S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2351
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by M. of A. SEPTIMO -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  discovery
   restrictions for photographs of minors depicting sexual or other inti-
   mate parts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (h) of subdivision 1 of  section  245.20  of  the
 criminal  procedure law, as added by section 2 of part LLL of chapter 59
 of the laws of 2019, is amended to read as follows:
   (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 prosecutor intends to call as a witness  at  trial  or  a  pre-trial
 hearing,  or  which  relate to the subject matter of the case; PROVIDED,
 HOWEVER, THAT ANY PHOTOGRAPHS DEPICTING THE  SEXUAL  OR  OTHER  INTIMATE
 PARTS  OF  A PERSON UNDER THE AGE OF EIGHTEEN AT THE TIME THE PHOTOGRAPH
 WAS TAKEN  SHALL  FIRST  BE  SUBJECT  TO  IN  CAMERA  REVIEW  AND  OTHER
 RESTRICTIONS  PROVIDED  BY  SUBDIVISION  EIGHT OF SECTION 245.70 OF THIS
 ARTICLE.
   § 2. Section 245.70 of the criminal procedure law is amended by adding
 a new subdivision 8 to read as follows:
   8. PHOTOGRAPHS DEPICTING THE SEXUAL  OR  OTHER  INTIMATE  PARTS  OF  A
 MINOR.  ANY PHOTOGRAPH DEPICTING THE SEXUAL OR OTHER INTIMATE PARTS OF A
 PERSON UNDER THE AGE OF EIGHTEEN AT THE TIME THE PHOTOGRAPH  WAS  TAKEN,
 AND  WHICH  IS OTHERWISE SUBJECT TO DISCLOSURE PURSUANT TO PARAGRAPH (H)
 OF SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE, SHALL  BE  SUBJECT
 TO IN CAMERA REVIEW PRIOR TO DISCLOSURE TO DETERMINE THE MANNER IN WHICH
 SUCH  PHOTOGRAPH SHALL BE DISCLOSED, WITHOUT NEED FOR A MOTION BY EITHER
 PARTY. IN DETERMINING THE MANNER OF DISCLOSURE, THE COURT SHALL CONSIDER
 THE BODY PARTS  DEPICTED  IN  THE  PHOTOGRAPH,  THE  AGE  OF  THE  MINOR
 DEPICTED, THE NATURE OF THE PHOTOGRAPH, THE RELEVANCE AND MATERIALITY OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04530-01-3
              

 A. 2351                             2
 
 THE  PHOTOGRAPH  TO  THE PENDING CASE, THE IMPACT DISCLOSURE MAY HAVE ON
 THE MINOR DEPICTED, THE NATURE OF  THE  CRIME  OR  CRIMES  CHARGED,  THE
 RELATIONSHIP  BETWEEN  THE  MINOR  DEPICTED  AND  THE  DEFENDANT AND ANY
 ALLEGED  RELATIONSHIP BETWEEN THE MINOR DEPICTED AND THE DEFENDANT, AND,
 WHEN KNOWN, THE WISHES OF THE MINOR DEPICTED. THERE SHALL BE A  REBUTTA-
 BLE  PRESUMPTION  THAT  SUCH  PHOTOGRAPH  SHALL BE DISCLOSED ONLY TO THE
 COUNSEL AND RELEVANT EXPERTS FOR THE DEFENDANT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.