S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7033
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the discovery
   of material, non-material and impeachment information and the required
   time frame for such discovery
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (j)  of  subdivision 4 of section 30.30 of the
 criminal procedure law, as amended by section 1 of part KKK  of  chapter
 59 of the laws of 2019, is amended to read as follows:
   (j)  the period during which a family offense is before a family court
 until such time as an  accusatory  instrument  or  indictment  is  filed
 against the defendant alleging a crime constituting a family offense, as
 such term is defined in section 530.11 of this chapter;
   (K)  THE  PERIOD  DURING  WHICH THE PROSECUTION PERFORMS ITS DISCOVERY
 OBLIGATIONS UNDER PARAGRAPHS (A), (B) AND  (C)  OF  SUBDIVISION  ONE  OF
 SECTION 245.10 OF THIS ARTICLE PROVIDED THAT THE CERTIFICATES OF COMPLI-
 ANCE  FOR  EACH  DISCLOSURE  ARE FILED WITHIN THE PERIOD OUTLINED IN THE
 RESPECTIVE SUBDIVISIONS; PROVIDED, HOWEVER,  THAT  DELAY  IN  COMPLIANCE
 BEYOND  THE MANDATED PERIODS MAY BE EXCLUDABLE AS AN EXCEPTIONAL CIRCUM-
 STANCE UNDER PARAGRAPH (G) OF THIS SUBDIVISION.
   § 2. The section heading and subdivision 1 of section  245.10  of  the
 criminal  procedure law, as added by section 2 of part LLL of chapter 59
 of the laws of 2019, paragraph  (a)  of  subdivision  1  as  amended  by
 section 1 of part HHH of chapter 56 of the laws of 2020 and subparagraph
 (iii)  of  paragraph (a) as amended by section 5 of subpart D of part UU
 of chapter 56 of the laws of 2022, are amended to read as follows:
   Timing of discovery AND CERTAIN PRE-TRIAL MOTION PROCEDURE.
   1. (a) [Subject to subparagraph (iv) of  this  paragraph,  the  prose-
 cution shall perform its initial discovery obligations under subdivision
 one  of  section  245.20  of this article as soon as practicable but not

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08106-01-3
              

 A. 7033                             2

 later than the time periods specified in subparagraphs (i) and  (ii)  of
 this  paragraph, as applicable. Portions of materials claimed to be non-
 discoverable may be withheld pending a determination and ruling  of  the
 court  under  section 245.70 of this article; but the defendant shall be
 notified in writing that information has  not  been  disclosed  under  a
 particular subdivision of such section, and the discoverable portions of
 such  materials  shall  be disclosed to the extent practicable. When the
 discoverable materials, including video footage from body-worn  cameras,
 surveillance cameras, or dashboard cameras, are exceptionally voluminous
 or, despite diligent, good faith efforts, are otherwise not in the actu-
 al  possession of the prosecution, the time period in this paragraph may
 be stayed by up to an additional thirty calendar days without need for a
 motion pursuant to subdivision two of section 245.70 of this article.
   (i) When a defendant is in custody during the pendency of the criminal
 case, the prosecution shall perform its  initial  discovery  obligations
 within  twenty  calendar  days  after  the defendant's arraignment on an
 indictment, superior court information, prosecutor's information, infor-
 mation,  simplified  information,  misdemeanor   complaint   or   felony
 complaint.
   (ii)  When  the defendant is not in custody during the pendency of the
 criminal case, the prosecution shall perform its initial discovery obli-
 gations within thirty-five calendar days after the defendant's  arraign-
 ment on an indictment, superior court information, prosecutor's informa-
 tion,  information,  simplified  information,  misdemeanor  complaint or
 felony complaint.
   (iii)] THE PROSECUTION SHALL PERFORM ITS INITIAL DISCOVERY OBLIGATIONS
 UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE
 AS SOON AS PRACTICABLE BUT NOT LATER THAN THIRTY DAYS AFTER THE  DEFEND-
 ANT'S   ARRAIGNMENT   ON  AN  INDICTMENT,  SUPERIOR  COURT  INFORMATION,
 PROSECUTOR'S INFORMATION, INFORMATION, SIMPLIFIED INFORMATION, MISDEMEA-
 NOR COMPLAINT OR FELONY COMPLAINT.   WHEN THE PROSECUTION  HAS  PROVIDED
 THE  DISCOVERY  REQUIRED  BY PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 245.20 OF THIS ARTICLE, IT SHALL SERVE UPON THE DEFENDANT AND FILE  WITH
 THE  COURT  A  CERTIFICATE  OF COMPLIANCE PURSUANT TO SUBDIVISION ONE OF
 SECTION 245.50 OF THIS ARTICLE.
