Relates to discovery restrictions for photographs of minors depicting sexual or other intimate parts; provides such photographs shall be subject to in camera review and certain other restrictions.
STATE OF NEW YORK
________________________________________________________________________
2351
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. SEPTIMO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to discovery
restrictions for photographs of minors depicting sexual or other inti-
mate parts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (h) of subdivision 1 of section 245.20 of the
2 criminal procedure law, as added by section 2 of part LLL of chapter 59
3 of the laws of 2019, is amended to read as follows:
4 (h) All photographs and drawings made or completed by a public servant
5 engaged in law enforcement activity, or which were made by a person whom
6 the prosecutor intends to call as a witness at trial or a pre-trial
7 hearing, or which relate to the subject matter of the case; provided,
8 however, that any photographs depicting the sexual or other intimate
9 parts of a person under the age of eighteen at the time the photograph
10 was taken shall first be subject to in camera review and other
11 restrictions provided by subdivision eight of section 245.70 of this
12 article.
13 § 2. Section 245.70 of the criminal procedure law is amended by adding
14 a new subdivision 8 to read as follows:
15 8. Photographs depicting the sexual or other intimate parts of a
16 minor. Any photograph depicting the sexual or other intimate parts of a
17 person under the age of eighteen at the time the photograph was taken,
18 and which is otherwise subject to disclosure pursuant to paragraph (h)
19 of subdivision one of section 245.20 of this article, shall be subject
20 to in camera review prior to disclosure to determine the manner in which
21 such photograph shall be disclosed, without need for a motion by either
22 party. In determining the manner of disclosure, the court shall consider
23 the body parts depicted in the photograph, the age of the minor
24 depicted, the nature of the photograph, the relevance and materiality of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04530-01-3
A. 2351 2
1 the photograph to the pending case, the impact disclosure may have on
2 the minor depicted, the nature of the crime or crimes charged, the
3 relationship between the minor depicted and the defendant and any
4 alleged relationship between the minor depicted and the defendant, and,
5 when known, the wishes of the minor depicted. There shall be a rebutta-
6 ble presumption that such photograph shall be disclosed only to the
7 counsel and relevant experts for the defendant.
8 § 3. This act shall take effect on the ninetieth day after it shall
9 have become a law.
