  A  RESPONDENT  OR  TO  ANYONE  ELSE,
 PROVIDED  THAT  THE  PRESENTMENT AGENCY AFFORDS THE RESPONDENT ACCESS TO
 INSPECT REDACTED COPIES OF THE DISCOVERABLE DOCUMENTS  AT  A  SUPERVISED
 LOCATION  THAT  PROVIDES  REGULAR  AND REASONABLE HOURS FOR SUCH ACCESS,
 SUCH AS A PRESENTMENT  AGENCY'S  OFFICE,  POLICE  STATION,  FACILITY  OF
 DETENTION,  OR COURT.   SHOULD THE COURT IMPOSE AS A CONDITION THAT SOME
 MATERIAL OR INFORMATION BE AVAILABLE ONLY TO COUNSEL FOR THE RESPONDENT,
 THE COURT SHALL INFORM THE RESPONDENT ON THE  RECORD  THAT  HIS  OR  HER
 ATTORNEY  IS  NOT PERMITTED BY LAW TO DISCLOSE SUCH MATERIAL OR INFORMA-
 TION TO THE RESPONDENT. THE COURT MAY PERMIT A PARTY SEEKING OR OPPOSING
 A PROTECTIVE ORDER UNDER THIS SECTION, OR ANOTHER  AFFECTED  PERSON,  TO
 SUBMIT  PAPERS  OR TESTIFY ON THE RECORD EX PARTE OR IN CAMERA. ANY SUCH
 PAPERS AND A TRANSCRIPT OF  SUCH  TESTIMONY  MAY  BE  SEALED  AND  SHALL
 CONSTITUTE  A  PART OF THE RECORD ON APPEAL. THIS SECTION DOES NOT ALTER
 THE ALLOCATION OF THE BURDEN OF PROOF WITH REGARD TO MATTERS  AT  ISSUE,
 INCLUDING PRIVILEGE.
   2.  MODIFICATION OF TIME PERIODS FOR DISCOVERY. UPON MOTION OF A PARTY
 IN AN INDIVIDUAL CASE, THE COURT MAY ALTER THE TIME PERIODS FOR  DISCOV-
 ERY IMPOSED BY THIS PART UPON A SHOWING OF GOOD CAUSE.

 A. 8085                            14
 
   3.  PROMPT  HEARING.  UPON  REQUEST  FOR A PROTECTIVE ORDER, THE COURT
 SHALL CONDUCT AN APPROPRIATE  HEARING  WITHIN  THREE  BUSINESS  DAYS  TO
 DETERMINE  WHETHER  GOOD CAUSE HAS BEEN SHOWN AND WHEN PRACTICABLE SHALL
 RENDER DECISION EXPEDITIOUSLY. ANY MATERIALS SUBMITTED AND A  TRANSCRIPT
 OF  THE  PROCEEDING  MAY  BE  SEALED  AND SHALL CONSTITUTE A PART OF THE
 RECORD ON APPEAL.
   4. SHOWING OF GOOD CAUSE. IN DETERMINING GOOD CAUSE UNDER THIS SECTION
 THE COURT MAY CONSIDER:  CONSTITUTIONAL RIGHTS OR LIMITATIONS; DANGER TO
 THE INTEGRITY OF PHYSICAL EVIDENCE OR THE SAFETY OF A WITNESS;  RISK  OF
 INTIMIDATION,  ECONOMIC  REPRISAL,  BRIBERY,  HARASSMENT  OR UNJUSTIFIED
 ANNOYANCE OR EMBARRASSMENT TO ANY PERSON, AND THE NATURE,  SEVERITY  AND
 LIKELIHOOD OF THAT RISK; A RISK OF AN ADVERSE EFFECT UPON THE LEGITIMATE
 NEEDS OF LAW ENFORCEMENT, INCLUDING THE PROTECTION OF THE CONFIDENTIALI-
 TY  OF INFORMANTS, AND THE NATURE, SEVERITY AND LIKELIHOOD OF THAT RISK;
 THE NATURE AND CIRCUMSTANCES OF THE FACTUAL  ALLEGATIONS  IN  THE  CASE;
 WHETHER  THE RESPONDENT HAS A HISTORY OF WITNESS INTIMIDATION OR TAMPER-
 ING AND THE NATURE OF THAT HISTORY; THE NATURE OF THE STATED REASONS  IN
 SUPPORT  OF  A  PROTECTIVE  ORDER; THE NATURE OF THE WITNESS IDENTIFYING
 INFORMATION THAT IS SOUGHT  TO  BE  ADDRESSED  BY  A  PROTECTIVE  ORDER,
 INCLUDING  THE OPTION OF EMPLOYING ADEQUATE ALTERNATIVE CONTACT INFORMA-
 TION; DANGER TO ANY PERSON STEMMING FROM FACTORS SUCH AS A  RESPONDENT'S
 SUBSTANTIATED  AFFILIATION  WITH  A  CRIMINAL  ENTERPRISE  AS DEFINED IN
 SUBDIVISION THREE OF SECTION 460.10 OF THE PENAL LAW; AND OTHER  SIMILAR
 FACTORS FOUND TO OUTWEIGH THE USEFULNESS OF THE DISCOVERY.
