NY State Senate Bill 2023-S1018

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 09, 2023	referred to codes

2023-S1018 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§245.10 & 245.20 CP L
Versions Introduced in 2021-2022 Legislative Session:: S8168

2023-S1018 (ACTIVE) - Summary

Provides that evidence of a homicide where the defendant has substantiated affiliation with a criminal enterprise may be withheld from discovery.

2023-S1018 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1018

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the timing of
certain discovery

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends clause (A) of subparagraph (iv) of paragraph (a) of
subdivision 1 of section 245.10 of the criminal procedure law to include
any felony defined under article one hundred twenty-five of the penal
law to the list of offenses in which the identity of the 911 caller, the
victim, or witness may be withheld, provided that the defendant may move
the court for disclosure.

Section two amends paragraph c of subdivision 1 of section 240.20 of the
criminal procedure law to make corresponding changes.

Section three is the effective date.

JUSTIFICATION:

According to the Federal Bureau of Investigation, homicides across the
United States increased by 30% in 2020. In New York, violent crimes are
also steadily on the rise. For example, in Rochester, the number of
shooting victims in 2021 was up over 105% from the 2016-2020 five-year
average. Using the same metrics, individuals killed by gun violence was
up 120% from the five-year average. While there are many factors
involved with such a spike in violence, one particularly alarming
statistic is that the homicide clearance rate, which indicates the
percentage of homicides in which the perpetrator has been identified,
has plummeted. Though the clearance rate for municipalities across the
state used to be over 90%, it has recently fallen to, at best, around
70%, and, at worst, to merely half.

One factor in such a low clearance rate is the reticence of witnesses to
come forward with information for fear that their identities will be
disclosed to the perpetrator, who may harm them or their loved ones.
This bill, building off of reforms from the 2020 budget, adds in homi-
cide crimes to the list of offenses for which the prosecution can with-
hold the disclosure of any 911 caller, victim, or witness.  The defense
still has a legal right to move the court for disclosure, if warranted.
By providing this additional layer of protection, police departments
across the state may see more cooperation with witnesses, in order to
bring justice and closure to those most affected by the pandemic of
violence in our state.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.8168

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2023-S1018 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1018
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the timing of
   certain discovery
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Clause (A) of subparagraph (iv) of paragraph (a) of subdi-
 vision 1 of section 245.10 of the criminal procedure law, as amended  by
 section  1  of part HHH of chapter 56 of the laws of 2020, is amended to
 read as follows:
   (A) Portions of materials claimed to be non-discoverable may be  with-
 held  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.  Information  related to or
 evidencing the identity of a 911 caller, the victim or  witness  of  ANY
 FELONY DEFINED UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR
 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 substantiated affiliation with a criminal enter-
 prise 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.
   § 2. Paragraph (c) of subdivision 1 of section 245.20 of the  criminal
 procedure  law, as amended by section 2 of part HHH of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (c) The names and adequate contact information for all  persons  other
 than  law  enforcement  personnel  whom  the  prosecutor  knows  to have
 evidence or information relevant to any offense charged or to any poten-
 tial defense thereto, including a designation by the  prosecutor  as  to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02645-01-3

 S. 1018                             2
 
 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  ANY
 FELONY DEFINED UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR
 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.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S1018

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2023-S1018 (ACTIVE) - Details

2023-S1018 (ACTIVE) - Summary

2023-S1018 (ACTIVE) - Sponsor Memo

2023-S1018 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1018

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Sponsored By

Jeremy A. Cooney

Current Bill Status - In Senate Committee Codes Committee

2023-S1018 (ACTIVE) - Details

2023-S1018 (ACTIVE) - Summary

2023-S1018 (ACTIVE) - Sponsor Memo

2023-S1018 (ACTIVE) - Bill Text download pdf

Comments