STATE OF NEW YORK ________________________________________________________________________ 6847 2017-2018 Regular Sessions IN SENATE August 9, 2017 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law and the penal law, in relation to discovery, pretrial motions, securing attendance of witnesses by subpoena, motion to suppress evidence, tampering with a witness or intimidating a victim; and to repeal article 240 of the criminal procedure law relating to discovery The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 240 of the criminal procedure law is REPEALED. 2 § 2. The criminal procedure law is amended by adding a new article 245 3 to read as follows: 4 ARTICLE 245 5 DISCOVERY 6 Section 245.10 Availability of protective orders. 7 245.20 Phase one discovery obligation of prosecution. 8 245.30 Phase two discovery obligation of prosecution. 9 245.40 Reciprocal discovery obligation of the defendant. 10 245.45 Disclosure of prior misconduct or criminal acts. 11 245.50 Non-testimonial evidence from the defendant. 12 245.55 Court orders for preservation, access, discovery or DNA 13 comparison. 14 245.60 Diligent effort to ascertain existence of material and 15 information. 16 245.65 Certificates of compliance. 17 245.70 Court ordered procedures to facilitate compliance. 18 245.75 Continuing duty to disclose. 19 245.80 Work product. 20 245.85 Availability of remedies for violations. 21 245.90 Admissibility of discovery. 22 § 245.10 Availability of protective orders. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03867-03-7

S. 6847 2 1 1. Any discovery subject to protective order. Upon a showing of good 2 cause by either party, the court may at any time order that discovery or 3 inspection of any kind of material or information under this article be 4 denied, restricted, conditioned or deferred, or make such other order as 5 is appropriate. The court may impose as a condition on discovery to a 6 defendant that the material or information to be discovered be available 7 only to counsel for the defendant; or, alternatively, that counsel for 8 the defendant, and persons employed by the attorney or appointed by the 9 court to assist in the preparation of a defendant's case, may not 10 disclose physical copies of the discoverable documents to a defendant or 11 to anyone else, provided that the prosecution affords the defendant 12 access to inspect redacted copies of the discoverable documents at a 13 supervised location that provides regular and reasonable hours for such 14 access, such as a prosecutor's office, police station, facility of 15 detention, or court. The court may permit a party seeking or opposing a 16 protective order under this section, or another affected person, to 17 submit papers or testify on the record ex parte or in camera. Any such 18 papers and a transcript of such testimony may be sealed and shall 19 constitute a part of the record on appeal. This section does not alter 20 the allocation of the burden of proof with regard to matters at issue, 21 including privilege. 22 2. Modification of time periods for discovery. Upon motion of a party 23 in an individual case, the court may alter the time periods for discov- 24 ery imposed by this article upon a showing of good cause. 25 3. Showing of good cause. Good cause under this section may include 26 constitutional rights or limitations; danger to the integrity of phys- 27 ical evidence; a substantial risk of physical harm, intimidation, 28 economic reprisal, bribery or unjustified annoyance or embarrassment to 29 any person; a substantial risk of an adverse effect upon the legitimate 30 needs of law enforcement, including the protection of the confidentiali- 31 ty of informants; danger to any person stemming from factors such as a 32 defendant's gang affiliation, prior history of interfering with 33 witnesses, or threats or intimidating actions directed at potential 34 witnesses; or other similar factors that also outweigh the usefulness of 35 the discovery. 36 4. Successor counsel or pro se defendant. In cases in which the attor- 37 ney-client relationship is terminated prior to trial for any reason, any 38 material or information disclosed subject to a condition that it be 39 available only to counsel for the defendant, or limited in dissemination 40 by protective order or otherwise, shall be provided only to successor 41 counsel for the defendant under the same condition or be returned to the 42 prosecution, unless the court rules otherwise for good cause shown or 43 the prosecutor gives written consent. Any work product derived from such 44 material or information shall not be provided to the defendant, unless 45 the court rules otherwise or the prosecutor gives written consent. If 46 the defendant is acting as his or her own attorney, the court may regu- 47 late the time, place and manner of access to any discoverable material 48 or information; and it may as appropriate appoint persons to assist the 49 defendant in the investigation or preparation of the case. Upon motion 50 or application of a defendant acting as his or her own attorney, the 51 court may at any time modify or vacate any condition or restriction 52 relating to access to discoverable material or information, for good 53 cause shown. 54 5. Expedited review of adverse ruling. (a) A party that has unsuccess- 55 fully sought, or unsuccessfully opposed the granting of, a protective 56 order under this section relating to the name, address, contact informa-

