NY State Senate Bill 2025-S5095

Senate Bill S5095

2025-2026 Legislative Session

Relates to requiring affirmative consent for the disclosure of contact information of witnesses to a defendant

download bill text pdf

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
Feb 18, 2025	referred to codes

co-Sponsors

2025-S5095 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §245.20, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7133
2021-2022: S4258
2023-2024: S3272

2025-S5095 (ACTIVE) - Summary

Requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court.

2025-S5095 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5095

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring
affirmative consent for the disclosure of contact information of
witnesses to a defendant

 
PURPOSE:

The purpose of this bill is to allow the witness to a crime to decide
whether their personal information may be shared with defense counsel or
the individual(s) accused of having committed a crime.

 
SUMMARY OF PROVISIONS:

Section 1 provides that law enforcement personnel conducting the initial
interview of someone who has evidence or information relevant to an
offense for which someone will be charged with a crime must request
whether or not such witness is comfortable with their personal informa-
tion being disclosed to the defense. A witness must provide justifica-

tion for why they do not wish to have their information shared with the
defense.

Section 2 marks the effective date.

 
JUSTIFICATION:

The hastily enacted criminal justice reforms of 2019 have jeopardized
the safety of New York's communities. One of the more disconcerting
policies enacted as part of these sweeping changes is the disclosure of
personal information related to a witness to a crime to the defense and
the accused. Such a policy has the potential to lead to witness intim-
idation via the accused or their associates. This could have a crippling
effect on cases presented by district attorneys, as well as a chilling
effect on the willingness of witnesses to come forward to identify them-
selves to law enforcement and prosecutors.

While it is true that the disclosure of a physical address tied to a
witness is not to be automatically revealed to the defense or the
accused, such information can be achieved through other forms of iden-
tification that will be disclosed. Additionally, witness intimidation is
not solely limited to an in-person confrontation between the accused and
a witness; witness intimidation can occur by way of traditional means of
communication, as well as via associates of an accused individual.

It is important that the state provides a witness to a crime the ability
to prevent personally identifiable information from being shared with
the defense or the accused, if they feel that their safety or the safety
of their loved ones is jeopardized through the reporting of such infor-
mation. This bill would provide for a witness to state to law enforce-
ment that they are either comfortable with the release of their personal
information or whether they are concerned that such disclosure would
jeopardize their safety or the safety of those around them. A justifica-
tion must be provided to law enforcement at that time and is subject to
review by a judge.

 
LEGISLATIVE HISTORY:
2023-24-S.3272 - Codes Committee

2021-22 - S. 4258 - Codes Committee.

2020 - S. 7133 - Codes Committee.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2025-S5095 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5095
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2025
                                ___________
 
 Introduced by Sens. GRIFFO, OBERACKER, TEDISCO -- 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 requiring
   affirmative consent for  the  disclosure  of  contact  information  of
   witnesses to a defendant

   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 WHO HAVE GIVEN AFFIRMATIVE CONSENT FOR SUCH DISCLO-
 SURE OF THEIR CONTACT INFORMATION OR HAVE BEEN DENIED A PROTECTIVE ORDER
 PURSUANT TO SECTION 245.70 OF THIS ARTICLE, including a  designation  by
 the  prosecutor as to which of those persons may be called as witnesses.
 AFFIRMATIVE CONSENT TO DISCLOSE CONTACT INFORMATION SHALL  BE  REQUESTED
 BY LAW ENFORCEMENT PERSONNEL CONDUCTING THE INITIAL INTERVIEW OF PERSONS
 WHO  HAVE  EVIDENCE OR INFORMATION RELEVANT TO ANY OFFENSE CHARGED OR TO
 ANY POTENTIAL DEFENSE THERETO. A PERSON WHO DOES NOT PROVIDE AFFIRMATIVE
 CONSENT FOR DISCLOSURE OF THEIR CONTACT INFORMATION SHALL  PROVIDE  GOOD
 CAUSE  FOR  SUCH  DENIAL,  AND THE PROSECUTION SHALL MAKE A MOTION FOR A
 PROTECTIVE ORDER PURSUANT TO SECTION  245.70  OF  THIS  ARTICLE  ON  THE
 BEHALF  OF  SUCH  PERSON.  Nothing  in  this paragraph 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08530-01-5

 S. 5095                             2
 
 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 otherwise for good cause shown.
   § 2. This act shall take effect immediately.

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Senate Bill S5095

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Sponsored By

Joseph A. Griffo