   (B) ONCE THE PROSECUTION  HAS  FILED  ITS  CERTIFICATE  OF  COMPLIANCE
 CONCERNING  THE  DISCLOSURE REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE
 OF SECTION 245.20 OF THIS ARTICLE, THE DEFENSE MUST FILE  ITS  PRE-TRIAL
 MOTIONS  WITHIN  FORTY-FIVE  DAYS  OF THAT FILING. THE PROSECUTION SHALL
 BEGIN PERFORMANCE OF THEIR DISCLOSURE  OF  DISCOVERY  OBLIGATIONS  UNDER
 PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE AFTER
 COMPLETION  OF  THEIR DISCOVERY, MUST FILE THEIR RESPONSE TO THE OMNIBUS
 MOTION WITHIN 30 DAYS OF ITS RECEIPT AND MUST COMPLETE THEIR  DISCLOSURE
 OF  DISCOVERY  OBLIGATIONS  UNDER  PARAGRAPH  (B)  OF SUBDIVISION ONE OF
 SECTION 245.20 OF THIS ARTICLE NO LATER THAN THE DATE OF THE  FILING  OF
 THEIR  OMNIBUS  MOTION  RESPONSE.  ONCE THE PROSECUTION HAS PROVIDED THE
 DISCOVERY REQUIRED BY PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 245.20
 OF THIS ARTICLE, IT SHALL SERVE UPON THE DEFENDANT  AND  FILE  WITH  THE
 COURT A CERTIFICATE OF COMPLIANCE PURSUANT TO SUBDIVISION ONE OF SECTION
 245.50  OF  THIS  ARTICLE.  UPON  ITS FILING, THE PROSECUTION MAY FILE A
 CERTIFICATE OF READINESS OR ANNOUNCE READINESS FOR TRIAL.
   (C) THE PROSECUTION SHALL  PERFORM  ITS  DISCOVERY  OBLIGATIONS  UNDER
 PARAGRAPH  (C)  OF  SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE NO
 LATER THAN FIFTEEN DAYS AFTER  DECISION  ON  THE  DEFENDANT'S  PRE-TRIAL
 MOTIONS.
 A. 7033                             3

   (D)  Notwithstanding  the  previous  provisions  of  this section, the
 prosecutor's obligations shall not apply  to  a  simplified  information
 charging  a  traffic infraction under the vehicle and traffic law, or to
 an information charging one or more petty offenses  as  defined  by  the
 municipal  code of a village, town, city, or county, that do not carry a
 statutorily authorized sentence of imprisonment, and where the defendant
 stands charged before the court  with  no  crime  or  offense,  provided
 however that nothing in this subparagraph shall prevent a defendant from
 filing  a  motion  for  disclosure  of  such items and information under
 subdivision one of section 245.20 of this article. The court  shall,  at
 the  first  appearance,  advise  the  defendant of their right to file a
 motion for discovery.
   [(iv)(A)] (E)(I) Portions of materials THAT MUST  BE  DISCLOSED  UNDER
 PARAGRAPHS  (A),  (B),  AND  (C) OF SUBDIVISION ONE OF SECTION 245.20 OF
 THIS ARTICLE claimed to be non-discoverable may be  withheld  pending  a
 determination and ruling of the court under section 245.70 of this arti-
 cle; but the defendant shall be notified in writing that information has
 not  been  disclosed under a particular subdivision of such section, and
 the discoverable portions of such materials shall be  disclosed  to  the
 extent practicable. Information related to or evidencing the identity of
 a  911 caller, the victim or witness of an offense defined under article
 one hundred thirty or sections 230.34 and 230.34-a of the penal law,  or
 any  other victim or witness of a crime where the defendant has substan-
 tiated affiliation with a criminal enterprise as defined in  subdivision
 three  of  section  460.10  of  the penal law may be withheld, provided,
 however, the defendant may move the court for disclosure.
   [(B)] (II) When the discoverable materials are  exceptionally  volumi-
 nous  or, despite diligent, good faith efforts, are otherwise not in the
 actual possession of the prosecution, the time period in this  paragraph
 may  be  extended  pursuant  to  a motion pursuant to subdivision two of
 section 245.70 of this article. For purposes of this article, voluminous
 materials may include, but are not limited to, video footage  from  body
 worn cameras, surveillance cameras or dashboard cameras.
   (b)  The  prosecution  shall  perform its supplemental discovery obli-
 gations under subdivision three of section 245.20  of  this  article  as
 soon  as  practicable  but not later than fifteen calendar days prior to
 the first scheduled trial date.
