Senate Bill S5314

2023-2024 Legislative Session

Relates to protecting witnesses in criminal prosecutions from intimidation and threats

download bill text pdf

Sponsored By

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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2023-S5314 (ACTIVE) - Details

See Assembly Version of this Bill:
A3269
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §245.20, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7363, A9877
2021-2022: S6766, A4726

2023-S5314 (ACTIVE) - Summary

Relates to protecting witnesses in criminal prosecutions from intimidation and threats by permitting the court to withhold disclosure of names and other information if the court finds on the record that such witness is subject to potential intimidation, violence or threats.

2023-S5314 (ACTIVE) - Sponsor Memo

2023-S5314 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5314
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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  protecting
   vulnerable witness and victim's contact information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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
 which  of  those  persons may be called as witnesses; PROVIDED, HOWEVER,
 NOTHING IN THIS PARAGRAPH SHALL REQUIRE THE DISCLOSURE OF THE NAMES  AND
 ADEQUATE  CONTACT  INFORMATION  FOR  PERSONS THAT THE COURT FINDS ON THE
 RECORD ARE  SUBJECT  TO  POTENTIAL  WITNESS  INTIMIDATION,  VIOLENCE  OR
 THREATS. Nothing in this paragraph shall require the disclosure of phys-
 ical  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  pursu-
 ant  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 otherwise for good cause shown.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07309-01-3

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