NY State Senate Bill 2021-S4258

Senate Bill S4258

2021-2022 Legislative Session

Relates to requiring affirmative consent for the disclosure of contact information of witnesses to a defendant

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Feb 03, 2021	referred to codes

co-Sponsors

2021-S4258 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §245.20, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7133
2023-2024: S3272

2021-S4258 (ACTIVE) - Summary

Requires affirmative consent for the disclosure of contact information of witnesses to a defendant and provides that denial of such consent shall only be for good cause as determined by the court.

2021-S4258 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4258

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring
affirmative consent for the disclosure of contact information of
witnesses to a defendant

 
PURPOSE:

The purpose of this bill is to allow the witness to a crime to decide
whether their personal information may be shared with defense counsel or
the individual(s) accused of having committed a crime.

 
SUMMARY OF PROVISIONS:

Section 1 provides that law enforcement personnel conducting the initial
interview of someone who has evidence or information relevant to an
offense for which someone will be charged with a crime must request
whether or not such witness is comfortable with their personal informa-

tion being disclosed to the defense. A witness must provide a justifica-
tion for why they do not wish to have their information shared with the
defense.

Section 2 marks the effective date.

 
JUSTIFICATION:

The hastily enacted criminal justice reforms of 2019 have jeopardized
the safety of New York's communities. One of the more disconcerting
policies enacted as part of these sweeping changes is the disclosure of
personal information related to a witness to a crime to the defense and
the accused. Such a policy has the potential to lead to witness intim-
idation via the accused or their associates. This could have a crippling
effect on cases presented by district attorneys, as well as a chilling
effect on the willingness of witnesses to come forward to identify them-
selves to law enforcement and prosecutors.

While it is true that the disclosure of a physical address tied to a
witness is not to be automatically revealed to the defense or the
accused, such information can be achieved through other forms of iden-
tification that will be disclosed. Additionally, witness intimidation is
not solely limited to an in-person confrontation between the accused and
a witness; witness intimidation can occur by way of traditional means of
communication, as well as via associates of an accused individual.

It is important that the state provide a witness to a crime the ability
to prevent personally identifiable information from being shared with
the defense or the accused, if they feel that their safety or the safety
of their loved ones is jeopardized through the reporting of such infor-
mation. This bill would provide for a witness to state to law enforce-
ment that they are either comfortable with the release of their personal
information or whether they are concerned that such disclosure would
jeopardize their safety or the safety of those around them. A justifica-
tion must be provided to law enforcement at that time and is subject to
review by a judge.

 
LEGISLATIVE HISTORY:
2020 - S.7133 - Codes Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S4258 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4258
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sens.  GRIFFO, AKSHAR, TEDISCO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   affirmative  consent  for  the  disclosure  of  contact information of
   witnesses to a defendant

   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 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 WHO HAVE GIVEN AFFIRMATIVE CONSENT FOR SUCH DISCLO-
 SURE  OF HIS OR HER CONTACT INFORMATION OR HAVE BEEN DENIED A PROTECTIVE
 ORDER PURSUANT TO SECTION 245.70 OF THIS  ARTICLE,  including  a  desig-
 nation  by  the prosecutor as to which of those persons may be called as
 witnesses.  AFFIRMATIVE CONSENT TO DISCLOSE CONTACT INFORMATION SHALL BE
 REQUESTED BY LAW ENFORCEMENT PERSONNEL CONDUCTING THE INITIAL  INTERVIEW
 OF  PERSONS  WHO  HAVE  EVIDENCE  OR INFORMATION RELEVANT TO ANY OFFENSE
 CHARGED OR TO ANY POTENTIAL DEFENSE  THERETO.  A  PERSON  WHO  DOES  NOT
 PROVIDE  AFFIRMATIVE CONSENT FOR DISCLOSURE OF HIS OR HER CONTACT INFOR-
 MATION SHALL PROVIDE GOOD CAUSE FOR SUCH  DENIAL,  AND  THE  PROSECUTION
 SHALL MAKE A MOTION FOR A PROTECTIVE ORDER PURSUANT TO SECTION 245.70 OF
 THIS  ARTICLE  ON  THE  BEHALF OF SUCH PERSON. 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. Information under this  subdivision  relating  to
 the  identity  of  a  911  caller,  the  victim or witness of 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04430-01-1

 S. 4258                             2
 
 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.
   § 2. This act shall take effect immediately.

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Senate Bill S4258

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Sponsored By

Joseph A. Griffo