   (c)] (F) The prosecution shall disclose statements of the defendant as
 described in paragraph (a) of subdivision one of section 245.20 of  this
 article  to  any  defendant  who  has been arraigned in a local criminal
 court upon a  currently  undisposed  of  felony  complaint  charging  an
 offense  which  is  a  subject  of  a  prospective or pending grand jury
 proceeding, no later than forty-eight hours before  the  time  scheduled
 for  the  defendant  to  testify  at a grand jury proceeding pursuant to
 subdivision five of section 190.50 of this part.
   § 3. Subdivisions 1, 2, 4 and 5 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 and paragraphs (c), (f), (g) and (j) of  subdivision  1  as
 amended  by section 2 of part HHH of chapter 56 of the laws of 2020, are
 amended to read as follows:
   1. Initial discovery for the defendant. The prosecution shall disclose
 to the defendant, and permit the defendant to discover,  inspect,  copy,
 photograph  and test, all items and information IN THE FOLLOWING CATEGO-
 RIES OF INFORMATION that relate to the subject matter of  the  case  and
 are  in the possession, custody or control of the prosecution or persons
 A. 7033                             4
 
 under the prosecution's direction or control, including but not  limited
 to:
   (a) MATERIAL INFORMATION:
   (I)  All written or recorded statements, and the substance of all oral
 statements, made by the defendant or a co-defendant to a public  servant
 engaged in law enforcement activity or to a person then acting under his
 or her direction or in cooperation with him or her.
   [(b)] (II) All transcripts of the testimony of a person who has testi-
 fied  before a grand jury, including but not limited to the defendant or
 a co-defendant. If in the exercise of reasonable diligence, and  due  to
 the  limited  availability  of  transcription resources, a transcript is
 unavailable for disclosure within the time period specified in  subdivi-
 sion  one  of  section  245.10  of this article, such time period may be
 stayed by up to an additional thirty calendar days without  need  for  a
 motion  pursuant  to  subdivision two of section 245.70 of this article;
 except that such disclosure shall be made as soon as practicable and not
 later than [thirty calendar days before the first scheduled trial  date]
 THE  END  OF  THE  TIME PERIOD UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF
 SECTION 245.10 OF THIS ARTICLE, unless an order is obtained pursuant  to
 section  245.70  of this article.   When the court is required to review
 grand jury transcripts, the prosecution shall disclose such  transcripts
 to the court expeditiously upon receipt by the prosecutor, notwithstand-
 ing  the  otherwise-applicable time periods for disclosure in this arti-
 cle.
   [(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, including a designation by the  prosecutor  as  to
 which of those persons may be called as witnesses. Nothing in this para-
 graph  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  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.
   (d) The name and work affiliation of  all  law  enforcement  personnel
 whom  the  prosecutor  knows to have evidence or information relevant to
 any offense charged or to any potential  defense  thereto,  including  a
 designation by the prosecutor 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,  with-
 out  need  for  a motion pursuant to section 245.70 of this article; but
 the prosecution shall notify the defendant in writing that such informa-
 tion has not been disclosed, unless the court rules otherwise  for  good
 cause shown.
   (e)]  (III)  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,
 A. 7033                             5
 
 and  law enforcement agency reports. This provision also includes state-
 ments, written or recorded or summarized in any writing or recording, by
 persons to be called as witnesses at pre-trial hearings.
   [(f)  Expert  opinion  evidence, including the name, business address,
 current curriculum vitae, a list of publications, and a list  of  profi-
 ciency tests and results administered or taken within the past ten years
 of  each expert witness whom the prosecutor intends to call as a witness
 at trial or a pre-trial hearing, and all reports prepared by the  expert
 that  pertain to the case, or if no report is prepared, a written state-
 ment of the facts and opinions to which the expert is expected to testi-
 fy and a summary of the grounds for each opinion.  This  paragraph  does
 not alter or in any way affect the procedures, obligations or rights set
 forth  in section 250.10 of this title. If in the exercise of reasonable
 diligence this information is unavailable for disclosure within the time
 period specified in subdivision one of section 245.10 of  this  article,
 that period shall be stayed without need for a motion pursuant to subdi-
 vision  two  of  section  245.70 of this article; except that the prose-
 cution shall notify the defendant in writing that such  information  has
 not been disclosed, and such disclosure shall be made as soon as practi-
 cable  and not later than sixty calendar days before the first scheduled
 trial date, unless an order is obtained pursuant to  section  245.70  of
 this  article.  When the prosecution's expert witness is being called in
 response to disclosure of an expert witness by the defendant, the  court
 shall  alter  a  scheduled trial date, if necessary, to allow the prose-
 cution thirty calendar days to make the  disclosure  and  the  defendant
 thirty calendar days to prepare and respond to the new materials.
