S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1320
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT to amend the family court act and the judiciary law, in relation
   to  the  discovery  provisions  applicable  to  juvenile   delinquency
   proceedings  in  family court; and to repeal certain provisions of the
   family court act relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 331.1, 331.2, 331.3, 331.4, 331.5, 331.6 and 331.7
 of the family court act are REPEALED.
   §  2.  The family court act is amended by adding thirteen new sections
 331.1, 331.2, 331.3, 331.4, 331.5, 331.6, 331.7, 331.8,  331.9,  331.10,
 331.11, 331.12 and 331.13 to read as follows:
   §  331.1.  INITIAL  APPEARANCE.  1.  DISCLOSURE.  AT  THE RESPONDENT'S
 INITIAL APPEARANCE, AS DEFINED IN SECTION 320.1 OF THIS ARTICLE, IF  THE
 COURT  DIRECTS  DETENTION PURSUANT TO SUBDIVISION THREE OF SECTION 320.5
 OF THIS ARTICLE, THE PRESENTMENT AGENCY SHALL FORTHWITH DISCLOSE TO  THE
 RESPONDENT, AND PERMIT THE RESPONDENT TO DISCOVER, INSPECT, COPY, PHOTO-
 GRAPH  AND  TEST,  ALL ITEMS AND INFORMATION SET FORTH IN PARAGRAPHS (A)
 THROUGH (U) OF SUBDIVISION ONE OF SECTION 331.3 OF THIS  PART  THAT  ARE
 WITHIN  THE  PRESENTMENT  AGENCY'S POSSESSION AT THE TIME OF THE INITIAL
 APPEARANCE. IF THE COURT DOES  NOT  DIRECT  DETENTION,  THE  PRESENTMENT
 AGENCY SHALL DISCLOSE TO THE RESPONDENT:
   (A)  ANY  POLICE  OR  OTHER LAW ENFORCEMENT AGENCY REPORTS AND WRITTEN
 WITNESS STATEMENTS  RELATING  TO  THE  JUVENILE  DELINQUENCY  PROCEEDING
 AGAINST   THE  RESPONDENT  THAT  ARE  WITHIN  THE  PRESENTMENT  AGENCY'S
 POSSESSION AT THAT TIME;
   (B)  ELECTRONIC  RECORDINGS  RELATING  TO  THE  JUVENILE   DELINQUENCY
 PROCEEDING  AGAINST THE RESPONDENT THAT ARE WITHIN THE PRESENTMENT AGEN-
 CY'S POSSESSION AT THAT TIME, IN ACCORDANCE WITH PARAGRAPH (G) OF SUBDI-
 VISION ONE OF SECTION 331.3 OF THIS PART; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05294-01-3
              

 A. 1320                             2
 
   (C) EXCULPATORY INFORMATION KNOWN TO THE PRESENTMENT  AGENCY  AT  THAT
 TIME.
   (D) WHERE THE CHARGES WERE REMOVED FROM A YOUTH PART PURSUANT TO ARTI-
 CLE  SEVEN  HUNDRED  TWENTY-FIVE  OF  THE CRIMINAL PROCEDURE LAW AND THE
 ATTORNEY FOR THE CHILD DID NOT REPRESENT THE  RESPONDENT  IN  THE  YOUTH
 PART, ALL DISCOVERY MATERIAL PREVIOUSLY PROVIDED PURSUANT TO ARTICLE TWO
 HUNDRED FORTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
   2. COPY OF RECORDS. IF IN THE EXERCISE OF REASONABLE DILIGENCE AND DUE
 TO  THE  LIMITED  AVAILABILITY  OF  RESOURCES FOR DOWNLOADING OR COPYING
 RECORDINGS, A COPY OF AN ELECTRONIC RECORDING  DISCOVERABLE  UNDER  THIS
 SECTION  IS  UNAVAILABLE AT THE INITIAL APPEARANCE, A COPY SHALL BE MADE
 AND DISCLOSED TO THE RESPONDENT AS SOON AS  PRACTICABLE  BUT  NOT  LATER
 THAN FIVE CALENDAR DAYS AFTER THE INITIAL APPEARANCE, PROVIDED, HOWEVER,
 THAT  IF  THE RESPONDENT IS IN DETENTION, A COPY SHALL BE MADE NOT LATER
 THAN THREE DAYS AFTER THE INITIAL APPEARANCE.    PORTIONS  OF  MATERIALS
 UNDER  THIS SECTION CLAIMED TO BE NON-DISCOVERABLE MAY BE WITHHELD PEND-
 ING A PROMPT REQUEST BY THE PRESENTMENT AGENCY FOR A  DETERMINATION  AND
 RULING OF THE COURT UNDER SECTION 331.11 OF THIS PART; BUT THE DISCOVER-
 ABLE PORTIONS OF SUCH MATERIALS SHALL BE DISCLOSED TO THE EXTENT PRACTI-
 CABLE.
   §  331.2.  TIMING  OF  DISCOVERY  AFTER  THE  INITIAL  APPEARANCE.  1.
 PRESENTMENT AGENCY'S PERFORMANCE OF  OBLIGATIONS.  (A)  THE  PRESENTMENT
 AGENCY SHALL PERFORM ITS INITIAL DISCOVERY OBLIGATIONS UNDER SUBDIVISION
 ONE  OF  SECTION 331.3 OF THIS PART AS SOON AS PRACTICABLE BUT NOT LATER
 THAN FIFTEEN CALENDAR DAYS AFTER THE RESPONDENT'S INITIAL APPEARANCE OR,
 IF THE RESPONDENT IS IN DETENTION, NOT LATER THAN THREE  DAYS  PRIOR  TO
 THE  FIRST  SCHEDULED FACT-FINDING HEARING DATE, OR SEVEN DAYS AFTER THE
 INITIAL APPEARANCE, WHICHEVER IS EARLIER. PORTIONS OF MATERIALS  CLAIMED
 TO  BE  NON-DISCOVERABLE  MAY  BE  WITHHELD  PENDING A DETERMINATION AND
 RULING OF THE COURT UNDER SECTION 331.11 OF THIS PART; BUT THE  RESPOND-
 ENT SHALL BE NOTIFIED IN WRITING THAT INFORMATION HAS NOT BEEN DISCLOSED
 UNDER  A  PARTICULAR  SUBDIVISION  OF THIS SECTION, AND THE DISCOVERABLE
 PORTIONS OF SUCH MATERIALS SHALL BE DISCLOSED TO THE EXTENT PRACTICABLE.
 WHEN THE DISCOVERABLE MATERIALS ARE EXCEPTIONALLY VOLUMINOUS,  THE  TIME
 PERIODS  IN  THIS  PARAGRAPH  MAY  BE  STAYED BY UP TO AN ADDITIONAL TEN
 CALENDAR DAYS OR, IF THE RESPONDENT IS IN DETENTION, UP TO AN ADDITIONAL
 PERIOD OF THREE DAYS WITHOUT NEED FOR A MOTION PURSUANT  TO  SUBDIVISION
 TWO OF SECTION 331.11 OF THIS PART.
   (B)  THE  PRESENTMENT  AGENCY SHALL PERFORM ITS SUPPLEMENTAL DISCOVERY
 OBLIGATIONS UNDER SUBDIVISION THREE OF SECTION 331.3  OF  THIS  PART  AS
 SOON  AS  PRACTICABLE  BUT NOT LATER THAN FIFTEEN CALENDAR DAYS PRIOR TO
 THE FIRST SCHEDULED FACT-FINDING HEARING DATE, UNLESS THE RESPONDENT  IS
 IN  DETENTION,  IN  WHICH  CASE THE PRESENTMENT AGENCY SHALL FULFILL ITS
 SUPPLEMENTAL DISCOVERY OBLIGATIONS NOT LATER THAN THREE  DAYS  PRIOR  TO
 THE FIRST SCHEDULED FACT-FINDING HEARING DATE.
   2.  RESPONDENT'S  PERFORMANCE  OF  OBLIGATIONS.  THE  RESPONDENT SHALL
 PERFORM HIS OR HER  DISCOVERY  OBLIGATIONS  UNDER  SUBDIVISION  FOUR  OF
 SECTION  331.3  OF  THIS  PART  NOT LATER THAN TWENTY-FIVE CALENDAR DAYS
 AFTER BEING SERVED WITH THE PRESENTMENT AGENCY'S CERTIFICATE OF  COMPLI-
 ANCE  PURSUANT  TO  SUBDIVISION TWO OF SECTION 331.6 OF THIS PART OR NOT
 LATER THAN THREE DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING  HEARING
 DATE, WHICHEVER IS EARLIER. PORTIONS OF MATERIALS CLAIMED TO BE NON-DIS-
 COVERABLE  MAY  BE  WITHHELD  PENDING  A DETERMINATION AND RULING OF THE
 COURT UNDER SECTION 331.11 OF THIS  PART;  BUT  THE  PRESENTMENT  AGENCY
 SHALL  BE  NOTIFIED  IN  WRITING THAT INFORMATION HAS NOT BEEN DISCLOSED
 UNDER A PARTICULAR SECTION.
 A. 1320                             3
 
