S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9107
 
                           I N  A S S E M B L Y
 
                             January 21, 2020
                                ___________
 
 Introduced  by  M.  of  A.  STEC, WALSH -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  ensuring
   privacy  protections  for  all  emergency personnel present at a crime
   scene
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (c)  of subdivision 1 of section 245.20 of the
 criminal procedure law, as added by section 2 of part LLL of chapter  59
 of the laws of 2019, is amended to read as follows:
   (c)  The  names and adequate contact information for all persons other
 than law enforcement personnel,  AMBULANCE  SERVICES  OR  ADVANCED  LIFE
 SUPPORT  FIRST RESPONSE SERVICES, CERTIFIED FIRST RESPONDERS, FIREFIGHT-
 ERS, EMERGENCY MEDICAL TECHNICIANS OR ADVANCED EMERGENCY MEDICAL TECHNI-
 CIANS, WHO ARE EMPLOYED BY OR ENROLLED MEMBERS OF ANY SUCH SERVICE, whom
 the prosecutor knows to have evidence or  information  relevant  to  any
 offense  charged or to any potential defense thereto, including a desig-
 nation by the prosecutor as to which of those persons may be  called  as
 witnesses.  Nothing  in  this  paragraph shall require the disclosure of
 physical addresses; provided, however, upon  a  motion  and  good  cause
 shown  the court may direct the disclosure of a physical address. Infor-
 mation under this subdivision relating to a confidential  informant  may
 be  withheld,  and redacted from discovery materials, without need for a
 motion pursuant to section 245.70 of this article; but  the  prosecution
 shall notify the defendant in writing that such information has not been
 disclosed, unless the court rules otherwise for good cause shown.
   § 2. Subdivision 4 of section 245.70 of the criminal procedure law, as
 added  by  section  2  of part LLL of chapter 59 of the laws of 2019, is
 amended to read as follows:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14752-01-0

 A. 9107                             2
 
 likelihood of that risk; a risk of an adverse effect upon the legitimate
 needs of law enforcement, AMBULANCE SERVICES OR  ADVANCED  LIFE  SUPPORT
 FIRST RESPONSE SERVICES, CERTIFIED FIRST RESPONDERS, FIREFIGHTERS, EMER-
 GENCY MEDICAL TECHNICIANS OR ADVANCED EMERGENCY MEDICAL TECHNICIANS, WHO
 ARE  EMPLOYED  BY OR ENROLLED MEMBERS OF ANY SUCH SERVICE, including the
 protection of the confidentiality of informants, and the nature, severi-
 ty and likelihood of that risk; the  nature  and  circumstances  of  the
 factual  allegations in the case; whether the defendant has a history of
 witness intimidation or tampering 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 information; danger to any person  stemming
 from  factors  such  as  a  defendant'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  useful-
 ness of the discovery.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.