   (g)] (IV) INTENTION TO INTRODUCE EXPERT OPINION EVIDENCE.
   (V) All tapes or other electronic recordings, including all electronic
 recordings  of  911  telephone calls made or received in connection with
 the alleged criminal incident, and a designation by the prosecutor as to
 which of the recordings under this paragraph the prosecution intends  to
 introduce at trial or a pre-trial hearing. If the discoverable materials
 under  this  paragraph exceed ten hours in total length, the prosecution
 may disclose only the recordings that it intends to introduce  at  trial
 or a pre-trial hearing[, along with a list of the source and approximate
 quantity  of other recordings and their general subject matter if known,
 and the defendant shall have the right upon request to obtain recordings
 not previously disclosed. The prosecution shall disclose  the  requested
 materials as soon as practicable and not less than fifteen calendar days
 after  the  defendant's request, unless an order is obtained pursuant to
 section 245.70 of this article. The prosecution may withhold  the  names
 and  identifying information of any person who contacted 911 without the
 need for a protective order pursuant to section 245.70 of this  article,
 provided,  however,  the defendant may move the court for disclosure. If
 the prosecution intends to call such person as a witness at a  trial  or
 hearing,  the prosecution must disclose the name and contact information
 of such witness no later than fifteen days before such trial or hearing,
 or as soon as practicable].
   [(h)] (VI) 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] ARE
 RELEVANT TO THE CHARGES AGAINST THE DEFENDANT IN the case.
   [(i)] (VII) All photographs, photocopies and reproductions made by  or
 at  the  direction of law enforcement personnel of any property prior to
 its release pursuant to section 450.10 of the penal law.
 A. 7033                             6
 
   [(j)] (VIII) 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 criminal action or proceed-
 ing which were made by or at the request or direction of a public  serv-
 ant  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 the prosecution intends to introduce  at  trial  or  a
 pre-trial  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 labora-
 tory personnel regardless of the laboratory's final analysis or results.
 If  the  prosecution  submitted  one  or  more  items for testing to, or
 received results from, a forensic science laboratory or  similar  entity
 not under the prosecution's direction or control, the court on motion of
 a  party shall issue subpoenas or orders to such laboratory or entity to
 cause materials under this paragraph to be made  available  for  disclo-
 sure.  The  prosecution  shall  not  be  required to provide information
 related to the results of physical or mental examinations, or scientific
 tests or experiments or comparisons, unless and until such examinations,
 tests, experiments, or comparisons have been completed.
   [(k)] (IX) 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)] (A) negate the defendant's
 guilt as to a charged offense; [(ii)] (B) reduce the degree of or  miti-
 gate  the  defendant's  culpability as to a charged offense; [(iii)] (C)
 support a potential defense to a  charged  offense;  [(iv)  impeach  the
 credibility  of  a  testifying  prosecution  witness; (v)] (D) undermine
 evidence of the defendant's identity  as  a  perpetrator  of  a  charged
 offense;  [(vi)]  (E) provide a basis for a motion to suppress evidence;
 or [(vii)] (F) mitigate punishment.  Information under this  subdivision
 shall be disclosed whether or not such information is recorded in tangi-
 ble form and irrespective of whether the prosecutor credits the informa-
 tion.  The  prosecutor shall disclose the information expeditiously upon
 its receipt and shall not delay disclosure if  it  is  obtained  earlier
 than the time period for disclosure in subdivision one of section 245.10
 of this article.
   [(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)]  (X)  A  list of all tangible objects obtained from, or allegedly
 possessed by, the defendant or a co-defendant. The list shall include  a
 designation  by  the  prosecutor  as to which objects were physically or
 constructively possessed by the defendant 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 defendant. If the prosecution
 intends to prove the defendant'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  prose-
 cution shall also designate the location from which each tangible object
 A. 7033                             7
 
 was  recovered.  There  is also a right to inspect, copy, photograph and
 test the listed tangible objects.
   [(n)]  (XI)  Whether  a search warrant has been executed and all docu-
 ments 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)]  (XII) All tangible property that [relates to the subject matter
 of the case, along with a designation of which  items]  the  prosecution
 intends  to introduce in its case-in-chief at trial or a pre-trial hear-
 ing. If in the exercise of reasonable diligence the prosecutor  has  not
 formed  an intention within the time period specified in subdivision one
 of section 245.10 of this article that an item  under  this  subdivision
 will  be  introduced  at  trial  or a pre-trial hearing, the prosecution
 shall notify the defendant in writing, and the time period in  which  to
 designate  items  as  exhibits shall be stayed without need for a motion
 pursuant to subdivision two of section 245.70 of this article;  but  the
 disclosure  shall  be  made  as  soon  as practicable and subject to the
 continuing duty to disclose in section 245.60 of this article.
