S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10680
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Griffin) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the timing of
   certain discovery
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Clause (A) of subparagraph (iv) of paragraph (a) of subdi-
 vision 1 of section 245.10 of the criminal procedure law, as amended  by
 section  1  of part HHH of chapter 56 of the laws of 2020, is amended to
 read as follows:
   (A) Portions of materials claimed to be non-discoverable may be  with-
 held  pending  a  determination  and  ruling  of the court under section
 245.70 of this article; but the defendant shall be notified  in  writing
 that  information  has not been disclosed under a particular subdivision
 of such section, and the discoverable portions of such  materials  shall
 be  disclosed  to  the  extent  practicable.  Information  related to or
 evidencing the identity of a 911 caller, the victim or  witness  of  ANY
 FELONY DEFINED UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR
 an  offense  defined under article one hundred thirty or sections 230.34
 and 230.34-a of the penal law, or any other victim or witness of a crime
 where the defendant has substantiated affiliation with a criminal enter-
 prise as defined in subdivision three of section 460.10 of the penal law
 may be withheld, provided, however, the defendant may move the court for
 disclosure.
   § 2. Paragraph (c) of subdivision 1 of section 245.20 of the  criminal
 procedure  law, as amended by section 2 of part HHH of chapter 56 of the
 laws of 2020, 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. Nothing in this para-
 graph  shall  require  the  disclosure  of physical addresses; provided,
 however, upon a motion and good cause shown the  court  may  direct  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14402-04-2
 A. 10680                            2
 
 disclosure  of  a  physical  address. Information under this subdivision
 relating to the identity of a 911 caller, the victim or witness  of  ANY
 FELONY DEFINED UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR
 an offense defined under article one hundred thirty or section 230.34 or
 230.34-a  of the penal law, any other victim or witness of a crime where
 the defendant has substantiated affiliation with a  criminal  enterprise
 as defined in subdivision three of section 460.10 of the penal law, or 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  other-
 wise for good cause shown.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.