   5.  SUCCESSOR COUNSEL. IN CASES IN WHICH THE ATTORNEY-CLIENT RELATION-
 SHIP IS TERMINATED PRIOR TO TRIAL FOR ANY REASON, ANY MATERIAL OR INFOR-
 MATION DISCLOSED SUBJECT TO A CONDITION THAT IT  BE  AVAILABLE  ONLY  TO
 COUNSEL  FOR  THE  RESPONDENT, OR LIMITED IN DISSEMINATION BY PROTECTIVE
 ORDER OR OTHERWISE, SHALL BE PROVIDED ONLY TO SUCCESSOR COUNSEL FOR  THE
 RESPONDENT  UNDER THE SAME CONDITION OR CONDITIONS OR BE RETURNED TO THE
 PRESENTMENT AGENCY, UNLESS THE COURT  RULES  OTHERWISE  FOR  GOOD  CAUSE
 SHOWN  OR THE PRESENTMENT AGENCY GIVES WRITTEN CONSENT. ANY WORK PRODUCT
 DERIVED FROM SUCH MATERIAL OR INFORMATION SHALL NOT BE PROVIDED  TO  THE
 RESPONDENT,  UNLESS  THE COURT RULES OTHERWISE OR THE PRESENTMENT AGENCY
 GIVES WRITTEN CONSENT.
   6. COMPLIANCE WITH PROTECTIVE ORDER. ANY PROTECTIVE ORDER ISSUED UNDER
 THIS PART IS A MANDATE OF THE COURT FOR PURPOSES OF THE OFFENSE OF CRIM-
 INAL CONTEMPT IN SUBDIVISION THREE OF SECTION 215.50 OF THE PENAL LAW.
   § 331.12. REMEDIES OR SANCTIONS FOR NON-COMPLIANCE. 1. NEED FOR REMEDY
 OR SANCTION. (A) WHEN MATERIAL OR INFORMATION IS DISCOVERABLE UNDER THIS
 PART BUT IS DISCLOSED BELATEDLY, THE COURT SHALL IMPOSE  AN  APPROPRIATE
 REMEDY OR SANCTION IF THE PARTY ENTITLED TO DISCLOSURE SHOWS THAT IT WAS
 PREJUDICED.  REGARDLESS  OF A SHOWING OF PREJUDICE THE PARTY ENTITLED TO
 DISCLOSURE SHALL BE GIVEN REASONABLE TIME TO PREPARE AND RESPOND TO  THE
 NEW MATERIAL.
   (B)  WHEN  MATERIAL OR INFORMATION IS DISCOVERABLE UNDER THIS PART BUT
 CANNOT BE DISCLOSED BECAUSE IT HAS BEEN LOST  OR  DESTROYED,  THE  COURT
 SHALL  IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED TO
 DISCLOSURE SHOWS THAT THE LOST OR DESTROYED MATERIAL MAY HAVE  CONTAINED
 SOME  INFORMATION  RELEVANT TO A CONTESTED ISSUE. THE APPROPRIATE REMEDY
 OR SANCTION IS THAT WHICH IS PROPORTIONATE  TO  THE  POTENTIAL  WAYS  IN
 WHICH  THE LOST OR DESTROYED MATERIAL REASONABLY COULD HAVE BEEN HELPFUL
 TO THE PARTY ENTITLED TO DISCLOSURE.
