Senate Bill S4258

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

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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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

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.
              

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