   [(p) A complete record of judgments of conviction for  all  defendants
 and  all  persons designated as potential prosecution witnesses pursuant
 to paragraph (c) of this subdivision, other than those witnesses who are
 experts.
   (q) When it is known to the prosecution, the existence of any  pending
 criminal  action against all persons designated as potential prosecution
 witnesses pursuant to paragraph (c) of this subdivision.
   (r)] (XIII) The approximate date, time and place  of  the  offense  or
 offenses charged and of the defendant's seizure and arrest.
   [(s)  In any prosecution alleging a violation of the vehicle and traf-
 fic law, where the defendant is charged by  indictment,  superior  court
 information, prosecutor's information, information, or simplified infor-
 mation, all records of calibration, certification, inspection, repair or
 maintenance  of  machines and instruments utilized to perform any scien-
 tific tests and experiments, including but not limited to any test of  a
 person's  breath,  blood,  urine or saliva, for 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 refer-
 ence  standards  and  the certification certificate, if any, held by the
 operator of the machine or  instrument.  The  time  period  required  by
 subdivision one of section 245.10 of this article shall not apply to the
 disclosure of records created six months after a test was conducted, but
 such  disclosure  shall be made as soon as practicable and in any event,
 the earlier of fifteen days following receipt, or  fifteen  days  before
 the first scheduled trial date.
   (t)]  (XIV)  In any prosecution alleging a violation of section 156.05
 or 156.10 of the penal law, the time, place and  manner  such  violation
 occurred.
   [(u)  (i)]  (XV)(A)  A  copy  of  all electronically created or stored
 information seized or obtained by or on behalf of law enforcement  from:
 [(A)]  (1) the defendant as described in CLAUSE (B) OF THIS subparagraph
 [(ii) of this paragraph]; or [(B)] (2) a source other than the defendant
 which [relates to the subject matter of]  IS  RELEVANT  TO  THE  CHARGES
 AGAINST THE DEFENDANT IN the case.
   [(ii)]  (B) If the electronically created or stored information origi-
 nates from a device, account, or other electronically stored source that
 the prosecution believes the defendant owned, maintained, or had  lawful
 A. 7033                             8
 
 access to and is within the possession, custody or control of the prose-
 cution  or  persons  under  the  prosecution's direction or control, the
 prosecution shall provide a complete copy of the electronically  created
 or stored information from the device or account or other source.
   [(iii)]  (C)  If  possession  of such electronically created or stored
 information would be a crime under New York state or  federal  law,  the
 prosecution  shall  make those portions of the electronically created or
 stored information that are not criminal to possess available as  speci-
 fied  under  this  paragraph  and shall afford counsel for the defendant
 access to inspect contraband portions  at  a  supervised  location  that
 provides  regular  and  reasonable  hours  for  such  access,  such as a
 prosecutor's office, police station, or court. ANY DELAY IN COUNSEL  FOR
 THE  DEFENDANT'S  ACCESS TO CONTRABAND PORTIONS OF SUCH MATERIALS CAUSED
 BY COUNSEL FOR SUCH DEFENDANT SHALL BE EXCLUDABLE FROM  CHARGEABLE  TIME
 AS DEFINED IN SUBDIVISION FOUR OF SECTION 30.30 OF THIS CHAPTER.
   [(iv)]  (D)  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 defendant 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  245.10 of this article, that period shall be stayed without
 need for a motion pursuant to subdivision two of section 245.70 of  this
 article, except that the prosecution shall notify the defendant in writ-
 ing  that  such  information has not been disclosed, and such disclosure
 shall be made as soon as practicable  and  not  later  than  [forty-five
 calendar days before the first scheduled trial date] THE END OF THE TIME
 PERIOD  UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 245.10 OF THIS
 ARTICLE, unless an order is obtained pursuant to section 245.70 of  this
 article.
   (B) NON-MATERIAL INFORMATION:
   (I)  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,  INCLUDING A DESIGNATION BY THE PROSECUTOR AS TO
 WHICH OF SUCH PERSONS MAY BE CALLED AS WITNESSES. NOTHING IN THIS  PARA-
 GRAPH  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  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; PROVIDED THAT THE PROSECUTION SHALL  NOTIFY  THE  DEFENDANT  IN
 WRITING  THAT  SUCH INFORMATION HAS NOT BEEN DISCLOSED, UNLESS THE COURT
 RULES OTHERWISE FOR GOOD CAUSE SHOWN.