   2. AVAILABLE REMEDIES OR SANCTIONS. FOR FAILURE  TO  COMPLY  WITH  ANY
 DISCOVERY  ORDER  IMPOSED OR ISSUED PURSUANT TO THIS PART, THE COURT MAY
 MAKE A FURTHER ORDER FOR DISCOVERY, GRANT A CONTINUANCE,  ORDER  THAT  A

 A. 8085                            15

 HEARING BE REOPENED, ORDER THAT A WITNESS BE CALLED OR RECALLED, DRAW AN
 ADVERSE  INFERENCE  REGARDING  THE  NON-COMPLIANCE, 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 RESPONDENT SHALL
 COMPORT WITH THE RESPONDENT'S CONSTITUTIONAL RIGHT TO PRESENT A DEFENSE,
 AND PRECLUDING A WITNESS FROM TESTIFYING ON  BEHALF  OF  THE  RESPONDENT
 SHALL  BE  PERMISSIBLE ONLY UPON A FINDING THAT THE RESPONDENT'S FAILURE
 TO COMPLY WITH THE DISCOVERY OBLIGATION OR ORDER WAS WILLFUL  AND  MOTI-
 VATED BY A DESIRE TO OBTAIN A TACTICAL ADVANTAGE.
   3.  CONSEQUENCES  OF NON-DISCLOSURE OF STATEMENT OF WITNESS TESTIFYING
 FOR THE PRESENTMENT AGENCY. THE FAILURE OF  THE  PRESENTMENT  AGENCY  TO
 DISCLOSE  ANY WRITTEN OR RECORDED STATEMENT MADE BY A WITNESS TESTIFYING
 ON THE AGENCY'S BEHALF, WHICH RELATES  TO  THE  SUBJECT  MATTER  OF  THE
 WITNESS'S TESTIMONY, SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO ORDER
 A NEW PRE-TRIAL HEARING OR SET ASIDE AN ADJUDICATION, OR REVERSE, MODIFY
 OR VACATE AN ADJUDICATION, IN THE ABSENCE OF A SHOWING BY THE RESPONDENT
 THAT  THERE  IS  A  REASONABLE POSSIBILITY THAT THE NON-DISCLOSURE MATE-
 RIALLY CONTRIBUTED TO THE RESULT  OF  THE  TRIAL  OR  OTHER  PROCEEDING;
 PROVIDED,  HOWEVER,  THAT  NOTHING IN THIS SECTION SHALL AFFECT OR LIMIT
 ANY RIGHT THE RESPONDENT MAY HAVE TO A REOPENED PRE-TRIAL  HEARING  WHEN
 SUCH STATEMENTS WERE DISCLOSED BEFORE THE CLOSE OF EVIDENCE AT THE FACT-
 FINDING HEARING.
   §  331.13. ADMISSIBILITY OF DISCOVERY. THE FACT THAT A PARTY HAS INDI-
 CATED DURING THE DISCOVERY  PROCESS  AN  INTENTION  TO  OFFER  SPECIFIED
 EVIDENCE OR TO CALL A SPECIFIED WITNESS IS NOT ADMISSIBLE IN EVIDENCE OR
 GROUNDS FOR ADVERSE COMMENT AT A PRE-TRIAL OR FACT-FINDING HEARING.
   §  3.  Subdivision  2 of section 325 of the judiciary law, as added by
 chapter 920 of the laws of 1982, is amended to read as follows:
   2. Where an application follows a demand to produce any transcript  of
 testimony at a grand jury proceeding pursuant to paragraph (b) of subdi-
 vision  [two] ONE of section [331.2] 331.3 [or paragraph (a) of subdivi-
 sion one of section 331.4] of the family court act the presentment agen-
 cy and respondent shall be given  notice  of  such  application  and  an
 opportunity to be heard.
   §  4. Subdivision 5 of section 330.1 of the family court act, as added
 by chapter 398 of the laws of 1983, is amended to read as follows:
   5. Court ordered bill of particulars. Where a presentment  agency  has
 timely  served  a  written  refusal pursuant to subdivision four of this
 section and upon motion, made in writing, of a respondent, 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 presentment agency 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 partic-
 ulars,  and  that such information is necessary to enable the respondent
 adequately to prepare or conduct his defense and,  if  the  request  was
 untimely,  a  finding  of  good cause for the delay. Where a presentment
 agency has not timely served a written refusal pursuant  to  subdivision
 four  of  this  section  the court must, unless it is satisfied that the
 presentment agency has shown good cause why such an order should not  be
 issued,  issue  an  order  requiring the presentment agency to comply or
 providing for any other order authorized by subdivision one  of  section
 [331.6] 331.12 OF THIS PART.
   § 5. This act shall take effect January 1, 2020.