   3. TIMING ADJUSTMENT. THE TIME PERIODS IN THIS SECTION MAY BE ADJUSTED
 BY THE COURT UPON A FINDING OF GOOD CAUSE BASED UPON THE  NEEDS  OF  THE
 CASE, THE DETENTION STATUS OF THE RESPONDENT AND THE NEED FOR A FAIR AND
 EXPEDITIOUS RESOLUTION OF THE PROCEEDING.
   § 331.3. AUTOMATIC DISCOVERY. 1. INITIAL DISCOVERY FOR THE RESPONDENT.
 THE  PRESENTMENT AGENCY SHALL DISCLOSE TO THE RESPONDENT, AND PERMIT THE
 RESPONDENT TO DISCOVER, INSPECT, COPY, PHOTOGRAPH AND  TEST,  ALL  ITEMS
 AND INFORMATION THAT RELATE TO THE SUBJECT MATTER OF THE CASE AND ARE IN
 THE  POSSESSION, CUSTODY OR CONTROL OF THE PRESENTMENT AGENCY OR PERSONS
 UNDER THE PRESENTMENT AGENCY'S DIRECTION OR CONTROL, INCLUDING  BUT  NOT
 LIMITED TO:
   (A)  ALL WRITTEN OR RECORDED STATEMENTS, AND THE SUBSTANCE OF ALL ORAL
 STATEMENTS, MADE BY THE RESPONDENT OR A CO-RESPONDENT TO A PUBLIC  SERV-
 ANT ENGAGED IN LAW ENFORCEMENT ACTIVITY OR TO A PERSON THEN ACTING UNDER
 HIS OR HER DIRECTION OR IN COOPERATION WITH HIM OR HER.
   (B)  ALL  TRANSCRIPTS  OF  THE TESTIMONY OF A PERSON WHO HAS TESTIFIED
 BEFORE A GRAND JURY IN A RELATED CRIMINAL PROCEEDING, INCLUDING BUT  NOT
 LIMITED  TO  THE  RESPONDENT  OR A CO-RESPONDENT. THE PRESENTMENT AGENCY
 SHALL REQUEST THAT THE PROSECUTOR OF THE MATTER BEFORE  THE  GRAND  JURY
 PROVIDE  A TRANSCRIPT OF THE TESTIMONY AND, UPON RECEIPT OF THE REQUEST,
 THE PROSECUTOR SHALL PROMPTLY APPLY TO THE APPROPRIATE  CRIMINAL  COURT,
 WITH  WRITTEN NOTICE TO THE PRESENTMENT AGENCY AND THE RESPONDENT, FOR A
 WRITTEN ORDER PURSUANT TO SECTION THREE HUNDRED TWENTY-FIVE OF THE JUDI-
 CIARY LAW RELEASING A TRANSCRIPT TO THE  PRESENTMENT  AGENCY;  PROVIDED,
 HOWEVER,  THAT  THE  TRANSCRIPTS OF THE GRAND JURY PROCEEDINGS IN A CASE
 REMOVED FROM THE YOUTH PART PURSUANT TO ARTICLE  SEVEN  HUNDRED  TWENTY-
 FIVE  OF  THE CRIMINAL PROCEDURE LAW SHALL BE ANNEXED TO THE PETITION OR
 TRANSFERRED TO THE FAMILY COURT IN ACCORDANCE WITH SUBDIVISION SEVEN  OF
 SECTION  311.1  OF  THIS ARTICLE. IF IN THE EXERCISE OF REASONABLE DILI-
 GENCE, AND DUE TO THE LIMITED AVAILABILITY OF TRANSCRIPTION RESOURCES, A
 TRANSCRIPT IS UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME  PERIOD  SPECI-
 FIED  IN SUBDIVISION ONE OF SECTION 331.2 OF THIS PART, SUCH TIME PERIOD
 MAY BE STAYED BY UP TO AN ADDITIONAL FIFTEEN CALENDAR DAYS  OR,  IF  THE
 RESPONDENT  IS IN DETENTION, AN ADDITIONAL PERIOD OF THREE DAYS, WITHOUT
 NEED FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 331.11 OF  THIS
 PART;  PROVIDED,  HOWEVER, THAT SUCH DISCLOSURE SHALL BE MADE AS SOON AS
 PRACTICABLE AND NOT LATER THAN FIFTEEN CALENDAR DAYS PRIOR TO THE  FIRST
 SCHEDULED  FACT-FINDING  HEARING  DATE,  UNLESS  THE  RESPONDENT  IS  IN
 DETENTION, IN WHICH CASE SUCH DISCLOSURE SHALL BE MADE  NOT  LATER  THAN
 THREE  DAYS  PRIOR  TO  THE  FIRST  SCHEDULED FACT-FINDING HEARING DATE,
 UNLESS AN ORDER IS OBTAINED PURSUANT TO SECTION  331.11  OF  THIS  PART.
 WHEN  THE  COURT  IS  REQUIRED  TO  REVIEW  GRAND  JURY TRANSCRIPTS, THE
 PRESENTMENT AGENCY SHALL DISCLOSE SUCH TRANSCRIPTS TO  THE  COURT  EXPE-
 DITIOUSLY  UPON  RECEIPT  BY  SUCH AGENCY, NOTWITHSTANDING THE OTHERWISE
 APPLICABLE TIME PERIODS FOR DISCLOSURE IN THIS PART.
   (C) THE NAMES OF, AND ADEQUATE ALTERNATIVE  CONTACT  INFORMATION  FOR,
 ALL  PERSONS  OTHER  THAN LAW ENFORCEMENT PERSONNEL WHOM THE PRESENTMENT
 AGENCY KNOWS TO HAVE EVIDENCE OR INFORMATION  RELEVANT  TO  ANY  ACT  OF
 JUVENILE  DELINQUENCY  CHARGED  OR  TO  ANY  POTENTIAL  DEFENSE THERETO,
 INCLUDING A DESIGNATION BY THE PRESENTMENT AGENCY AS TO WHICH  OF  THOSE
 PERSONS  MAY  BE  CALLED  AS  WITNESSES. 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 RESIDENCE. INFORMATION UNDER THIS  SUBDIVISION  RELATING  TO  A
 CONFIDENTIAL  INFORMANT  MAY  BE  WITHHELD,  AND REDACTED FROM DISCOVERY
 MATERIALS, WITHOUT NEED FOR A MOTION PURSUANT TO SECTION 331.11 OF  THIS
 A. 1320                             4
 
 PART;  BUT THE PRESENTMENT AGENCY SHALL NOTIFY THE RESPONDENT IN WRITING
 THAT SUCH INFORMATION HAS NOT BEEN DISCLOSED,  UNLESS  THE  COURT  RULES
 OTHERWISE FOR GOOD CAUSE SHOWN.
   (D)  THE  NAME  AND  WORK AFFILIATION OF ALL LAW ENFORCEMENT PERSONNEL
 WHOM THE PRESENTMENT AGENCY KNOWS TO HAVE EVIDENCE OR INFORMATION  RELE-
 VANT TO ANY OFFENSE CHARGED OR TO ANY POTENTIAL DEFENSE THERETO, INCLUD-
 ING A DESIGNATION BY THE PRESENTMENT AGENCY AS TO WHICH OF THOSE PERSONS
 MAY  BE CALLED AS WITNESSES. INFORMATION UNDER THIS SUBDIVISION RELATING
 TO UNDERCOVER PERSONNEL MAY BE WITHHELD,  AND  REDACTED  FROM  DISCOVERY
 MATERIALS,  WITHOUT NEED FOR A MOTION PURSUANT TO SECTION 331.11 OF THIS
 PART; BUT THE PRESENTMENT AGENCY SHALL NOTIFY THE RESPONDENT IN  WRITING
 THAT  SUCH  INFORMATION  HAS  NOT BEEN DISCLOSED, UNLESS THE COURT RULES
 OTHERWISE FOR GOOD CAUSE SHOWN.
   (E) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
 OR  RECORDING, MADE BY PERSONS WHO HAVE EVIDENCE OR INFORMATION RELEVANT
 TO ANY OFFENSE CHARGED OR TO ANY POTENTIAL  DEFENSE  THERETO,  INCLUDING
 ALL  POLICE  REPORTS,  NOTES  OF POLICE AND OTHER INVESTIGATORS, AND LAW
 ENFORCEMENT AGENCY REPORTS. THIS  PROVISION  ALSO  INCLUDES  STATEMENTS,
 WRITTEN  OR  RECORDED  OR  SUMMARIZED  IN  ANY  WRITING OR RECORDING, BY
 PERSONS TO BE CALLED AS WITNESSES AT PRE-FACT-FINDING HEARINGS.
   (F) EXPERT OPINION EVIDENCE, INCLUDING  THE  NAME,  BUSINESS  ADDRESS,
 CURRENT  CURRICULUM  VITAE,  A LIST OF PUBLICATIONS, AND ALL PROFICIENCY
 TESTS AND RESULTS ADMINISTERED OR TAKEN IN  THE  CURRENT  EMPLOYMENT  OR
 WITHIN  THE  PAST TEN YEARS, WHICHEVER IS LONGER, OF EACH EXPERT WITNESS
 WHOM THE PRESENTMENT AGENCY INTENDS TO CALL AS A WITNESS  AT  THE  FACT-
 FINDING  HEARING  OR  AT  A  PRE-TRIAL  MOTION  HEARING, AND ALL REPORTS
 PREPARED BY THE EXPERT THAT PERTAIN TO THE CASE,  OR  IF  NO  REPORT  IS
 PREPARED,  A  WRITTEN  STATEMENT  OF THE FACTS AND OPINIONS TO WHICH THE
 EXPERT IS EXPECTED TO TESTIFY AND A SUMMARY  OF  THE  GROUNDS  FOR  EACH
 OPINION.  IF IN THE EXERCISE OF REASONABLE DILIGENCE THIS INFORMATION IS
 UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED IN  SUBDIVI-
 SION  ONE  OF  SECTION  331.2  OF THIS PART, THAT PERIOD SHALL BE STAYED
 WITHOUT NEED FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION  331.11
 OF  THIS  PART;  EXCEPT  THAT  THE  PRESENTMENT  AGENCY SHALL NOTIFY THE
 RESPONDENT IN WRITING THAT SUCH INFORMATION HAS NOT BEEN DISCLOSED,  AND
 SUCH  DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN
 FIFTEEN CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING  HEARING
 DATE,  OR,  IF THE RESPONDENT IS IN DETENTION, NOT LATER THAN THREE DAYS
 PRIOR TO THE FIRST SCHEDULED FACT-FINDING HEARING DATE, UNLESS AN  ORDER
 IS  OBTAINED  PURSUANT TO SECTION 331.11 OF THIS PART. WHEN THE PRESENT-
 MENT AGENCY'S EXPERT WITNESS IS BEING CALLED IN RESPONSE  TO  DISCLOSURE
 OF  AN  EXPERT WITNESS BY THE RESPONDENT, THE COURT SHALL ALTER A SCHED-
 ULED FACT-FINDING HEARING DATE, IF NECESSARY, TO ALLOW  THE  PRESENTMENT
 AGENCY  FIFTEEN  CALENDAR DAYS TO MAKE THE DISCLOSURE AND THE RESPONDENT
 FIFTEEN CALENDAR DAYS TO PREPARE  AND  RESPOND  TO  THE  NEW  MATERIALS,
 UNLESS THE RESPONDENT IS IN DETENTION, IN WHICH CASE THE COURT MAY ALTER
 THE  SCHEDULED  FACT-FINDING  HEARING  DATE,  IF NECESSARY, TO ALLOW THE
 PRESENTMENT AGENCY AN ADDITIONAL THREE DAYS TO MAKE THE  DISCLOSURE  AND
 THE RESPONDENT THREE DAYS TO PREPARE AND RESPOND TO THE NEW MATERIALS.
   (G) ALL TAPES OR OTHER ELECTRONIC RECORDINGS, INCLUDING ALL ELECTRONIC
 RECORDINGS  OF  911  TELEPHONE CALLS MADE OR RECEIVED IN CONNECTION WITH
 THE ALLEGED INCIDENT OF JUVENILE DELINQUENCY, AND A DESIGNATION  BY  THE
 PRESENTMENT  AGENCY  AS  TO WHICH OF THE RECORDINGS UNDER THIS PARAGRAPH
 THE PRESENTMENT AGENCY INTENDS TO INTRODUCE AT FACT-FINDING HEARING OR A
 PRE-TRIAL MOTION HEARING. IF THE DISCOVERABLE MATERIALS UNDER THIS PARA-
 GRAPH EXCEED TEN HOURS IN  TOTAL  LENGTH,  THE  PRESENTMENT  AGENCY  MAY
 A. 1320                             5
 
