NY State Senate Bill 2019-S6928

Senate Bill S6928

2019-2020 Legislative Session

Relates to the nondisclosure of an individual reporting a violation of a local law or ordinance

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Dec 27, 2019	referred to rules

2019-S6928 (ACTIVE) - Details

See Assembly Version of this Bill:: A9109
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §245.20, CP L

2019-S6928 (ACTIVE) - Summary

Relates to the nondisclosure of an individual reporting a violation of a local law or ordinance.

2019-S6928 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6928

SPONSOR: GAUGHRAN
 
PURPOSE:

This bill allows for the anonymity of persons reporting violations of
local codes or ordinances.

 
SUMMARY OF PROVISIONS:

  Section one amends paragraph (a) of subdivision 1 of section 245.10 of
the  criminal  procedure  law,  creating an exception to the requirement
that the name and contact information of  all  persons  who  contributed
information  pertaining to the offense charged be disclosed to a defend-
ant. This exception would only apply to the prosecution  of  local  laws
and ordinances.

  Section two provides that this act shall take effect immediately.

 
JUSTIFICATION:

This  bill  would  allow  for  the  anonymity  of  a  person reporting a
violation of a local law or ordinance. By their very nature, the  prose-
cution  of  local laws and ordinances are different than the prosecution
of a criminal matter. Frequently, the only evidence that a local  attor-
ney has when initiating an investigation in to alleged violations is the
report  of  a  neighbor.  If  neighbors  can  no  longer  make anonymous
complaints, many will choose not to report violations at all, because of
the proximity in which they live to the accused and because of  fear  of
retaliation.

Deterring  the  reporting  of  code  and  ordinance violations will only
result in a decrease in the quality of life for the very  people  th  at
these  codes and ordinances were meant to protect. Creating an exception
to the discovery rule for these types of actions, which typically do not
result in jail time, will ensure  that  people  still  feel  comfortable
making reports.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None to the State and potential cost savings for local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6928 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6928
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             December 27, 2019
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law, in relation to  the  nondis-
   closure of an individual reporting a violation of a local law or ordi-
   nance

   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  whom  the  prosecutor  knows  to have
 evidence or information relevant to any offense charged or to any poten-
 tial defense thereto, including a designation by the  prosecutor  as  to
 which  of  those  persons may be called as witnesses; PROVIDED, HOWEVER,
 NOTHING IN THIS PARAGRAPH SHALL REQUIRE THE DISCLOSURE OF  THE  NAME  OR
 CONTACT  INFORMATION FOR ANY INDIVIDUAL REPORTING A VIOLATION OF A LOCAL
 LAW OR ORDINANCE. 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. This act shall take effect immediately; provided, however that if
 section  2  of part LLL of chapter 59 of the laws of 2019 shall not have
 taken effect on or before such date, then section one of this act  shall
 take effect on the same date and in the same manner as such section 2 of
 part LLL of chapter 59 of the laws of 2019, takes effect.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14504-01-9

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