S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6847
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law and  the  executive  law,  in
   relation  to  requiring  the  prosecution to disclose to the defendant
   certain information relating to jailhouse informants; and  to  require
   prosecutors  to  notify  victims  of the informant's crimes in certain
   circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 245.21 to read as follows:
 § 245.21 DISCLOSURE; JAILHOUSE DEFENDANTS.
   1. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "BENEFIT" MEANS ANY PLEA BARGAIN, BAIL OR SECURING ORDER CONSIDER-
 ATION,  REDUCTION  OR  MODIFICATION  OF  SENTENCE OR ANY OTHER LENIENCY,
 IMMUNITY, FINANCIAL PAYMENT, REWARD OR AMELIORATION OF CURRENT OR FUTURE
 CONDITIONS OF INCARCERATION OFFERED OR PROVIDED TO A JAILHOUSE INFORMANT
 OR THIRD PARTY IN CONNECTION WITH, OR IN EXCHANGE FOR, TESTIMONY THAT IS
 OFFERED OR PROVIDED.
   (B) "JAILHOUSE INFORMANT" MEANS A PERSON WHO IS  INCARCERATED  AT  THE
 TIME  THAT  HE OR SHE OFFERS OR PROVIDES TESTIMONY, WHETHER OR NOT IT IS
 PRESENTED IN COURT PROCEEDINGS, CONCERNING STATEMENTS MADE BY  A  PERSON
 SUSPECTED AS A PERPETRATOR OF AN OFFENSE OR A DEFENDANT.
   2.  IN  ANY  CRIMINAL  TRIAL  OR  PROCEEDING  IN WHICH THE PROSECUTION
 INTENDS TO CALL A JAILHOUSE INFORMANT TO TESTIFY,  IN  ADDITION  TO  ANY
 DISCOVERY  OR DISCLOSURE OBLIGATIONS REQUIRED PURSUANT TO THE PROVISIONS
 OF THIS ARTICLE OR ANY OTHER PROVISION OF  LAW,  THE  PROSECUTION  SHALL
 OBTAIN AND DISCLOSE TO THE DEFENDANT THE FOLLOWING INFORMATION:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01857-01-3
 A. 6847                             2
 
              

   (A)  THE  COMPLETE  CRIMINAL  HISTORY OF ANY SUCH JAILHOUSE INFORMANT,
 INCLUDING ANY CHARGES PENDING AGAINST SUCH INFORMANT  AND  CHARGES  THAT
 WERE REDUCED OR DISMISSED AS PART OF A PLEA BARGAIN;
   (B)  A  SUMMARY  OF  ALL PROMISES, REWARDS AND INDUCEMENTS MADE BY THE
 PROSECUTION OR LAW ENFORCEMENT PERSONNEL TO, OR IN FAVOR  OF  THE  JAIL-
 HOUSE INFORMANT, AS WELL AS REQUESTS FOR CONSIDERATION BY SUCH JAILHOUSE
 INFORMANT, INCLUDING COPIES OF ANY COOPERATION AGREEMENT AND ANY AND ALL
 OTHER DOCUMENTS RELEVANT TO ANY SUCH PROMISE, REWARD OR INDUCEMENT;
   (C)  THE SUBSTANCE, TIME AND PLACE OF ANY STATEMENT ALLEGEDLY GIVEN BY
 THE DEFENDANT TO A JAILHOUSE INFORMANT,  AND  THE  SUBSTANCE,  TIME  AND
 PLACE  OF  ANY  STATEMENT GIVEN BY A JAILHOUSE INFORMANT IMPLICATING THE
 DEFENDANT IN A CRIME FOR WHICH THE DEFENDANT IS CHARGED;
   (D) WHETHER AT ANY TIME THE JAILHOUSE INFORMANT RECANTED ANY TESTIMONY
 SUBJECT TO DISCLOSURE PURSUANT TO THIS SECTION OR ANY OTHER PROVISION OF
 THIS TITLE AND, IF SO, THE TIME AND PLACE OF THE RECANTATION, THE NATURE
 OF THE RECANTATION AND THE NAME OF ANY PERSON PRESENT AT  SUCH  RECANTA-
 TION; AND
   (E) ALL INFORMATION CONCERNING ANY OTHER CRIMINAL PROSECUTION IN WHICH
 THE  JAILHOUSE  INFORMANT TESTIFIED, OR OFFERED TO TESTIFY IN CONNECTION
 WITH A SEPARATE INVESTIGATION OR PROCEEDING, WHETHER OR NOT SUCH  TESTI-
 MONY  WAS  OR  WILL  BE PRESENTED IN COURT PROCEEDINGS, AGAINST A PERSON
 SUSPECTED AS THE PERPETRATOR OF AN OFFENSE OR A DEFENDANT WITH WHOM  THE
 JAILHOUSE  INFORMANT  WAS  IMPRISONED OR OTHERWISE CONFINED, INCLUDING A
 SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE BY THE PROSECUTION
 OR LAW ENFORCEMENT PERSONNEL TO, OR IN FAVOR OF THE JAILHOUSE INFORMANT,
 AS WELL AS REQUESTS FOR CONSIDERATION BY SUCH JAILHOUSE  INFORMANT,  AND
 COPIES  OF  ANY  COOPERATION  AGREEMENT  AND ANY AND ALL OTHER DOCUMENTS
 RELEVANT TO ANY SUCH PROMISE, REWARD OR INDUCEMENT.