S. 6847 3 1 tion or statements of a person may obtain expedited review of that 2 ruling by an individual justice of the intermediate appellate court to 3 which an appeal from a judgment of conviction in the case would be 4 taken. 5 (b) Such review shall be sought within two business days of the 6 adverse or partially adverse ruling, by order to show cause filed with 7 the intermediate appellate court. The order to show cause shall in addi- 8 tion be timely served on the lower court and on the opposing party, and 9 shall be accompanied by a sworn affirmation stating in good faith (i) 10 that the ruling affects substantial interests, and (ii) that diligent 11 efforts to reach an accommodation of the underlying discovery dispute 12 with opposing counsel failed or that no accommodation was feasible; 13 except that service on the opposing party, and a statement regarding 14 efforts to reach an accommodation, are unnecessary where the opposing 15 party was not made aware of the application for a protective order and 16 good cause exists for omitting service of the order to show cause on the 17 opposing party. The lower court's order subject to review shall be 18 stayed until the appellate justice renders decision. 19 (c) The assignment of the individual appellate justice, and the mode 20 of and procedure for the review, are determined by rules of the individ- 21 ual appellate courts. The appellate justice may consider any relevant 22 and reliable information bearing on the issue, and may dispense with 23 written briefs other than supporting and opposing materials previously 24 submitted to the lower court. The appellate justice may dispense with 25 the issuance of a written opinion in rendering his or her decision, and 26 when practicable shall render decision expeditiously. Such review and 27 decision shall not affect the right of a defendant, in a subsequent 28 appeal from a judgment of conviction, to claim as error the ruling 29 reviewed. 30 6. Compliance with protective order. Any protective order issued under 31 this article is a mandate of the court for purposes of the offense of 32 criminal contempt in subdivision three of section 215.50 of the penal 33 law. 34 § 245.20 Phase one discovery obligation of prosecution. 35 1. Timing of phase one discovery for the defendant. The prosecution 36 shall perform its phase one discovery obligations under this section 37 within fifteen calendar days after the defendant's arraignment on an 38 indictment, superior court information, prosecutor's information, infor- 39 mation, or simplified information. Portions of materials claimed to be 40 non-discoverable may be withheld pending a determination and ruling of 41 the court under section 245.10 of this article; but the defendant shall 42 be notified in writing that information has not been disclosed under a 43 particular subsection, and the discoverable portions of such materials 44 shall be disclosed if practicable. When the discoverable materials are 45 exceptionally voluminous, the time period in this subdivision may be 46 stayed by up to an additional forty-five calendar days without need for 47 a motion pursuant to subdivision two of section 245.10 of this article. 48 When the prosecutor is engaged in an ongoing trial or does not report to 49 work due to a vacation or similar reason during one or more days of the 50 time period in this subdivision, that time period may be stayed by an 51 additional seven calendar days without need for a motion pursuant to 52 subdivision two of section 245.10 of this article. 53 2. Phase one discovery for the defendant. The prosecution shall 54 disclose to the defendant as part of phase one discovery, and permit the 55 defendant to discover, inspect, copy or photograph, each of the follow-