 DISCLOSE  ONLY THE RECORDINGS THAT IT INTENDS TO INTRODUCE AT FACT-FIND-
 ING HEARING OR A PRE-FACT-FINDING HEARING, ALONG  WITH  A  LIST  OF  THE
 SOURCE  AND  APPROXIMATE  QUANTITY OF OTHER RECORDINGS AND THEIR GENERAL
 SUBJECT  MATTER  IF  KNOWN, AND THE RESPONDENT SHALL HAVE THE RIGHT UPON
 REQUEST TO OBTAIN RECORDINGS NOT PREVIOUSLY DISCLOSED.  THE  PRESENTMENT
 AGENCY SHALL DISCLOSE THE REQUESTED MATERIALS AS SOON AS PRACTICABLE AND
 NOT  LESS THAN FIFTEEN CALENDAR DAYS AFTER THE RESPONDENT'S REQUEST, OR,
 IF THE RESPONDENT IS IN DETENTION, NOT LESS THAN THREE  DAYS  AFTER  THE
 RESPONDENT'S  REQUEST,  UNLESS  AN ORDER IS OBTAINED PURSUANT TO SECTION
 331.11 OF THIS PART.
   (H) ALL PHOTOGRAPHS AND DRAWINGS MADE OR COMPLETED BY A PUBLIC SERVANT
 ENGAGED IN LAW ENFORCEMENT ACTIVITY, OR WHICH WERE MADE BY A PERSON WHOM
 THE PRESENTMENT AGENCY INTENDS TO CALL AS A WITNESS AT FACT-FINDING OR A
 PRE-TRIAL MOTION HEARING OR WHICH RELATE TO THE SUBJECT  MATTER  OF  THE
 PROCEEDING.
   (I)  ALL  PHOTOGRAPHS, PHOTOCOPIES AND REPRODUCTIONS MADE BY OR AT THE
 DIRECTION OF LAW ENFORCEMENT PERSONNEL OF  ANY  PROPERTY  PRIOR  TO  ITS
 RELEASE.
   (J)  ALL  REPORTS, DOCUMENTS, RECORDS, DATA, CALCULATIONS OR WRITINGS,
 INCLUDING BUT NOT LIMITED TO PRELIMINARY TESTS AND SCREENING RESULTS AND
 BENCH NOTES AND ANALYSES PERFORMED OR STORED ELECTRONICALLY,  CONCERNING
 PHYSICAL  OR  MENTAL EXAMINATIONS, OR SCIENTIFIC TESTS OR EXPERIMENTS OR
 COMPARISONS, RELATING TO THE JUVENILE DELINQUENCY PROCEEDING WHICH  WERE
 MADE  BY  OR  AT THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN
 LAW ENFORCEMENT ACTIVITY, OR WHICH  WERE  MADE  BY  A  PERSON  WHOM  THE
 PRESENTMENT  AGENCY  INTENDS  TO  CALL AS A WITNESS AT FACT-FINDING OR A
 PRE-TRIAL MOTION HEARING, OR WHICH THE  PRESENTMENT  AGENCY  INTENDS  TO
 INTRODUCE  AT  FACT-FINDING  OR A PRE-TRIAL MOTION HEARING.  INFORMATION
 UNDER THIS PARAGRAPH ALSO INCLUDES, BUT IS NOT  LIMITED  TO,  LABORATORY
 INFORMATION  MANAGEMENT  SYSTEM  RECORDS RELATING TO SUCH MATERIALS, ANY
 PRELIMINARY OR FINAL FINDINGS  OF  NON-CONFORMANCE  WITH  ACCREDITATION,
 INDUSTRY  OR  GOVERNMENTAL  STANDARDS  OR  LABORATORY PROTOCOLS, AND ANY
 CONFLICTING ANALYSES OR RESULTS BY LABORATORY  PERSONNEL  REGARDLESS  OF
 THE  LABORATORY'S  FINAL  ANALYSIS OR RESULTS. IF THE PRESENTMENT AGENCY
 SUBMITTED ONE OR MORE ITEMS FOR TESTING TO, OR RECEIVED RESULTS FROM,  A
 FORENSIC  SCIENCE LABORATORY OR SIMILAR ENTITY NOT UNDER THE PRESENTMENT
 AGENCY'S DIRECTION OR CONTROL, THE COURT ON  MOTION  OF  A  PARTY  SHALL
 ISSUE  SUBPOENAS OR ORDERS TO SUCH LABORATORY OR ENTITY TO CAUSE MATERI-
 ALS UNDER THIS PARAGRAPH TO BE MADE AVAILABLE FOR DISCLOSURE.
   (K) ALL EVIDENCE AND INFORMATION, INCLUDING THAT  WHICH  IS  KNOWN  TO
 POLICE  OR  OTHER  LAW  ENFORCEMENT  AGENCIES ACTING ON THE GOVERNMENT'S
 BEHALF IN THE CASE, THAT TENDS TO: (I) NEGATE THE RESPONDENT'S GUILT  AS
 TO  A  CHARGED ACT OF JUVENILE DELINQUENCY; (II) REDUCE THE DEGREE OF OR
 MITIGATE THE RESPONDENT'S CULPABILITY AS TO A CHARGED  ACT  OF  JUVENILE
 DELINQUENCY; (III) SUPPORT A POTENTIAL DEFENSE TO A CHARGED ACT OF JUVE-
 NILE  DELINQUENCY; (IV) IMPEACH THE CREDIBILITY OF A TESTIFYING PRESENT-
 MENT AGENCY WITNESS; (V) UNDERMINE EVIDENCE OF THE RESPONDENT'S IDENTITY
 AS A PERPETRATOR OF A CHARGED ACT OF JUVENILE DELINQUENCY; (VI)  PROVIDE
 A  BASIS  FOR  A  MOTION  TO  SUPPRESS  EVIDENCE;  OR (VII) MITIGATE THE
 RESTRICTIVENESS OF THE DISPOSITION. INFORMATION UNDER  THIS  SUBDIVISION
 SHALL BE DISCLOSED WHETHER OR NOT SUCH INFORMATION IS RECORDED IN TANGI-
 BLE  FORM AND IRRESPECTIVE OF WHETHER THE PRESENTMENT AGENCY CREDITS THE
 INFORMATION. THE PRESENTMENT AGENCY SHALL DISCLOSE THE INFORMATION EXPE-
 DITIOUSLY UPON ITS RECEIPT AND SHALL  NOT  DELAY  DISCLOSURE  IF  IT  IS
 OBTAINED  EARLIER THAN THE TIME PERIOD FOR DISCLOSURE IN SUBDIVISION ONE
 OF SECTION 331.2 OF THIS PART.
 A. 1320                             6
 
   (L) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO, OR  IN
 FAVOR  OF,  PERSONS  WHO MAY BE CALLED AS WITNESSES, AS WELL AS REQUESTS
 FOR CONSIDERATION BY PERSONS WHO MAY BE CALLED AS WITNESSES  AND  COPIES
 OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT.
   (M)  A  LIST  OF  ALL  TANGIBLE  OBJECTS  OBTAINED  FROM, OR ALLEGEDLY
 POSSESSED BY, THE RESPONDENT OR A CO-RESPONDENT. THE LIST SHALL  INCLUDE
 A  DESIGNATION  BY THE PRESENTMENT AGENCY AS TO WHICH OBJECTS WERE PHYS-
 ICALLY OR CONSTRUCTIVELY POSSESSED BY THE RESPONDENT AND WERE  RECOVERED
 DURING  A SEARCH OR SEIZURE BY A PUBLIC SERVANT OR AN AGENT THEREOF, AND
 WHICH TANGIBLE OBJECTS WERE RECOVERED BY A PUBLIC SERVANT  OR  AN  AGENT
 THEREOF  AFTER  ALLEGEDLY  BEING  ABANDONED  BY  THE  RESPONDENT. IF THE
 PRESENTMENT AGENCY INTENDS TO PROVE THE RESPONDENT'S POSSESSION  OF  ANY
 TANGIBLE  OBJECTS  BY MEANS OF A STATUTORY PRESUMPTION OF POSSESSION, IT
 SHALL DESIGNATE SUCH INTENTION AS TO EACH  SUCH  OBJECT.  IF  REASONABLY
 PRACTICABLE,  THE  PRESENTMENT  AGENCY SHALL ALSO DESIGNATE THE LOCATION
 FROM WHICH EACH TANGIBLE OBJECT WAS RECOVERED. THERE IS ALSO A RIGHT  TO
 INSPECT, COPY, PHOTOGRAPH AND TEST THE LISTED TANGIBLE OBJECTS.
   (N)  WHETHER  A  SEARCH  WARRANT  HAS  BEEN EXECUTED AND ALL DOCUMENTS
 RELATING THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANT, THE  WARRANT
 APPLICATION,  SUPPORTING  AFFIDAVITS, A POLICE INVENTORY OF ALL PROPERTY
 SEIZED UNDER THE WARRANT, AND A TRANSCRIPT OF  ALL  TESTIMONY  OR  OTHER
 ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT APPLICATION.
   (O)  ALL  TANGIBLE  PROPERTY THAT RELATES TO THE SUBJECT MATTER OF THE
 CASE, ALONG WITH A DESIGNATION OF WHICH  ITEMS  THE  PRESENTMENT  AGENCY
 INTENDS  TO INTRODUCE IN ITS CASE-IN-CHIEF AT FACT-FINDING HEARING OR AT
 A PRE-TRIAL MOTION HEARING. IF IN THE EXERCISE OF  REASONABLE  DILIGENCE
 THE PRESENTMENT AGENCY HAS NOT FORMED AN INTENTION WITHIN THE TIME PERI-
 OD  SPECIFIED  IN  SUBDIVISION ONE OF SECTION 331.2 OF THIS PART THAT AN
 ITEM UNDER THIS PARAGRAPH WILL BE INTRODUCED AT FACT-FINDING HEARING  OR
 AT  A  PRE-TRIAL MOTION HEARING, THE PRESENTMENT AGENCY SHALL NOTIFY THE
 RESPONDENT IN WRITING, AND THE TIME PERIOD IN WHICH TO  DESIGNATE  ITEMS
 AS EXHIBITS SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SUBDI-
 VISION  TWO  OF SECTION 331.11 OF THIS PART; BUT THE DISCLOSURE SHALL BE
 MADE AS SOON AS PRACTICABLE, BUT NOT LATER THAN  FIFTEEN  CALENDAR  DAYS
 PRIOR  TO  THE  FIRST  SCHEDULED  FACT-FINDING  HEARING DATE, UNLESS THE
 RESPONDENT IS IN DETENTION, IN WHICH CASE SUCH DISCLOSURE SHALL BE  MADE
 NO LATER THAN THREE DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING HEAR-
 ING DATE. ALL PROPERTY UNDER THIS PARAGRAPH IS SUBJECT TO THE CONTINUING
 DUTY TO DISCLOSE PURSUANT TO SECTION 331.9 OF THIS PART.
   (P) THE RESULTS OF COMPLETE CHECKS OF JUVENILE DELINQUENCY FINGERPRINT
 RECORDS  OR  CRIMINAL  HISTORY  RECORDS,  AS  APPLICABLE, AS WELL AS ANY
 HISTORY OF JUVENILE DELINQUENCY ADJUDICATIONS KNOWN TO  THE  PRESENTMENT
 AGENCY AND NOT SEALED, FOR ALL RESPONDENTS AND ALL PERSONS DESIGNATED AS
 POTENTIAL PRESENTMENT AGENCY WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS
 SUBDIVISION, OTHER THAN THOSE WITNESSES WHO ARE EXPERTS.
   (Q)  WHEN  IT IS KNOWN TO THE PRESENTMENT AGENCY, THE EXISTENCE OF ANY
 PENDING CRIMINAL ACTION AGAINST  ALL  PERSONS  DESIGNATED  AS  POTENTIAL
 PRESENTMENT  AGENCY WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVI-
 SION.
   (R) THE APPROXIMATE DATE, TIME AND PLACE OF THE  OFFENSE  OR  OFFENSES
 CHARGED AND OF THE RESPONDENT'S SEIZURE AND ARREST.
   (S) IN ANY JUVENILE DELINQUENCY PROCEEDING ALLEGING A VIOLATION OF THE
 VEHICLE  AND  TRAFFIC  LAW,  ALL  RECORDS OF CALIBRATION, CERTIFICATION,
 INSPECTION, REPAIR OR MAINTENANCE OF MACHINES AND  INSTRUMENTS  UTILIZED
 TO  PERFORM  ANY  SCIENTIFIC  TESTS  AND  EXPERIMENTS, INCLUDING BUT NOT
 LIMITED TO ANY TEST OF A PERSON'S BREATH, BLOOD, URINE  OR  SALIVA,  FOR
 A. 1320                             7
 