   3. COUNSEL FOR THE DEFENDANT SHALL  BE  PROVIDED  THE  OPPORTUNITY  TO
 DEPOSE  THE  JAILHOUSE INFORMANT PRIOR TO ENTERING INTO ANY PLEA NEGOTI-
 ATIONS OR COMMENCEMENT OF TRIAL OR OTHER PROCEEDING.
   4. NOTWITHSTANDING ANY  CONTRARY  PROVISION  OF  LAW,  NO  PROSECUTING
 ATTORNEY  SHALL  OFFER A DISMISSAL OF OR REFUSE TO BRING CHARGES FOR THE
 CRIMES OF MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THE
 PENAL LAW, MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.20
 OF THE PENAL LAW, RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION  130.35
 OF  THE PENAL LAW, OR KIDNAPPING IN THE FIRST DEGREE PURSUANT TO SECTION
 135.25 OF THE PENAL LAW, IN EXCHANGE FOR THE TESTIMONY OF ANY WITNESS.
   5. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NO PROSECUTOR OR LAW
 ENFORCEMENT PERSONNEL SHALL OFFER OR PROMISE ANY BENEFIT OR OTHER REWARD
 OR INDUCEMENT TO A JAILHOUSE  INFORMANT  WITH  RESPECT  TO  ANY  PENDING
 CHARGES OR CRIMINAL INVESTIGATIONS INVOLVING SUCH JAILHOUSE INFORMANT IN
 EXCHANGE  FOR  SUCH  INFORMANT'S TESTIMONY UNLESS SUCH PROSECUTOR OR LAW
 ENFORCEMENT PERSONNEL SHALL HAVE  FIRST  OBTAINED  JUDICIAL  CONSENT  TO
 REDUCE  OR DISMISS ANY SUCH PENDING CHARGE OR TO REDUCE THE SENTENCE FOR
 ANY SUCH CHARGE IN EXCHANGE FOR SUCH JAILHOUSE INFORMANT'S TESTIMONY  OR
 OTHER COOPERATION.
   6.  (A)  EVERY DISTRICT ATTORNEY OR OTHER PROSECUTING AGENCY THAT USES
 INFORMATION PROVIDED BY A JAILHOUSE INFORMANT IN ANY  INVESTIGATION  AND
 PROSECUTION OF CRIMINAL CASES SHALL MAINTAIN A RECORD OF ALL SUCH INFOR-
 MATION, WHICH SHALL INCLUDE:
   (I)  THE SUBSTANCE OF EACH JAILHOUSE INFORMANT'S TESTIMONY, WHETHER OR
 NOT IT WAS PRESENTED IN COURT PROCEEDINGS; AND
   (II) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS  MADE  BY  THE
 PROSECUTION  OR  LAW  ENFORCEMENT PERSONNEL TO, OR IN FAVOR OF THE JAIL-
 HOUSE INFORMANT, AS WELL AS REQUESTS FOR CONSIDERATION BY SUCH JAILHOUSE
 A. 6847                             3
 
 INFORMANT, AND COPIES OF ANY COOPERATION AGREEMENT AND ANY AND ALL OTHER
 DOCUMENTS RELEVANT TO ANY SUCH PROMISE, REWARD OR INDUCEMENT.
