BILL NUMBER: S7363

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to protecting
vulnerable witness and victim's contact information

 
PURPOSE:

To ensure privacy for vulnerable witnesses and victims of crimes.

 
SUMMARY OF PROVISIONS:

Section 1: Provides that the disclosure of names and contact information
for persons the court finds on the record are subject to potential
witness intimidation, violence or threats is not required.

Section 2: Provides the effective date.

 
              

EXISTING LAW:

The prosecution shall disclose to the defendant 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 potential defense thereto, unless a
protective order is granted.

 
JUSTIFICATION:

The 2019-2020 State Budget included major reforms to the discovery proc-
ess. Currently, the prosecution is required to disclose to a defendant
the names and contact information of anyone the prosecutor knows to have
information relevant to any offense charged or to any potential defense.
There are protections for law enforcement personnel and confidential
informants, but while prosecutors can seek a protective order for
witnesses after an arrest is made, they cannot assure witnesses who come
forward to help with an investigation that their anonymity will be
protected.

Concern over a witness's or victim's confidentiality is one of the
primary reasons for them to decline to cooperate in an investigation,
and understandably so. Victims and witnesses often fear that they could
face retaliation or further victimization if they cooperate with inves-
tigators, and without assurances that their anonymity will be protected,
the decision to cooperate is that much more difficult.  Thus, in addi-
tion to jeopardizing the safety of witnesses and victims who do decide
to cooperate, it may become significantly more difficult for investi-
gators to convince witnesses to help in their investigations.

Although the discovery reform laws were intended to ensure a fair trial
for defendants, some of these measures go too far and jeopardize the
safety of witnesses and victims. This legislation will help protect
victims and witnesses and ensure that those a court finds may be subject
to potential witness intimidation, violence or threats are able to
remain anonymous by providing an explicit exception for them from the
new discovery laws.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.