 THE  PERIOD  OF  SIX  MONTHS  PRIOR  AND  SIX MONTHS AFTER SUCH TEST WAS
 CONDUCTED, INCLUDING THE RECORDS OF GAS CHROMATOGRAPHY  RELATED  TO  THE
 CERTIFICATION  OF  ALL REFERENCE STANDARDS AND THE CERTIFICATION CERTIF-
 ICATE, IF ANY, HELD BY THE OPERATOR OF THE MACHINE OR INSTRUMENT.
   (T)  ANY  PRESENTMENT AGENCY ALLEGING A VIOLATION OF SECTION 156.05 OR
 156.10 OF THE PENAL LAW, THE  TIME,  PLACE  AND  MANNER  SUCH  VIOLATION
 OCCURRED.
   (U)  (I)  A  COPY  OF ALL ELECTRONICALLY CREATED OR STORED INFORMATION
 SEIZED OR OBTAINED BY OR ON BEHALF OF  LAW  ENFORCEMENT  FROM:  (A)  THE
 RESPONDENT AS DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH; OR (B) A
 SOURCE  OTHER THAN THE RESPONDENT WHICH RELATES TO THE SUBJECT MATTER OF
 THE PROCEEDING.
   (II) IF THE ELECTRONICALLY CREATED OR  STORED  INFORMATION  ORIGINATES
 FROM  A  DEVICE, ACCOUNT, OR OTHER ELECTRONICALLY STORED SOURCE THAT THE
 PRESENTMENT AGENCY BELIEVES THE RESPONDENT  OWNED,  MAINTAINED,  OR  HAD
 LAWFUL ACCESS TO AND IS WITHIN THE POSSESSION, CUSTODY OR CONTROL OF THE
 PRESENTMENT  AGENCY  OR PERSONS UNDER THE PRESENTMENT AGENCY'S DIRECTION
 OR CONTROL, THE PRESENTMENT AGENCY SHALL PROVIDE A COMPLETE COPY OF  THE
 ELECTRONICALLY  CREATED OR STORED INFORMATION FROM THE DEVICE OR ACCOUNT
 OR OTHER SOURCE, AND A DESIGNATION BY THE PRESENTMENT AGENCY AS TO WHICH
 PORTIONS IT INTENDS TO INTRODUCE.
   (III) IF POSSESSION OF SUCH ELECTRONICALLY CREATED OR STORED  INFORMA-
 TION  WOULD  BE A CRIME IF COMMITTED BY AN ADULT UNDER NEW YORK STATE OR
 FEDERAL LAW, THE PRESENTMENT AGENCY SHALL MAKE  THOSE  PORTIONS  OF  THE
 ELECTRONICALLY  CREATED  OR  STORED INFORMATION THAT ARE NOT CRIMINAL TO
 POSSESS AVAILABLE AS SPECIFIED UNDER THIS  PARAGRAPH  AND  SHALL  AFFORD
 COUNSEL  FOR  THE  RESPONDENT ACCESS TO INSPECT CONTRABAND PORTIONS AT A
 SUPERVISED LOCATION THAT PROVIDES REGULAR AND REASONABLE HOURS FOR  SUCH
 ACCESS, SUCH AS A PRESENTMENT AGENCY'S OFFICE, POLICE STATION, OR COURT.
   (IV)  THIS  PARAGRAPH  SHALL  NOT  BE CONSTRUED TO ALTER OR IN ANY WAY
 AFFECT THE RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND  SEIZURES  OR
 SUCH  OTHER  RIGHTS  A  SUSPECT  OR RESPONDENT MAY DERIVE FROM THE STATE
 CONSTITUTION OR THE UNITED STATES CONSTITUTION. IF IN  THE  EXERCISE  OF
 REASONABLE  DILIGENCE THE INFORMATION UNDER THIS PARAGRAPH IS NOT AVAIL-
 ABLE FOR DISCLOSURE WITHIN THE TIME PERIOD REQUIRED BY  SUBDIVISION  ONE
 OF  SECTION 331.2 OF THIS PART, THAT PERIOD SHALL BE STAYED WITHOUT NEED
 FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 331.11 OF THIS PART,
 EXCEPT THAT THE PRESENTMENT AGENCY SHALL NOTIFY THE RESPONDENT IN  WRIT-
 ING  THAT  SUCH  INFORMATION HAS NOT BEEN DISCLOSED, AND SUCH DISCLOSURE
 SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN FIFTEEN CALENDAR
 DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING HEARING DATE OR,  IF  THE
 RESPONDENT  IS IN DETENTION, SUCH DISCLOSURE SHALL BE MADE NO LATER THAN
 THREE DAYS PRIOR TO  THE  FIRST  SCHEDULED  FACT-FINDING  HEARING  DATE,
 UNLESS AN ORDER IS OBTAINED PURSUANT TO SECTION 331.11 OF THIS PART.
   2. DUTIES OF THE PRESENTMENT AGENCY. THE PRESENTMENT AGENCY SHALL MAKE
 A  DILIGENT, GOOD FAITH EFFORT TO ASCERTAIN THE EXISTENCE OF MATERIAL OR
 INFORMATION DISCOVERABLE UNDER SUBDIVISION ONE OF THIS  SECTION  AND  TO
 CAUSE  SUCH  MATERIAL  OR INFORMATION TO BE MADE AVAILABLE FOR DISCOVERY
 WHERE IT EXISTS BUT IS NOT WITHIN THE PRESENTMENT  AGENCY'S  POSSESSION,
 CUSTODY  OR  CONTROL;  PROVIDED THAT THE PRESENTMENT AGENCY SHALL NOT BE
 REQUIRED TO OBTAIN BY SUBPOENA DUCES TECUM MATERIAL OR INFORMATION WHICH
 THE RESPONDENT MAY THEREBY OBTAIN. FOR PURPOSES OF  SUBDIVISION  ONE  OF
 THIS SECTION, ALL ITEMS AND INFORMATION RELATED TO THE PRESENTMENT AGEN-
 CY  OF  A CHARGE IN THE POSSESSION OF ANY NEW YORK STATE OR LOCAL POLICE
 OR LAW ENFORCEMENT AGENCY, AND ANY INFORMATION IN THE  POSSESSION  OF  A
 LABORATORY HAVING CONTACT WITH EVIDENCE RELATED TO THE PRESENTMENT AGEN-
 A. 1320                             8
 
 CY  OF A CHARGE, SHALL BE DEEMED TO BE IN THE POSSESSION OF THE PRESENT-
 MENT AGENCY. THIS SUBDIVISION SHALL NOT REQUIRE THE  PRESENTMENT  AGENCY
 TO  ASCERTAIN  THE  EXISTENCE  OF  WITNESSES  NOT KNOWN TO THE POLICE OR
 ANOTHER  LAW  ENFORCEMENT  AGENCY, OR THE WRITTEN OR RECORDED STATEMENTS
 THEREOF, UNDER PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
   3. SUPPLEMENTAL DISCOVERY FOR THE RESPONDENT. THE  PRESENTMENT  AGENCY
 SHALL  DISCLOSE  TO  THE RESPONDENT A LIST OF ALL MISCONDUCT AND ACTS OF
 JUVENILE DELINQUENCY OF THE RESPONDENT  NOT  CHARGED  IN  THE  PETITION,
 WHICH  THE PRESENTMENT AGENCY INTENDS TO USE AT FACT-FINDING HEARING FOR
 PURPOSES OF (A) IMPEACHING THE CREDIBILITY OF THE RESPONDENT, OR (B)  AS
 SUBSTANTIVE  PROOF OF ANY MATERIAL ISSUE IN THE PROCEEDING. IN ADDITION,
 THE PRESENTMENT AGENCY SHALL DESIGNATE WHETHER IT INTENDS  TO  USE  EACH
 LISTED ACT FOR IMPEACHMENT AND/OR AS SUBSTANTIVE PROOF.
   4. RECIPROCAL DISCOVERY FOR THE PRESENTMENT AGENCY. (A) THE RESPONDENT
 SHALL,  SUBJECT  TO CONSTITUTIONAL LIMITATIONS, DISCLOSE TO THE PRESENT-
 MENT AGENCY, AND PERMIT THE PRESENTMENT  AGENCY  TO  DISCOVER,  INSPECT,
 COPY  OR  PHOTOGRAPH,  ANY  MATERIAL  AND  RELEVANT  EVIDENCE WITHIN THE
 RESPONDENT'S OR COUNSEL FOR THE RESPONDENT'S POSSESSION OR CONTROL  THAT
 IS  DISCOVERABLE  UNDER  PARAGRAPHS  (F),  (G), (H), (J), (L) AND (O) OF
 SUBDIVISION ONE OF THIS SECTION, WHICH THE RESPONDENT INTENDS TO  INTRO-
 DUCE  AT  FACT-FINDING  OR  A  PRE-TRIAL  MOTION HEARING, AND THE NAMES,
 ADDRESSES, BIRTH DATES, AND  ALL  STATEMENTS,  WRITTEN  OR  RECORDED  OR
 SUMMARIZED  IN ANY WRITING OR RECORDING, OF THOSE PERSONS OTHER THAN THE
 RESPONDENT WHOM THE RESPONDENT INTENDS TO CALL  AS  WITNESSES  AT  FACT-
 FINDING HEARING OR AT A PRE-TRIAL MOTION HEARING.
   (B)  DISCLOSURE  OF THE NAME, ADDRESS, BIRTH DATE, AND ALL STATEMENTS,
 WRITTEN OR RECORDED OR SUMMARIZED IN ANY  WRITING  OR  RECORDING,  OF  A
 PERSON  WHOM  THE  RESPONDENT  INTENDS TO CALL AS A WITNESS FOR THE SOLE
 PURPOSE OF IMPEACHING A PRESENTMENT AGENCY WITNESS IS NOT REQUIRED UNTIL
 AFTER THE PRESENTMENT AGENCY WITNESS HAS TESTIFIED AT FACT-FINDING HEAR-
 ING.
   (C) IF IN  THE  EXERCISE  OF  REASONABLE  DILIGENCE  THE  RECIPROCALLY
 DISCOVERABLE  INFORMATION  UNDER PARAGRAPH (F) OR (O) OF SUBDIVISION ONE
 OF THIS SECTION IS UNAVAILABLE FOR DISCLOSURE  WITHIN  THE  TIME  PERIOD
 SPECIFIED  IN  SUBDIVISION  TWO OF SECTION 331.2 OF THIS PART, SUCH TIME
 PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SUBDIVISION
 TWO OF SECTION 331.11 OF THIS PART; BUT THE DISCLOSURE SHALL BE MADE  AS
 SOON  AS  PRACTICABLE,  PROVIDED,  HOWEVER, THAT IF THE RESPONDENT IS IN
 DETENTION, SUCH DISCLOSURE SHALL BE MADE NO LATER THAN THREE DAYS  PRIOR
 TO  THE  FIRST  SCHEDULED  FACT-FINDING HEARING DATE.   ALL RECIPROCALLY
 DISCOVERABLE INFORMATION  UNDER  THIS  SUBDIVISION  IS  SUBJECT  TO  THE
 CONTINUING DUTY TO DISCLOSE PURSUANT TO SECTION 331.9 OF THIS PART.
   5.  STAY  OF  AUTOMATIC  DISCOVERY; REMEDIES AND SANCTIONS.   SECTIONS
 331.1 AND 331.2 OF THIS PART AND SUBDIVISIONS ONE, TWO, THREE  AND  FOUR
 OF  THIS  SECTION  SHALL HAVE THE FORCE AND EFFECT OF A COURT ORDER, AND
 FAILURE TO PROVIDE DISCOVERY PURSUANT TO SUCH SECTION OR SUBDIVISION MAY
 RESULT IN APPLICATION OF ANY REMEDIES OR SANCTIONS  PERMITTED  FOR  NON-
 COMPLIANCE  WITH A COURT ORDER UNDER SECTION 331.12 OF THIS PART. HOWEV-
 ER, IF IN THE JUDGMENT OF EITHER PARTY, GOOD CAUSE EXISTS FOR  DECLINING
 TO  MAKE ANY OF THE DISCLOSURES SET FORTH ABOVE, SUCH PARTY MAY MOVE FOR
 A  PROTECTIVE  ORDER  PURSUANT  TO  SECTION  331.11  OF  THIS  PART  AND
 PRODUCTION  OF  THE  ITEM SHALL BE STAYED PENDING A RULING BY THE COURT.
 THE OPPOSING PARTY SHALL BE NOTIFIED IN WRITING THAT INFORMATION HAS NOT
 BEEN DISCLOSED UNDER A PARTICULAR SECTION.  WHEN SOME PARTS OF  MATERIAL
 OR  INFORMATION  ARE  DISCOVERABLE  BUT  IN THE JUDGMENT OF A PARTY GOOD
 CAUSE EXISTS FOR DECLINING TO DISCLOSE  OTHER  PARTS,  THE  DISCOVERABLE
 A. 1320                             9
 