   (B)  ALL  INFORMATION REQUIRED TO BE COLLECTED AND MAINTAINED PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE TRANSMITTED TO THE COMMIS-
 SIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES TO BE MAINTAINED  IN
 A STATEWIDE DATABASE.
   (C)  EXCEPT  AS OTHERWISE PROVIDED HEREIN, ALL INFORMATION REQUIRED TO
 BE COLLECTED AND MAINTAINED PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION  IS CONFIDENTIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO
 THE FREEDOM OF INFORMATION LAW OR OTHERWISE MADE AVAILABLE TO ANY PERSON
 OR PUBLIC OR  PRIVATE  AGENCY  EXCEPT  WHERE  SPECIFICALLY  REQUIRED  OR
 PERMITTED  PURSUANT TO THIS SECTION OR OTHER STATUTE OR COURT ORDER. ALL
 SUCH INFORMATION SHALL BE ACCESSIBLE ONLY TO THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES,  PROVIDED,  HOWEVER  THAT  DIVISION SHALL PROVIDE ALL
 INFORMATION RELATING TO A SPECIFIC JAILHOUSE INFORMANT TO ANY  PROSECUT-
 ING ATTORNEY OR DEFENSE COUNSEL UPON REQUEST.
   §  2.  Section  642  of  the  executive law is amended by adding a new
 subdivision 2-b to read as follows:
   2-B. (A) ALL DISTRICT ATTORNEYS' OFFICES AND OTHER  PROSECUTING  AGEN-
 CIES  SHALL  MAKE  EVERY REASONABLE EFFORT TO NOTIFY A VICTIM OF A CRIME
 COMMITTED BY A JAILHOUSE INFORMANT AS DEFINED IN PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION 245.21 OF THE CRIMINAL PROCEDURE  LAW  WHENEVER  A
 PROSECUTOR HAS PROMISED, OFFERED OR PROVIDED ANY OF THE BENEFITS DEFINED
 IN  PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF SUCH SECTION TO A JAILHOUSE
 INFORMANT  IN  EXCHANGE  FOR,  OR  AS  THE  RESULT  OF,  SUCH  JAILHOUSE
 INFORMANT'S OFFERING OR PROVIDING TESTIMONY AGAINST A SUSPECT OR DEFEND-
 ANT, INCLUDING:
   (I) A REDUCTION OR DISMISSAL OF CHARGES;
   (II) A PLEA BARGAIN;
   (III)  SUPPORT  FOR A MODIFICATION OF THE AMOUNT OR CONDITIONS OF BAIL
 OR OTHER SECURING ORDER; OR
   (IV) SUPPORT FOR A MOTION TO REDUCE OR MODIFY A SENTENCE.
   (B) EFFORTS TO NOTIFY THE VICTIM SHALL INCLUDE, IN ORDER OF PRIORITY:
   (I) CONTACTING THE VICTIM OR A PERSON  DESIGNATED  BY  THE  VICTIM  BY
 TELEPHONE; OR
   (II)  CONTACTING THE VICTIM BY MAIL.
   (C)  IF  A  JAILHOUSE  INFORMANT IS IN CUSTODY AT THE TIME OF ANY SUCH
 PROMISE, OFFER, OR PROVISION OF BENEFITS DESCRIBED IN SUBDIVISION TWO OF
 THIS SECTION, SUCH NOTIFICATION ATTEMPT SHALL BE MADE BEFORE  THE  JAIL-
 HOUSE INFORMANT IS RELEASED FROM CUSTODY. WHENEVER A PROSECUTOR NOTIFIES
 A  VICTIM OF DOMESTIC ASSAULT, CRIMINAL SEXUAL CONDUCT, OR HARASSMENT OR
 STALKING UNDER THIS SECTION, THE PROSECUTOR SHALL ALSO INFORM THE VICTIM
 OF THE METHOD AND BENEFITS OF SEEKING AN ORDER OR  PROTECTION  AND  THAT
 THE VICTIM MAY SEEK AN ORDER WITHOUT PAYING A FEE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.