DeStefano, Gallahan, Durso, Smullen, Manktelow, Brown K, Reilly, Angelino, Ra
MLTSPNSR
Amd §245.20, CP L
Protects the identity of witnesses of hate crimes in discovery proceedings by requiring identifying information to be redacted, unless the court rules otherwise for good cause shown.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2773
SPONSOR: Gandolfo TITLE OF BILL:
An act to amend the criminal procedure law, in relation to protecting
the identity of witnesses of hate crimes in discovery proceedings
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Paragraphs (c) and (g) of subdivision 1 of section 245.20 of
the criminal procedure law, as amended by section 2 of part HHH of chap-
ter 56 of the laws of 2020, are amended to read as follows: c) The names
and adequate contact information for all persons other than law enforce-
ment 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. 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
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. Infor-
mation under this subdivision relating to the identity of a witness of a
hate crime, as defined under section 485.05 of the penal law, shall 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.
(g) 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,
10 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. The prosecution shall withhold names and identifying infor-
mation of any person who contacted 9.11 to report a hate crime, as
defined under section 485.05 of the penal law, 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 prose-
cution 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.
§2. This act shall take effect on the first of November next succeeding
the date upon which it shall have become a law.
JUSTIFICATION:
With the disturbing trend of race-based violence being perpetrated
against Asian-Americans, it is incumbent upon the Legislature to take
swift action. This legislation addresses a glaring problem with New
York's discovery proceedings by protecting the identity of witnesses of
hate crimes. If we are to pursue justice for victims and prevent further
victimization, we must protect hate crime witnesses from retaliation to
encourage them to come forward.
PRIOR LEGISLATIVE HISTORY:
A.7853 of 2021/22- held for consideration in codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect On the first of November
next succeeding the date upon which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
2773
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
Introduced by M. of A. GANDOLFO, DeSTEFANO, GALLAHAN, DURSO, SMULLEN,
MANKTELOW, K. BROWN, REILLY, ANGELINO, RA -- read once and referred to
the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to protecting
the identity of witnesses of hate crimes in discovery proceedings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (c) and (g) of subdivision 1 of section 245.20
2 of the criminal procedure law, as amended by section 2 of part HHH of
3 chapter 56 of the laws of 2020, are amended to read as follows:
4 (c) The names and adequate contact information for all persons other
5 than law enforcement personnel whom the prosecutor knows to have
6 evidence or information relevant to any offense charged or to any poten-
7 tial defense thereto, including a designation by the prosecutor as to
8 which of those persons may be called as witnesses. Nothing in this para-
9 graph shall require the disclosure of physical addresses; provided,
10 however, upon a motion and good cause shown the court may direct the
11 disclosure of a physical address. Information under this subdivision
12 relating to the identity of a 911 caller, the victim or witness of an
13 offense defined under article one hundred thirty or section 230.34 or
14 230.34-a of the penal law, any other victim or witness of a crime where
15 the defendant has substantiated affiliation with a criminal enterprise
16 as defined in subdivision three of section 460.10 of the penal law, or a
17 confidential informant may be withheld, and redacted from discovery
18 materials, without need for a motion pursuant to section 245.70 of this
19 article; but the prosecution shall notify the defendant in writing that
20 such information has not been disclosed, unless the court rules other-
21 wise for good cause shown. Information under this subdivision relating
22 to the identity of a witness of a hate crime, as defined under section
23 485.05 of the penal law, shall be withheld and redacted from discovery
24 materials, without need for a motion pursuant to section 245.70 of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01256-01-3
A. 2773 2
1 article; but the prosecution shall notify the defendant in writing that
2 such information has not been disclosed, unless the court rules other-
3 wise for good cause shown.
4 (g) All tapes or other electronic recordings, including all electronic
5 recordings of 911 telephone calls made or received in connection with
6 the alleged criminal incident, and a designation by the prosecutor as to
7 which of the recordings under this paragraph the prosecution intends to
8 introduce at trial or a pre-trial hearing. If the discoverable materials
9 under this paragraph exceed ten hours in total length, the prosecution
10 may disclose only the recordings that it intends to introduce at trial
11 or a pre-trial hearing, along with a list of the source and approximate
12 quantity of other recordings and their general subject matter if known,
13 and the defendant shall have the right upon request to obtain recordings
14 not previously disclosed. The prosecution shall disclose the requested
15 materials as soon as practicable and not less than fifteen calendar days
16 after the defendant's request, unless an order is obtained pursuant to
17 section 245.70 of this article. The prosecution may withhold the names
18 and identifying information of any person who contacted 911 without the
19 need for a protective order pursuant to section 245.70 of this article,
20 provided, however, the defendant may move the court for disclosure. The
21 prosecution shall withhold names and identifying information of any
22 person who contacted 911 to report a hate crime, as defined under
23 section 485.05 of the penal law, without the need for a protective order
24 pursuant to section 245.70 of this article, provided, however, the
25 defendant may move the court for disclosure. If the prosecution intends
26 to call such person as a witness at a trial or hearing, the prosecution
27 must disclose the name and contact information of such witness no later
28 than fifteen days before such trial or hearing, or as soon as practica-
29 ble.
30 § 2. This act shall take effect on the first of November next succeed-
31 ing the date upon which it shall have become a law.