 PARTS  SHALL  BE DISCLOSED AND THE DISCLOSING PARTY SHALL GIVE NOTICE IN
 WRITING THAT NON-DISCOVERABLE PARTS HAVE BEEN WITHHELD.
   6.  REDACTIONS  PERMITTED.  EITHER  PARTY  MAY  REDACT SOCIAL SECURITY
 NUMBERS AND TAX NUMBERS FROM DISCLOSURES UNDER THIS PART.
   7. PRESUMPTION OF OPENNESS. THERE SHALL BE A PRESUMPTION IN  FAVOR  OF
 DISCLOSURE  WHEN  INTERPRETING  SECTIONS  331.1, 331.2 AND 331.4 OF THIS
 PART AND SUBDIVISION ONE OF THIS SECTION.
   § 331.4. DISCLOSURE PRIOR TO AN ADMISSION BY THE RESPONDENT; WAIVER OF
 DISCOVERY BY RESPONDENT.  1. DISCLOSURE OF CRIME. WHERE THE  PRESENTMENT
 AGENCY  HAS  MADE  AN  OFFER  TO ACCEPT AN ADMISSION PURSUANT TO SECTION
 321.3 OF THIS ARTICLE TO AN ACT THAT, IF COMMITTED BY AN ADULT, WOULD BE
 A CRIME, THE PRESENTMENT AGENCY SHALL DISCLOSE TO  THE  RESPONDENT,  AND
 PERMIT  THE  RESPONDENT TO DISCOVER, INSPECT, COPY, PHOTOGRAPH AND TEST,
 ALL ITEMS AND INFORMATION THAT WOULD BE DISCOVERABLE PRIOR TO THE  FACT-
 FINDING  HEARING UNDER SUBDIVISION ONE OF SECTION 331.3 OF THIS PART AND
 ARE IN THE POSSESSION, CUSTODY OR CONTROL OF THE PRESENTMENT AGENCY. THE
 PRESENTMENT AGENCY SHALL DISCLOSE THE DISCOVERABLE ITEMS AND INFORMATION
 NOT LESS THAN THREE CALENDAR DAYS PRIOR TO THE EXPIRATION  DATE  OF  THE
 OFFER  BY THE PRESENTMENT AGENCY FOR THE RESPONDENT TO MAKE AN ADMISSION
 OR ANY DEADLINE IMPOSED BY THE COURT FOR ACCEPTANCE OF THE OFFER  OF  AN
 ADMISSION.
   2.  TIMING  OF  DISCLOSURE.  IF THE PRESENTMENT AGENCY DOES NOT COMPLY
 WITH THE REQUIREMENTS OF THIS  SUBDIVISION,  THEN,  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW,  SUCH  OFFER SHALL BE DEEMED AVAILABLE TO THE
 RESPONDENT UNTIL THREE CALENDAR DAYS AFTER THE  PRESENTMENT  AGENCY  HAS
 COMPLIED,  ABSENT  EXTRAORDINARY  CIRCUMSTANCES  INVOLVING  NEW  ADVERSE
 INFORMATION BEARING ON THE RESPONDENT OCCURRING  OR  DISCOVERED  IN  THE
 INTERIM THAT, AFTER APPROPRIATE NOTICE AND AN OPPORTUNITY FOR A HEARING,
 ARE  SHOWN  BY  THE PRESENTMENT AGENCY AND FOUND BY THE COURT. WHERE THE
 OFFER OF AN ADMISSION HAS LAPSED OR BEEN WITHDRAWN IN LIGHT OF  NON-COM-
 PLIANCE  BY THE PRESENTMENT AGENCY WITH THIS SUBDIVISION, THE RESPONDENT
 MAY MAKE A MOTION ALLEGING  SUCH  NON-COMPLIANCE  AND  THE  COURT  SHALL
 CONSIDER  THE  IMPACT OF ANY NON-COMPLIANCE ON THE RESPONDENT'S DECISION
 TO ACCEPT OR REJECT THE OFFER OF AN ADMISSION. IF THE COURT  FINDS  THAT
 THE  NON-COMPLIANCE MATERIALLY AFFECTED THE RESPONDENT'S DECISION AND IF
 THE PRESENTMENT AGENCY DECLINES TO REINSTATE  THE  LAPSED  OR  WITHDRAWN
 PLEA OFFER, THE COURT, AS A PRESUMPTIVE MINIMUM SANCTION, SHALL PRECLUDE
 THE  ADMISSION  AT TRIAL OF ANY EVIDENCE NOT DISCLOSED AS REQUIRED UNDER
 THIS SUBDIVISION.   THE COURT  MAY  TAKE  OTHER  ADDITIONAL  APPROPRIATE
 ACTION AS NECESSARY TO ADDRESS THE NON-COMPLIANCE.
   3.  EXCEPTION. THE RIGHTS UNDER THIS SUBDIVISION DO NOT APPLY TO ITEMS
 OR INFORMATION THAT ARE THE SUBJECT OF A PROTECTIVE ORDER UNDER  SECTION
 331.11  OF  THIS  PART; BUT IF SUCH INFORMATION TENDS TO BE EXCULPATORY,
 THE COURT SHALL RECONSIDER THE PROTECTIVE ORDER.
   4. WAIVER. A RESPONDENT MAY PROVIDE A VOLUNTARY, KNOWING AND  INTELLI-
 GENT  WAIVER  IN THE PRESENCE OF HIS OR HER COUNSEL OF HIS OR HER RIGHTS
 UNDER THIS SECTION; BUT AN OFFER OF AN ADMISSION MAY NOT BE  CONDITIONED
 ON SUCH WAIVER.
   § 331.5. COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY. 1.  ORDER
 TO PRESERVE EVIDENCE. AT ANY TIME, A PARTY MAY MOVE FOR A COURT ORDER TO
 ANY INDIVIDUAL, AGENCY OR OTHER ENTITY IN POSSESSION, CUSTODY OR CONTROL
 OF ITEMS WHICH RELATE TO THE SUBJECT MATTER OF THE CASE OR ARE OTHERWISE
 RELEVANT,  REQUIRING THAT SUCH ITEMS BE PRESERVED FOR A SPECIFIED PERIOD
 OF TIME.  THE COURT SHALL HEAR AND RULE UPON SUCH MOTIONS EXPEDITIOUSLY.
 THE COURT MAY MODIFY OR VACATE SUCH AN ORDER UPON A SHOWING THAT PRESER-
 VATION OF PARTICULAR EVIDENCE WILL CREATE SIGNIFICANT HARDSHIP  TO  SUCH
 A. 1320                            10
 
 INDIVIDUAL,  AGENCY  OR ENTITY, ON CONDITION THAT THE PROBATIVE VALUE OF
 THAT EVIDENCE IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
   2.  ORDER TO GRANT ACCESS TO PREMISES. AT ANY TIME, THE RESPONDENT MAY
 MOVE FOR A COURT ORDER TO ANY INDIVIDUAL,  AGENCY  OR  OTHER  ENTITY  IN
 POSSESSION,  CUSTODY  OR CONTROL OF A CRIME SCENE OR OTHER PREMISES THAT
 RELATES TO THE SUBJECT MATTER OF THE  CASE  OR  IS  OTHERWISE  RELEVANT,
 REQUIRING  THAT COUNSEL FOR THE RESPONDENT BE GRANTED PROMPT AND REASON-
 ABLE ACCESS TO INSPECT, PHOTOGRAPH OR MEASURE SUCH CRIME SCENE OR  PREM-
 ISES,  AND  THAT  THE  CONDITION  OF  THE CRIME SCENE OR PREMISES REMAIN
 UNCHANGED IN THE INTERIM. THE  COURT  SHALL  CONSIDER  THE  RESPONDENT'S
 EXPRESSED  NEED  FOR  ACCESS TO THE PREMISES INCLUDING THE RISK THAT THE
 RESPONDENT WILL BE DEPRIVED OF EVIDENCE OR INFORMATION RELEVANT  TO  THE
 CASE, THE POSITION OF ANY INDIVIDUAL OR ENTITY WITH POSSESSORY OR OWNER-
 SHIP  RIGHTS TO THE PREMISES, THE NATURE OF THE PRIVACY INTEREST AND ANY
 PERCEIVED OR ACTUAL HARDSHIP OF THE INDIVIDUAL OR ENTITY WITH POSSESSORY
 OR OWNERSHIP RIGHTS, AND THE POSITION OF  THE  PRESENTMENT  AGENCY  WITH
 RESPECT  TO  ANY  APPLICATION  FOR ACCESS TO THE PREMISES. THE COURT MAY
 DENY ACCESS TO THE PREMISES WHEN THE PROBATIVE VALUE OF ACCESS  TO  SUCH
 LOCATION  HAS  BEEN OR WILL BE PRESERVED BY SPECIFIED ALTERNATIVE MEANS.
 IF THE COURT GRANTS ACCESS TO THE PREMISES,  THE  INDIVIDUAL  OR  ENTITY
 WITH  OWNERSHIP  OR  POSSESSORY  RIGHTS  TO THE PREMISES MAY REQUEST LAW
 ENFORCEMENT PRESENCE AT THE PREMISES WHILE THE RESPONDENT'S COUNSEL OR A
 REPRESENTATIVE THEREOF IS PRESENT.
   3. DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.  THE  COURT  IN  ITS
 DISCRETION  MAY,  UPON  A  SHOWING BY THE RESPONDENT THAT THE REQUEST IS
 REASONABLE AND THAT THE RESPONDENT IS UNABLE WITHOUT UNDUE  HARDSHIP  TO
 OBTAIN  THE SUBSTANTIAL EQUIVALENT BY OTHER MEANS, ORDER THE PRESENTMENT
 AGENCY, OR ANY INDIVIDUAL, AGENCY OR OTHER ENTITY SUBJECT TO THE  JURIS-
 DICTION OF THE COURT, TO MAKE AVAILABLE FOR DISCLOSURE TO THE RESPONDENT
 ANY  MATERIAL  OR  INFORMATION  WHICH POTENTIALLY RELATES TO THE SUBJECT
 MATTER OF THE CASE AND IS REASONABLY LIKELY TO BE MATERIAL.
   4. PROCEDURE. A MOTION UNDER THIS SECTION SHALL BE ON  NOTICE  TO  ANY
 INDIVIDUAL, AGENCY OR ENTITY AFFECTED BY THE ORDER. A MOTION MAY BE MADE
 ORALLY ON THE RECORD SO LONG AS SUCH NOTICE IS PROVIDED.  THE COURT MAY,
 ON  ITS OWN OR UPON REQUEST OF ANY INDIVIDUAL, AGENCY OR ENTITY AFFECTED
 BY THE ORDER, MODIFY OR VACATE THE ORDER IF COMPLIANCE WOULD  BE  UNREA-
 SONABLE  OR  WILL CREATE SIGNIFICANT HARDSHIP TO SUCH INDIVIDUAL, AGENCY
 OR ENTITY. FOR GOOD CAUSE SHOWN, THE COURT MAY PERMIT A PARTY SEEKING OR
 OPPOSING A DISCRETIONARY ORDER OF DISCOVERY UNDER THIS  SUBDIVISION,  OR
 ANOTHER  AFFECTED INDIVIDUAL, AGENCY OR ENTITY, TO SUBMIT PAPERS OR, FOR
 GOOD CAUSE SHOWN, TESTIFY ON THE RECORD EX PARTE OR IN CAMERA.  FOR GOOD
 CAUSE SHOWN, ANY SUCH PAPERS AND A TRANSCRIPT OF SUCH TESTIMONY  MAY  BE
 SEALED AND SHALL CONSTITUTE A PART OF THE RECORD ON APPEAL.
   §  331.6.  COURT  ORDERED PROCEDURES TO FACILITATE COMPLIANCE; CERTIF-
 ICATES OF COMPLIANCE. 1.  DISCRETION OF COURTS. TO FACILITATE COMPLIANCE
 WITH THIS PART, AND TO REDUCE OR STREAMLINE LITIGATION OF  ANY  DISPUTES
 ABOUT DISCOVERY, THE COURT IN ITS DISCRETION MAY ISSUE AN ORDER:
   (A) REQUIRING THAT THE PRESENTMENT AGENCY AND COUNSEL FOR THE RESPOND-
 ENT  DILIGENTLY  CONFER  TO  ATTEMPT TO REACH AN ACCOMMODATION AS TO ANY
 DISPUTE CONCERNING DISCOVERY PRIOR TO SEEKING A RULING FROM THE COURT;
   (B) REQUIRING A DISCOVERY COMPLIANCE CONFERENCE AT  A  SPECIFIED  TIME
 PRIOR  TO THE FACT-FINDING HEARING BETWEEN THE PRESENTMENT AGENCY, COUN-
 SEL FOR ALL RESPONDENTS, AND THE COURT OR ITS STAFF;
   (C) REQUIRING THE PRESENTMENT AGENCY TO FILE A CERTIFICATE OF  COMPLI-
 ANCE THAT STATES THAT THE PRESENTMENT AGENCY AND/OR AN APPROPRIATE NAMED
 AGENT  HAS  MADE  REASONABLE  INQUIRIES OF ALL POLICE OFFICERS AND OTHER
 A. 1320                            11
 