   (II) THE NAME AND WORK AFFILIATION OF ALL  LAW  ENFORCEMENT  PERSONNEL
 WHOM  THE  PROSECUTOR  KNOWS TO HAVE EVIDENCE OR INFORMATION RELEVANT TO
 ANY OFFENSE CHARGED OR TO ANY POTENTIAL  DEFENSE  THERETO,  INCLUDING  A
 DESIGNATION  BY THE PROSECUTOR AS TO WHICH OF SUCH PERSONS MAY BE CALLED
 AS WITNESSES. INFORMATION UNDER THIS SUBDIVISION RELATING TO  UNDERCOVER
 PERSONNEL  MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS, WITH-
 OUT NEED FOR A MOTION  PURSUANT  TO  SECTION  245.70  OF  THIS  ARTICLE;
 A. 7033                             9
 
 PROVIDED THAT 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.
   (III)    A  LIST  OF  THE  SOURCE  AND  APPROXIMATE  QUANTITY OF OTHER
 RECORDINGS, AND THEIR GENERAL SUBJECT MATTER  IF  KNOWN.  THE  DEFENDANT
 SHALL  HAVE  THE  RIGHT UPON REQUEST TO OBTAIN RECORDINGS NOT PREVIOUSLY
 DISCLOSED. THE PROSECUTION SHALL DISCLOSE  THE  REQUESTED  MATERIALS  AS
 SOON  AS  PRACTICABLE  AND NOT LESS THAN FIFTEEN CALENDAR DAYS AFTER THE
 DEFENDANT'S REQUEST, UNLESS AN ORDER IS  OBTAINED  PURSUANT  TO  SECTION
 245.70  OF  THIS  ARTICLE.    THE PROSECUTION MAY WITHHOLD THE NAMES AND
 IDENTIFYING INFORMATION OF ANY PERSON WHO CONTACTED 911 WITHOUT THE NEED
 FOR A PROTECTIVE ORDER PURSUANT  TO  SECTION  245.70  OF  THIS  ARTICLE,
 PROVIDED, HOWEVER, THAT THE DEFENDANT MAY MOVE THE COURT FOR DISCLOSURE.
 IF  THE  PROSECUTION INTENDS TO CALL SUCH PERSON AS A WITNESS AT A TRIAL
 OR HEARING, THE PROSECUTION SHALL DISCLOSE THE NAME AND CONTACT INFORMA-
 TION OF SUCH WITNESS NO LATER THAN FIFTEEN DAYS  BEFORE  SUCH  TRIAL  OR
 HEARING, OR AS SOON AS PRACTICABLE.
   (IV)  ANY PHOTOGRAPHS AND DRAWINGS MADE OR COMPLETED BY A PUBLIC SERV-
 ANT 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 THAT ARE RELEVANT TO THE SUBJECT MATTER OF THE CASE AND WERE NOT
 TURNED OVER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (V)  A COPY OF ALL ELECTRONICALLY CREATED OR STORED INFORMATION SEIZED
 OR OBTAINED BY OR ON BEHALF OF LAW ENFORCEMENT FROM: (A)  THE  DEFENDANT
 AS  DESCRIBED  IN  SUBPARAGRAPH  (II) OF THIS PARAGRAPH; OR (B) A SOURCE
 OTHER THAN THE DEFENDANT WHICH IS RELEVANT TO THE SUBJECT MATTER OF  THE
 CASE AND NOT TURNED OVER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (VI)  ALL  TANGIBLE PROPERTY THAT RELATES TO THE SUBJECT MATTER OF THE
 CASE THAT WAS NOT TURNED OVER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION.  IF IN THE EXERCISE OF REASONABLE DILIGENCE THE PROSECUTOR HAS NOT
 FORMED AN INTENTION WITHIN THE TIME PERIODS SPECIFIED IN SUBDIVISION ONE
 OF SECTION 245.10 OF THIS ARTICLE THAT AN ITEM  UNDER  THIS  SUBDIVISION
 WILL  BE  INTRODUCED  AT  TRIAL  OR A PRE-TRIAL HEARING, THE PROSECUTION
 SHALL NOTIFY THE DEFENDANT IN WRITING, AND THE TIME PERIOD IN  WHICH  TO
 DESIGNATE  ITEMS  AS  EXHIBITS SHALL BE STAYED WITHOUT NEED FOR A MOTION
 PURSUANT TO SUBDIVISION TWO OF SECTION 245.70 OF THIS ARTICLE;  BUT  THE
 DISCLOSURE  SHALL  BE  MADE  AS  SOON  AS PRACTICABLE AND SUBJECT TO THE
 CONTINUING DUTY TO DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