 PERSONS WHO HAVE PARTICIPATED IN INVESTIGATING OR  EVALUATING  THE  CASE
 ABOUT  THE  EXISTENCE  OF  ANY  FAVORABLE EVIDENCE OR INFORMATION WITHIN
 PARAGRAPH (K) OF SUBDIVISION ONE OF SECTION 331.3 OF THIS PART,  INCLUD-
 ING  SUCH  EVIDENCE  OR  INFORMATION  THAT WAS NOT REDUCED TO WRITING OR
 OTHERWISE MEMORIALIZED OR PRESERVED AS EVIDENCE, AND HAS  DISCLOSED  ANY
 SUCH INFORMATION TO THE RESPONDENT; AND/OR
   (D)  REQUIRING  OTHER  MEASURES  OR PROCEEDINGS DESIGNED TO CARRY INTO
 EFFECT THE GOALS OF THIS PART.
   2. CERTIFICATES OF COMPLIANCE. (A) WHEN  THE  PRESENTMENT  AGENCY  HAS
 PROVIDED  THE  DISCOVERY REQUIRED BY SUBDIVISION ONE OF SECTION 331.3 OF
 THIS PART, EXCEPT FOR ANY ITEMS OR INFORMATION THAT ARE THE  SUBJECT  OF
 AN  ORDER  PURSUANT  TO SECTION 331.11 OF THIS PART, IT SHALL SERVE UPON
 THE RESPONDENT AND FILE WITH THE COURT A CERTIFICATE OF COMPLIANCE.  THE
 CERTIFICATE  OF  COMPLIANCE SHALL STATE THAT, AFTER EXERCISING DUE DILI-
 GENCE AND MAKING REASONABLE INQUIRIES  TO  ASCERTAIN  THE  EXISTENCE  OF
 MATERIAL  AND  INFORMATION  SUBJECT TO DISCOVERY, THE PRESENTMENT AGENCY
 HAS DISCLOSED AND MADE AVAILABLE  ALL  KNOWN  MATERIAL  AND  INFORMATION
 SUBJECT  TO  DISCOVERY.  IT  SHALL  ALSO IDENTIFY THE ITEMS PROVIDED. IF
 ADDITIONAL DISCOVERY IS SUBSEQUENTLY PROVIDED PRIOR TO THE  FACT-FINDING
 HEARING  PURSUANT  TO SECTION 331.9 OF THIS PART, A SUPPLEMENTAL CERTIF-
 ICATE SHALL BE SERVED UPON THE RESPONDENT AND FILED WITH THE COURT IDEN-
 TIFYING THE ADDITIONAL MATERIAL AND INFORMATION PROVIDED.    NO  ADVERSE
 CONSEQUENCE  TO  THE  PRESENTMENT  AGENCY OR THE PROSECUTOR SHALL RESULT
 FROM THE FILING OF A CERTIFICATE OF COMPLIANCE IN GOOD  FAITH;  BUT  THE
 COURT  MAY  GRANT  A  REMEDY  OR  SANCTION  FOR A DISCOVERY VIOLATION AS
 PROVIDED IN SECTION 331.12 OF THIS PART.
   (B) WHEN THE RESPONDENT HAS PROVIDED ALL DISCOVERY REQUIRED BY  SUBDI-
 VISION  FOUR  OF  SECTION  331.3  OF  THIS PART, EXCEPT FOR ANY ITEMS OR
 INFORMATION THAT ARE THE SUBJECT OF AN ORDER PURSUANT TO SECTION  331.11
 OF  THIS  PART, COUNSEL FOR THE RESPONDENT SHALL SERVE UPON THE PRESENT-
 MENT AGENCY AND FILE WITH THE COURT A  CERTIFICATE  OF  COMPLIANCE.  THE
 CERTIFICATE  SHALL STATE THAT, AFTER EXERCISING DUE DILIGENCE AND MAKING
 REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL AND INFORMA-
 TION SUBJECT TO DISCOVERY, COUNSEL FOR THE RESPONDENT HAS DISCLOSED  AND
 MADE  AVAILABLE ALL KNOWN MATERIAL AND INFORMATION SUBJECT TO DISCOVERY.
 IT SHALL ALSO IDENTIFY THE ITEMS PROVIDED. IF  ADDITIONAL  DISCOVERY  IS
 SUBSEQUENTLY  PROVIDED  PRIOR TO TRIAL PURSUANT TO SECTION 331.9 OF THIS
 PART, A SUPPLEMENTAL CERTIFICATE SHALL BE SERVED  UPON  THE  PRESENTMENT
 AGENCY  AND FILED WITH THE COURT IDENTIFYING THE ADDITIONAL MATERIAL AND
 INFORMATION PROVIDED. NO ADVERSE CONSEQUENCE TO THE RESPONDENT OR  COUN-
 SEL  FOR THE RESPONDENT SHALL RESULT FROM THE FILING OF A CERTIFICATE OF
 COMPLIANCE IN GOOD FAITH; BUT THE COURT MAY GRANT A REMEDY  OR  SANCTION
 FOR A DISCOVERY VIOLATION AS PROVIDED IN SECTION 331.12 OF THIS PART.
   §  331.7. NON-TESTIMONIAL EVIDENCE FROM THE RESPONDENT; DNA COMPARISON
 ORDER. 1. AVAILABILITY.  AFTER THE FILING OF THE PETITION,  AND  SUBJECT
 TO  CONSTITUTIONAL  LIMITATIONS,  THE  COURT  MAY,  UPON  MOTION  OF THE
 PRESENTMENT AGENCY SHOWING PROBABLE CAUSE TO BELIEVE THE RESPONDENT  HAS
 COMMITTED  THE  ACT  THAT  IF  COMMITTED  BY AN ADULT WOULD CONSTITUTE A
 CRIME, A CLEAR INDICATION THAT RELEVANT MATERIAL EVIDENCE WILL BE FOUND,
 AND THAT THE METHOD USED TO SECURE SUCH EVIDENCE IS SAFE  AND  RELIABLE,
 REQUIRE A RESPONDENT TO PROVIDE NON-TESTIMONIAL EVIDENCE, INCLUDING TO:
   (A) APPEAR IN A LINEUP;
   (B) SPEAK FOR IDENTIFICATION BY A WITNESS OR POTENTIAL WITNESS;
   (C) BE FINGERPRINTED IF AUTHORIZED IN ACCORDANCE WITH SECTION 306.1 OF
 THIS ARTICLE;
 A. 1320                            12
 
   (D)  POSE  FOR  PHOTOGRAPHS  NOT  INVOLVING  REENACTMENT  OF AN EVENT,
 PROVIDED RESPONDENT IS SUBJECT  TO  PHOTOGRAPHING  PURSUANT  TO  SECTION
 306.1 OF THIS ARTICLE;
   (E)  PERMIT THE TAKING OF SAMPLES OF THE RESPONDENT'S BLOOD, HAIR, AND
 OTHER MATERIALS OF THE RESPONDENT'S BODY THAT INVOLVES  NO  UNREASONABLE
 INTRUSION THEREOF OR A RISK OF SERIOUS PHYSICAL INJURY THERETO;
   (F) PROVIDE SPECIMENS OF THE RESPONDENT'S HANDWRITING; AND
   (G)  SUBMIT  TO  A  REASONABLE  PHYSICAL  OR MEDICAL INSPECTION OF THE
 RESPONDENT'S BODY.
   2. LIMITATIONS. THIS SECTION SHALL NOT BE CONSTRUED TO ALTER OR IN ANY
 WAY AFFECT THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY  BE  AUTHORIZED
 BY  LAW,  BEFORE THE FILING OF THE PETITION, CONSISTENT WITH SUCH RIGHTS
 AS THE RESPONDENT MAY DERIVE FROM THIS ARTICLE, THE  STATE  CONSTITUTION
 OR  THE  UNITED STATES CONSTITUTION. THIS SECTION SHALL NOT BE CONSTRUED
 TO ALTER OR IN ANY WAY AFFECT THE  ADMINISTRATION  OF  A  CHEMICAL  TEST
 WHERE  OTHERWISE  AUTHORIZED.  AN  ORDER PURSUANT TO THIS SECTION MAY BE
 DENIED, LIMITED OR CONDITIONED AS PROVIDED IN  SECTION  331.11  OF  THIS
 PART.
   3.  DNA  COMPARISON  ORDER. WHERE PROPERTY IN THE PRESENTMENT AGENCY'S
 POSSESSION, CUSTODY, OR CONTROL CONSISTS OF A DNA PROFILE OBTAINED  FROM
 PROBATIVE  BIOLOGICAL  MATERIAL GATHERED IN CONNECTION WITH THE INVESTI-
 GATION OF THE CRIME, AND THE RESPONDENT  ESTABLISHES:    (A)  THAT  SUCH
 PROFILE  COMPLIES WITH FEDERAL BUREAU OF INVESTIGATION OR STATE REQUIRE-
 MENTS, WHICHEVER ARE APPLICABLE AND AS SUCH REQUIREMENTS ARE APPLIED  TO
 LAW  ENFORCEMENT  AGENCIES  SEEKING A KEYBOARD SEARCH OR SIMILAR COMPAR-
 ISON, AND (B) THAT THE DATA MEETS STATE DNA INDEX SYSTEM OR NATIONAL DNA
 INDEX SYSTEM CRITERIA AS SUCH CRITERIA ARE APPLIED  TO  LAW  ENFORCEMENT
 AGENCIES SEEKING SUCH A KEYBOARD SEARCH OR SIMILAR COMPARISON, THE COURT
 MAY,  UPON  MOTION  OF  A RESPONDENT AGAINST WHOM A PETITION IS PENDING,
 ORDER AN ENTITY THAT HAS ACCESS TO THE COMBINED DNA INDEX SYSTEM OR  ITS
 SUCCESSOR  SYSTEM  TO  COMPARE SUCH DNA PROFILE AGAINST DNA DATABANKS BY
 KEYBOARD SEARCHES, OR A SIMILAR METHOD THAT DOES NOT INVOLVE  UPLOADING,
 UPON  NOTICE  TO  BOTH  PARTIES  AND  THE ENTITY REQUIRED TO PERFORM THE
 SEARCH, UPON A SHOWING BY THE RESPONDENT THAT SUCH A COMPARISON IS MATE-
 RIAL TO THE PRESENTATION OF HIS OR HER DEFENSE AND THAT THE  REQUEST  IS
 REASONABLE. FOR PURPOSES OF THIS SECTION, A "KEYBOARD SEARCH" SHALL MEAN
 A SEARCH OF A DNA PROFILE AGAINST THE DATABANK IN WHICH THE PROFILE THAT
 IS SEARCHED IS NOT UPLOADED TO OR MAINTAINED IN THE DATABANK. NOTHING IN
 THIS SECTION AUTHORIZES THE TAKING OF A DNA PROFILE FROM THE RESPONDENT,
 WHETHER  TAKEN  FROM  THEIR  PERSON  OR  OTHERWISE,  UNLESS SPECIFICALLY
 AUTHORIZED BY LAW.
   § 331.8. FLOW OF INFORMATION. 1. SUFFICIENT COMMUNICATION FOR  COMPLI-
 ANCE.  THE  PRESENTMENT  AGENCY  SHALL ENDEAVOR TO ENSURE THAT A FLOW OF
 INFORMATION IS  MAINTAINED  WITH  THE  POLICE  AND  OTHER  INVESTIGATIVE
 PERSONNEL  AND  SUFFICIENT  TO  PLACE  WITHIN  THE  PRESENTMENT AGENCY'S
 POSSESSION OR CONTROL ALL MATERIAL  AND  INFORMATION  PERTINENT  TO  THE
 RESPONDENT  AND  THE  OFFENSE  OR  OFFENSES  CHARGED, INCLUDING, BUT NOT
 LIMITED TO, ANY EVIDENCE OR INFORMATION DISCOVERABLE UNDER PARAGRAPH (K)
 OF SUBDIVISION ONE OF SECTION 331.3 OF THIS PART.
   2. PROVISION OF LAW ENFORCEMENT AGENCY FILES. ABSENT A COURT ORDER  OR
 A  REQUIREMENT THAT THE RESPONDENT'S COUNSEL OBTAIN A SECURITY CLEARANCE
 MANDATED BY LAW OR AUTHORIZED GOVERNMENT REGULATION, UPON REQUEST BY THE
 PRESENTMENT AGENCY, EACH NEW YORK STATE AND LOCAL LAW ENFORCEMENT AGENCY
 SHALL MAKE AVAILABLE TO THE PRESENTMENT AGENCY A COMPLETE  COPY  OF  ITS
 COMPLETE  RECORDS  AND FILES RELATED TO THE INVESTIGATION OF THE CASE OR
 RELATED TO THE PRESENTMENT AGENCY REGARDING COMPLIANCE WITH THIS PART.
 A. 1320                            13