   (C) IMPEACHMENT MATERIAL:
   (I) NAME, BUSINESS ADDRESS, CURRENT CURRICULUM VITAE, A LIST OF PUBLI-
 CATIONS, AND A LIST OF PROFICIENCY TESTS  AND  RESULTS  ADMINISTERED  OR
 TAKEN WITHIN THE PAST TEN YEARS OF EACH EXPERT WITNESS WHOM THE PROSECU-
 TOR  INTENDS  TO  CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL 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. THIS PARAGRAPH DOES NOT ALTER OR IN  ANY  WAY  AFFECT  THE
 PROCEDURES,  OBLIGATIONS  OR  RIGHTS SET FORTH IN SECTION 250.10 OF THIS
 TITLE. IF IN THE EXERCISE OF REASONABLE DILIGENCE  THIS  INFORMATION  IS
 UNAVAILABLE  FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVI-
 SION ONE OF SECTION 245.10 OF THIS ARTICLE, THAT PERIOD SHALL BE  STAYED
 WITHOUT  NEED FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 245.70
 OF THIS ARTICLE; EXCEPT THAT THE PROSECUTION SHALL NOTIFY THE  DEFENDANT
 IN  WRITING  THAT  SUCH  INFORMATION  HAS  NOT  BEEN DISCLOSED, AND SUCH
 DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN SIXTY
 CALENDAR DAYS BEFORE THE FIRST SCHEDULED TRIAL DATE, UNLESS AN ORDER  IS
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 OBTAINED  PURSUANT  TO  SECTION  245.70 OF THIS ARTICLE. WHEN THE PROSE-
 CUTION'S EXPERT WITNESS IS BEING CALLED IN RESPONSE TO DISCLOSURE OF  AN
 EXPERT WITNESS BY THE DEFENDANT, THE COURT SHALL ALTER A SCHEDULED TRIAL
 DATE,  IF  NECESSARY,  TO  ALLOW THE PROSECUTION THIRTY CALENDAR DAYS TO
 MAKE THE DISCLOSURE AND THE DEFENDANT THIRTY CALENDAR  DAYS  TO  PREPARE
 AND RESPOND TO THE NEW MATERIALS.
   (II) 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.
   (III)  A COMPLETE RECORD OF JUDGMENTS OF CONVICTION FOR ALL DEFENDANTS
 AND ALL PERSONS DESIGNATED AS POTENTIAL PROSECUTION  WITNESSES  PURSUANT
 TO THIS PARAGRAPH, OTHER THAN THOSE WITNESSES WHO ARE EXPERTS.
   (IV) WHEN IT IS KNOWN TO THE PROSECUTION, THE EXISTENCE OF ANY PENDING
 CRIMINAL  ACTION AGAINST ALL PERSONS DESIGNATED AS POTENTIAL PROSECUTION
 WITNESSES PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (V) IN ANY PROSECUTION ALLEGING A VIOLATION OF THE VEHICLE AND TRAFFIC
 LAW, WHERE THE DEFENDANT IS CHARGED BY INDICTMENT, SUPERIOR COURT INFOR-
 MATION, PROSECUTOR'S INFORMATION, INFORMATION,  OR  SIMPLIFIED  INFORMA-
 TION,  ALL  RECORDS OF CALIBRATION, CERTIFICATION, INSPECTION, REPAIR OR
 MAINTENANCE OF MACHINES AND INSTRUMENTS UTILIZED TO PERFORM  ANY  SCIEN-
 TIFIC  TESTS AND EXPERIMENTS, INCLUDING BUT NOT LIMITED TO ANY TEST OF A
 PERSON'S BREATH, BLOOD, URINE OR SALIVA, FOR 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 REFER-
 ENCE STANDARDS AND THE CERTIFICATION CERTIFICATE, IF ANY,  HELD  BY  THE
 OPERATOR  OF  THE  MACHINE  OR  INSTRUMENT.  THE TIME PERIOD REQUIRED BY
 SUBDIVISION ONE OF SECTION 245.10 OF THIS ARTICLE SHALL NOT APPLY TO THE
 DISCLOSURE OF RECORDS CREATED SIX MONTHS AFTER A TEST WAS CONDUCTED, BUT
 SUCH DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND IN  ANY  EVENT,
 THE  EARLIER  OF  FIFTEEN DAYS FOLLOWING RECEIPT, OR FIFTEEN DAYS BEFORE
 THE FIRST SCHEDULED TRIAL DATE.