   3.  911  TELEPHONE  CALL  AND  POLICE  RADIO  TRANSMISSION  ELECTRONIC
 RECORDINGS,   POLICE-WORN   BODY  CAMERA  RECORDINGS  AND  OTHER  POLICE
 RECORDINGS. (A) WHENEVER AN ELECTRONIC RECORDING OF A 911 TELEPHONE CALL
 OR A POLICE RADIO TRANSMISSION OR VIDEO OR AUDIO FOOTAGE FROM A  POLICE-
 WORN  BODY  CAMERA  OR  OTHER  POLICE  RECORDING WAS MADE OR RECEIVED IN
 CONNECTION WITH THE INVESTIGATION OF AN APPARENT CRIMINAL INCIDENT,  THE
 ARRESTING  OFFICER  OR  LEAD  DETECTIVE  SHALL  EXPEDITIOUSLY NOTIFY THE
 PRESENTMENT AGENCY IN WRITING UPON THE FILING OF  THE  PETITION  OF  THE
 EXISTENCE  OF  ALL  SUCH  KNOWN RECORDINGS. THE PRESENTMENT AGENCY SHALL
 EXPEDITIOUSLY TAKE WHATEVER REASONABLE STEPS  ARE  NECESSARY  TO  ENSURE
 THAT  ALL  KNOWN  ELECTRONIC  RECORDINGS  OF 911 TELEPHONE CALLS, POLICE
 RADIO TRANSMISSIONS  AND  VIDEO  AND  AUDIO  FOOTAGE  AND  OTHER  POLICE
 RECORDINGS  MADE OR AVAILABLE IN CONNECTION WITH THE CASE ARE PRESERVED.
 UPON THE RESPONDENT'S TIMELY REQUEST AND DESIGNATION OF A SPECIFIC ELEC-
 TRONIC RECORDING OF A 911 TELEPHONE CALL, THE PRESENTMENT  AGENCY  SHALL
 ALSO  EXPEDITIOUSLY  TAKE  WHATEVER  REASONABLE  STEPS  ARE NECESSARY TO
 ENSURE THAT IT IS PRESERVED.
   (B) IF THE PRESENTMENT AGENCY FAILS TO  DISCLOSE  SUCH  AN  ELECTRONIC
 RECORDING  TO  THE  RESPONDENT  PURSUANT TO PARAGRAPH (E), (G) OR (K) OF
 SUBDIVISION ONE OF SECTION 331.3 OF THIS PART DUE TO A FAILURE TO COMPLY
 WITH THIS OBLIGATION BY POLICE OFFICERS  OR  OTHER  LAW  ENFORCEMENT  OR
 PROSECUTION  PERSONNEL,  THE  COURT  UPON MOTION OF THE RESPONDENT SHALL
 IMPOSE AN APPROPRIATE REMEDY OR SANCTION PURSUANT TO SECTION  331.12  OF
 THIS PART.
   § 331.9. CONTINUING DUTY TO DISCLOSE. IF EITHER THE PRESENTMENT AGENCY
 OR THE RESPONDENT SUBSEQUENTLY LEARNS OF ADDITIONAL MATERIAL OR INFORMA-
 TION  WHICH  IT WOULD HAVE BEEN UNDER A DUTY TO DISCLOSE PURSUANT TO ANY
 PROVISIONS OF THIS PART HAD IT KNOWN OF IT AT THE  TIME  OF  A  PREVIOUS
 DISCOVERY  OBLIGATION  OR DISCOVERY ORDER, IT SHALL EXPEDITIOUSLY NOTIFY
 THE OTHER PARTY AND DISCLOSE THE ADDITIONAL MATERIAL AND INFORMATION  AS
 REQUIRED  FOR  AUTOMATIC  DISCOVERY  UNDER  THIS PART. THIS SECTION ALSO
 REQUIRES EXPEDITIOUS DISCLOSURE BY THE PRESENTMENT AGENCY OF MATERIAL OR
 INFORMATION THAT BECAME RELEVANT TO THE CASE OR  DISCOVERABLE  BASED  ON
 RECIPROCAL  DISCOVERY  RECEIVED FROM THE RESPONDENT PURSUANT TO SUBDIVI-
 SION FOUR OF SECTION 331.3 OF THIS PART.
   § 331.10. WORK PRODUCT. THIS PART DOES NOT AUTHORIZE  DISCOVERY  BY  A
 PARTY  OF THOSE PORTIONS OF RECORDS, REPORTS, CORRESPONDENCE, MEMORANDA,
 OR INTERNAL DOCUMENTS OF THE ADVERSE PARTY  WHICH  ARE  ONLY  THE  LEGAL
 RESEARCH,  OPINIONS, THEORIES OR CONCLUSIONS OF THE ADVERSE PARTY OR ITS
 ATTORNEY OR THE ATTORNEY'S AGENTS, OR OF  STATEMENTS  OF  A  RESPONDENT,
 WRITTEN  OR  RECORDED OR SUMMARIZED IN ANY WRITING OR RECORDING, MADE TO
 THE ATTORNEY FOR THE RESPONDENT OR THE ATTORNEY'S AGENTS.
   § 331.11. PROTECTIVE ORDERS. 1. ANY DISCOVERY  SUBJECT  TO  PROTECTIVE
 ORDER.  UPON  A  SHOWING OF GOOD CAUSE BY EITHER PARTY, THE COURT MAY AT
 ANY TIME ORDER THAT DISCOVERY OR INSPECTION OF ANY KIND OF  MATERIAL  OR
 INFORMATION  UNDER  THIS  PART  BE  DENIED,  RESTRICTED,  CONDITIONED OR
 DEFERRED, OR MAKE SUCH OTHER ORDER AS  IS  APPROPRIATE.  THE  COURT  MAY
 IMPOSE  AS A CONDITION ON DISCOVERY TO A RESPONDENT THAT THE MATERIAL OR
 INFORMATION TO BE DISCOVERED  BE  AVAILABLE  ONLY  TO  COUNSEL  FOR  THE
 RESPONDENT;  OR,  ALTERNATIVELY,  THAT  COUNSEL  FOR THE RESPONDENT, AND
 PERSONS EMPLOYED BY THE ATTORNEY OR APPOINTED BY THE COURT TO ASSIST  IN
 THE PREPARATION OF A RESPONDENT'S CASE, MAY NOT DISCLOSE PHYSICAL COPIES
 OF  THE  DISCOVERABLE  DOCUMENTS  TO  A  RESPONDENT  OR  TO ANYONE ELSE,
 PROVIDED THAT THE PRESENTMENT AGENCY AFFORDS THE  RESPONDENT  ACCESS  TO
 INSPECT  REDACTED  COPIES  OF THE DISCOVERABLE DOCUMENTS AT A SUPERVISED
 LOCATION THAT PROVIDES REGULAR AND REASONABLE  HOURS  FOR  SUCH  ACCESS,
 A. 1320                            14
 