   2. Duties of the prosecution. The prosecutor 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  prosecutor's  possession,  custody  or
 control; provided that the prosecutor shall not be required to obtain by
 subpoena  duces  tecum  material  or information which the defendant may
 thereby obtain. For purposes of subdivision one  of  this  section,  all
 items  and  information  related  to  the prosecution of a charge in the
 possession of any New York state or  local  police  or  law  enforcement
 agency  shall  be deemed to be in the possession of the prosecution. The
 prosecution shall also  identify  any  laboratory  having  contact  with
 evidence  related to the prosecution of a charge. This subdivision shall
 not require the prosecutor to ascertain the existence of  witnesses  not
 known to the police or another law enforcement agency, or the written or
 recorded statements thereof, under SUBPARAGRAPH (III) OF paragraph [(c)]
 (A)  or  [(e)]  SUBPARAGRAPH  (I) OF PARAGRAPH (B) of subdivision one of
 this section.
   4. Reciprocal discovery for the prosecution. (a) The defendant  shall,
 subject  to constitutional limitations, disclose to the prosecution, and
 permit the prosecution to discover, inspect,  copy  or  photograph,  any
 material and relevant evidence within the defendant's or counsel for the
 defendant's possession or control that is discoverable under [paragraphs
 (f),  (g),  (h), (j), (l) and (o)] SUBPARAGRAPHS (IV), (V), (VI), (VIII)
 A. 7033                            11
 
 OR (XII) OF PARAGRAPH (A), SUBPARAGRAPHS (III), (IV), OR (VI)  OF  PARA-
 GRAPH  (B), OR SUBPARAGRAPHS (I) OR (II) OF PARAGRAPH (C) of subdivision
 one of this section, which the defendant intends to introduce  at  trial
 or  a  pre-trial hearing, and the names, addresses, birth dates, and all
 statements, written or recorded or summarized in any writing or  record-
 ing,  of  those  persons  other  than  the  defendant whom the defendant
 intends to call as witnesses at trial or a pre-trial 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 defendant intends to call as  a  witness  for  the  sole
 purpose  of impeaching a prosecution witness is not required until after
 the prosecution witness has testified at trial.
   (c) If in  the  exercise  of  reasonable  diligence  the  reciprocally
 discoverable  information  under  SUBPARAGRAPHS  (IV) OR (XII) paragraph
 [(f) or (o)] (A), SUBPARAGRAPH (VI) OF PARAGRAPH  (B),  OR  SUBPARAGRAPH
 (I)  OF  PARAGRAPH (C) of subdivision one of this section is unavailable
 for disclosure within the time period specified in  subdivision  two  of
 section 245.10 of this article, such time period shall be stayed without
 need  for a motion pursuant to subdivision two of section 245.70 of this
 article; but the disclosure shall be made as  soon  as  practicable  and
 subject  to  the  continuing  duty to disclose in section 245.60 of this
 article.
   5. Stay of automatic discovery; remedies and sanctions. Section 245.10
 and [subdivisions] PARAGRAPHS (A), (B) AND (C) OF SUBDIVISION one[, two,
 three] and SUBDIVISION 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
 245.80 of this article. However, 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
 245.70  of this article and production of the item shall be stayed pend-
 ing a ruling by the court. The opposing party shall be notified in writ-
 ing 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  parts  shall  be disclosed and the disclosing
 party shall give notice in writing that non-discoverable parts have been
 withheld.
   § 4. Subdivision 1 of section 255.20 of the criminal procedure law, as
 amended by section 7 of part LLL of chapter 59 of the laws of  2019,  is
 amended to read as follows:
   1.  Except as otherwise expressly provided by law, whether the defend-
 ant is represented by counsel or elects to proceed pro se, all pre-trial
 motions shall be served or filed within [forty-five days after  arraign-
 ment]  THE  TIME  PERIODS AS DEFINED BY SECTION 245.10 OF THIS TITLE and
 before commencement of trial, or within  such  additional  time  as  the
 court  may  fix upon application of the defendant made prior to entry of
 judgment. [In an action in which either (a) material or information  has
 been  disclosed  pursuant  to paragraph (m) or (n) of subdivision one of
 section 245.20 of this title, (b) an eavesdropping warrant and  applica-
 tion  have been furnished pursuant to section 700.70 of this chapter, or
 (c) a notice of intention to introduce evidence has been served pursuant
 to section 710.30 of this chapter, such period shall be  extended  until
 forty-five days after the last date of such service. If the defendant is
 not  represented  by  counsel and has requested an adjournment to obtain
 A. 7033                            12

 counsel or to have counsel assigned, such forty-five  day  period  shall
 commence on the date counsel initially appears on defendant's behalf.]
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.