 SUCH  AS  A  PRESENTMENT  AGENCY'S  OFFICE,  POLICE STATION, FACILITY OF
 DETENTION, OR COURT.  SHOULD THE COURT IMPOSE AS A CONDITION  THAT  SOME
 MATERIAL OR INFORMATION BE AVAILABLE ONLY TO COUNSEL FOR THE RESPONDENT,
 THE  COURT  SHALL  INFORM  THE  RESPONDENT ON THE RECORD THAT HIS OR HER
 ATTORNEY IS NOT PERMITTED BY LAW TO DISCLOSE SUCH MATERIAL  OR  INFORMA-
 TION TO THE RESPONDENT. THE COURT MAY PERMIT A PARTY SEEKING OR OPPOSING
 A  PROTECTIVE  ORDER  UNDER THIS SECTION, OR ANOTHER AFFECTED PERSON, TO
 SUBMIT PAPERS OR TESTIFY ON THE RECORD EX PARTE OR IN CAMERA.  ANY  SUCH
 PAPERS  AND  A  TRANSCRIPT  OF  SUCH  TESTIMONY  MAY BE SEALED AND SHALL
 CONSTITUTE A PART OF THE RECORD ON APPEAL. THIS SECTION DOES  NOT  ALTER
 THE  ALLOCATION  OF THE BURDEN OF PROOF WITH REGARD TO MATTERS AT ISSUE,
 INCLUDING PRIVILEGE.
   2. MODIFICATION OF TIME PERIODS FOR DISCOVERY. UPON MOTION OF A  PARTY
 IN  AN INDIVIDUAL CASE, THE COURT MAY ALTER THE TIME PERIODS FOR DISCOV-
 ERY IMPOSED BY THIS PART UPON A SHOWING OF GOOD CAUSE.
   3. PROMPT HEARING. UPON REQUEST FOR  A  PROTECTIVE  ORDER,  THE  COURT
 SHALL  CONDUCT  AN  APPROPRIATE  HEARING  WITHIN  THREE BUSINESS DAYS TO
 DETERMINE WHETHER GOOD CAUSE HAS BEEN SHOWN AND WHEN  PRACTICABLE  SHALL
 RENDER  DECISION EXPEDITIOUSLY. ANY MATERIALS SUBMITTED AND A TRANSCRIPT
 OF THE PROCEEDING MAY BE SEALED AND  SHALL  CONSTITUTE  A  PART  OF  THE
 RECORD ON APPEAL.
   4. SHOWING OF GOOD CAUSE. IN DETERMINING GOOD CAUSE UNDER THIS SECTION
 THE COURT MAY CONSIDER:  CONSTITUTIONAL RIGHTS OR LIMITATIONS; DANGER TO
 THE  INTEGRITY  OF PHYSICAL EVIDENCE OR THE SAFETY OF A WITNESS; RISK OF
 INTIMIDATION, ECONOMIC  REPRISAL,  BRIBERY,  HARASSMENT  OR  UNJUSTIFIED
 ANNOYANCE  OR  EMBARRASSMENT TO ANY PERSON, AND THE NATURE, SEVERITY AND
 LIKELIHOOD OF THAT RISK; A RISK OF AN ADVERSE EFFECT UPON THE LEGITIMATE
 NEEDS OF LAW ENFORCEMENT, INCLUDING THE PROTECTION OF THE CONFIDENTIALI-
 TY OF INFORMANTS, AND THE NATURE, SEVERITY AND LIKELIHOOD OF THAT  RISK;
 THE  NATURE  AND  CIRCUMSTANCES  OF THE FACTUAL ALLEGATIONS IN THE CASE;
 WHETHER THE RESPONDENT HAS A HISTORY OF WITNESS INTIMIDATION OR  TAMPER-
 ING  AND THE NATURE OF THAT HISTORY; THE NATURE OF THE STATED REASONS IN
 SUPPORT OF A PROTECTIVE ORDER; THE NATURE  OF  THE  WITNESS  IDENTIFYING
 INFORMATION  THAT  IS  SOUGHT  TO  BE  ADDRESSED  BY A PROTECTIVE ORDER,
 INCLUDING THE OPTION OF EMPLOYING ADEQUATE ALTERNATIVE CONTACT  INFORMA-
 TION;  DANGER TO ANY PERSON STEMMING FROM FACTORS SUCH AS A RESPONDENT'S
 SUBSTANTIATED AFFILIATION WITH  A  CRIMINAL  ENTERPRISE  AS  DEFINED  IN
 SUBDIVISION  THREE OF SECTION 460.10 OF THE PENAL LAW; AND OTHER SIMILAR
 FACTORS FOUND TO OUTWEIGH THE USEFULNESS OF THE DISCOVERY.
   5. SUCCESSOR COUNSEL. IN CASES IN WHICH THE ATTORNEY-CLIENT  RELATION-
 SHIP IS TERMINATED PRIOR TO TRIAL FOR ANY REASON, ANY MATERIAL OR INFOR-
 MATION  DISCLOSED  SUBJECT  TO  A CONDITION THAT IT BE AVAILABLE ONLY TO
 COUNSEL FOR THE RESPONDENT, OR LIMITED IN  DISSEMINATION  BY  PROTECTIVE
 ORDER  OR OTHERWISE, SHALL BE PROVIDED ONLY TO SUCCESSOR COUNSEL FOR THE
 RESPONDENT UNDER THE SAME CONDITION OR CONDITIONS OR BE RETURNED TO  THE
 PRESENTMENT  AGENCY,  UNLESS  THE  COURT  RULES OTHERWISE FOR GOOD CAUSE
 SHOWN OR THE PRESENTMENT AGENCY GIVES WRITTEN CONSENT. ANY WORK  PRODUCT
 DERIVED  FROM  SUCH MATERIAL OR INFORMATION SHALL NOT BE PROVIDED TO THE
 RESPONDENT, UNLESS THE COURT RULES OTHERWISE OR THE  PRESENTMENT  AGENCY
 GIVES  WRITTEN  CONSENT; PROVIDED, HOWEVER, ANY SUCH WORK PRODUCT MAY BE
 PROVIDED TO THE SUCCESSOR COUNSEL.
   6. COMPLIANCE WITH PROTECTIVE ORDER. ANY PROTECTIVE ORDER ISSUED UNDER
 THIS PART IS A MANDATE OF THE COURT FOR PURPOSES OF THE OFFENSE OF CRIM-
 INAL CONTEMPT IN SUBDIVISION THREE OF SECTION 215.50 OF THE PENAL LAW.
   § 331.12. REMEDIES OR SANCTIONS FOR NON-COMPLIANCE. 1. NEED FOR REMEDY
 OR SANCTION. (A) WHEN MATERIAL OR INFORMATION IS DISCOVERABLE UNDER THIS
 A. 1320                            15

 PART BUT IS DISCLOSED BELATEDLY, THE COURT SHALL IMPOSE  AN  APPROPRIATE
 REMEDY OR SANCTION IF THE PARTY ENTITLED TO DISCLOSURE SHOWS THAT IT WAS
 PREJUDICED.  REGARDLESS  OF A SHOWING OF PREJUDICE THE PARTY ENTITLED TO
 DISCLOSURE  SHALL BE GIVEN REASONABLE TIME TO PREPARE AND RESPOND TO THE
 NEW MATERIAL.
   (B) WHEN MATERIAL OR INFORMATION IS DISCOVERABLE UNDER THIS  PART  BUT
 CANNOT  BE  DISCLOSED  BECAUSE  IT HAS BEEN LOST OR DESTROYED, THE COURT
 SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED  TO
 DISCLOSURE  SHOWS THAT THE LOST OR DESTROYED MATERIAL MAY HAVE CONTAINED
 SOME INFORMATION RELEVANT TO A CONTESTED ISSUE. THE  APPROPRIATE  REMEDY
 OR  SANCTION  IS  THAT  WHICH  IS PROPORTIONATE TO THE POTENTIAL WAYS IN
 WHICH THE LOST OR DESTROYED MATERIAL REASONABLY COULD HAVE BEEN  HELPFUL
 TO THE PARTY ENTITLED TO DISCLOSURE.
   2.  AVAILABLE  REMEDIES  OR  SANCTIONS. FOR FAILURE TO COMPLY WITH ANY
 DISCOVERY ORDER IMPOSED OR ISSUED PURSUANT TO THIS PART, THE  COURT  MAY
 MAKE  A  FURTHER  ORDER FOR DISCOVERY, GRANT A CONTINUANCE, ORDER THAT A
 HEARING BE REOPENED, ORDER THAT A WITNESS BE CALLED OR RECALLED, DRAW AN
 ADVERSE INFERENCE REGARDING THE NON-COMPLIANCE,  PRECLUDE  OR  STRIKE  A
 WITNESS'S  TESTIMONY  OR  A  PORTION  OF A WITNESS'S TESTIMONY, ADMIT OR
 EXCLUDE EVIDENCE, ORDER A MISTRIAL, ORDER THE DISMISSAL OF ALL  OR  SOME
 OF  THE  CHARGES,  OR  MAKE  SUCH OTHER ORDER AS IT DEEMS JUST UNDER THE
 CIRCUMSTANCES; EXCEPT THAT ANY SANCTION  AGAINST  THE  RESPONDENT  SHALL
 COMPORT WITH THE RESPONDENT'S CONSTITUTIONAL RIGHT TO PRESENT A DEFENSE,
 AND  PRECLUDING  A  WITNESS  FROM TESTIFYING ON BEHALF OF THE RESPONDENT
 SHALL BE PERMISSIBLE ONLY UPON A FINDING THAT THE  RESPONDENT'S  FAILURE
 TO  COMPLY  WITH THE DISCOVERY OBLIGATION OR ORDER WAS WILLFUL AND MOTI-
 VATED BY A DESIRE TO OBTAIN A TACTICAL ADVANTAGE.
   3. CONSEQUENCES OF NON-DISCLOSURE OF STATEMENT OF  WITNESS  TESTIFYING
 FOR  THE  PRESENTMENT  AGENCY.  THE FAILURE OF THE PRESENTMENT AGENCY TO
 DISCLOSE ANY WRITTEN OR RECORDED STATEMENT MADE BY A WITNESS  TESTIFYING
 ON  THE  AGENCY'S  BEHALF,  WHICH  RELATES  TO THE SUBJECT MATTER OF THE
 WITNESS'S TESTIMONY, SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO ORDER
 A NEW PRE-TRIAL HEARING OR SET ASIDE AN ADJUDICATION, OR REVERSE, MODIFY
 OR VACATE AN ADJUDICATION, IN THE ABSENCE OF A SHOWING BY THE RESPONDENT
 THAT THERE IS A REASONABLE POSSIBILITY  THAT  THE  NON-DISCLOSURE  MATE-
 RIALLY  CONTRIBUTED  TO  THE  RESULT  OF  THE TRIAL OR OTHER PROCEEDING;
 PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  AFFECT  OR  LIMIT
 ANY  RIGHT  THE RESPONDENT MAY HAVE TO A REOPENED PRE-TRIAL HEARING WHEN
 SUCH STATEMENTS WERE DISCLOSED BEFORE THE CLOSE OF EVIDENCE AT THE FACT-
 FINDING HEARING.
   § 331.13. ADMISSIBILITY OF DISCOVERY. THE FACT THAT A PARTY HAS  INDI-
 CATED  DURING  THE  DISCOVERY  PROCESS  AN  INTENTION TO OFFER SPECIFIED
 EVIDENCE OR TO CALL A SPECIFIED WITNESS IS NOT ADMISSIBLE IN EVIDENCE OR
 GROUNDS FOR ADVERSE COMMENT AT A PRE-TRIAL OR FACT-FINDING HEARING.
   § 3. Subdivision 2 of section 325 of the judiciary law,  as  added  by
 chapter 920 of the laws of 1982, is amended to read as follows:
   2.  Where an application follows a demand to produce any transcript of
 testimony at a grand jury proceeding pursuant to paragraph (b) of subdi-
 vision [two] ONE of section [331.2 or paragraph (a) of  subdivision  one
 of  section  331.4] 331.3 of the family court act the presentment agency
 and respondent shall be given notice of such application and an opportu-
 nity to be heard.
   § 4. Subdivision 5 of section 330.1 of the family court act, as  added
 by chapter 398 of the laws of 1983, is amended to read as follows:
   5.  Court  ordered bill of particulars. Where a presentment agency has
 timely served a written refusal pursuant to  subdivision  four  of  this
 A. 1320                            16
 
 section  and upon motion, made in writing, of a respondent, who has made
 a request for a bill of particulars  and  whose  request  has  not  been
 complied  with  in  whole  or  in  part, the court must, to the extent a
 protective  order  is  not  warranted,  order  the presentment agency to
 comply with the request if it is satisfied that  the  items  of  factual
 information requested are authorized to be included in a bill of partic-
 ulars,  and  that such information is necessary to enable the respondent
 adequately to prepare or conduct his defense and,  if  the  request  was
 untimely,  a  finding  of  good cause for the delay. Where a presentment
 agency has not timely served a written refusal pursuant  to  subdivision
 four  of  this  section  the court must, unless it is satisfied that the
 presentment agency has shown good cause why such an order should not  be
 issued,  issue  an  order  requiring the presentment agency to comply or
 providing for any other order authorized by subdivision one  of  section
 [331.6] 331.12 OF THIS PART.
   § 5. This act shall take effect January 1, 2024.