S. 6847 4 1 ing items and information when it relates to the subject matter of the 2 case: 3 (a) All electronically stored police reports and law enforcement agen- 4 cy reports that are in the possession, custody or control of the prose- 5 cution, or persons under the prosecution's direction and control. 6 (b) All written or recorded statements, and the substance of all oral 7 statements, made by the defendant or a co-defendant to a public servant 8 engaged in law enforcement activity or to a person then acting under his 9 or her direction or in cooperation with him or her, other than state- 10 ments made in the course of the criminal transaction. 11 (c) A list of all tangible objects obtained from, or allegedly 12 possessed by, the defendant or a co-defendant. The list shall include a 13 designation by the prosecutor as to which objects were physically or 14 constructively possessed by the defendant and were recovered during a 15 search or seizure by a public servant or an agent thereof, and which 16 tangible objects were recovered by a public servant or an agent thereof 17 after allegedly being abandoned by the defendant. If the prosecution 18 intends to prove the defendant's possession of any tangible objects by 19 means of a statutory presumption of possession, it shall designate that 20 intention as to each such object. If reasonably practicable, it shall 21 also designate the location from which each tangible object was recov- 22 ered. 23 (d) The names of, and addresses or adequate alternative contact infor- 24 mation for, all persons other than law enforcement personnel whom the 25 prosecutor knows to have evidence or information relevant to any offense 26 charged or to a potential defense thereto, including a designation by 27 the prosecutor as to which of those persons may be called as witnesses. 28 Information under this subsection relating to any person may be with- 29 held, and redacted from discovery materials, as provided in subdivision 30 three or four of this section. Information under this subsection relat- 31 ing to a confidential informant may be withheld, and redacted from 32 discovery materials, without need for a motion pursuant to section 33 245.10 of this article; but the defendant shall be notified in writing 34 that such information has not been disclosed, unless the court rules 35 otherwise for good cause shown. 36 (e) The name and work affiliation of all law enforcement personnel 37 whom the prosecutor knows to have evidence or information relevant to 38 any offense charged or to a potential defense thereto. Information under 39 this subsection relating to undercover personnel may be withheld, and 40 redacted from discovery materials, without need for a motion pursuant to 41 section 245.10 of this article; but the defendant shall be notified in 42 writing that such information has not been disclosed, unless the court 43 rules otherwise for good cause shown. 44 (f) When written and recorded statements are in the possession of the 45 prosecution (not solely in the possession of police or another law 46 enforcement agency), all statements, written or recorded or summarized 47 in any writing or recording, made by persons who have evidence or infor- 48 mation relevant to any offense charged or to a potential defense there- 49 to. Statements solely in the possession of police or another law 50 enforcement agency at the time of phase one discovery are discoverable 51 under paragraph (c) of subdivision two of section 245.30 of this arti- 52 cle. 53 (g) When it is known to the prosecution (not solely known to police or 54 another law enforcement agency), all evidence and information, whether 55 or not admissible or recorded in tangible form, that tends to (i) excul- 56 pate the defendant; (ii) mitigate the defendant's culpability as to a

S. 6847 5 1 charged offense; (iii) support a potential defense to a charged offense; 2 (iv) provide a basis for a motion to suppress evidence on constitutional 3 grounds; (v) significantly impugn the credibility of an important prose- 4 cution witness, informant or evidence; or (vi) mitigate punishment. 5 Favorable evidence and information known solely to police or another law 6 enforcement agency at the time of phase one discovery is discoverable 7 under paragraph (d) of subdivision two of section 245.30 of this arti- 8 cle. The prosecution shall disclose evidence or information under this 9 subsection expeditiously upon its receipt by the prosecutor, notwith- 10 standing the otherwise-applicable time periods for disclosure in this 11 article. 12 (h) Whether a search warrant has been executed and all documents 13 relating thereto, including but not limited to the warrant, the warrant 14 application, supporting affidavits, a police inventory of all property 15 seized under the warrant, and a transcript of all testimony or other 16 oral communications offered in support of the warrant application. 17 (i) The approximate date, time and place of the offense or offenses 18 charged and of the defendant's arrest. 19 3. Prosecutor's option to restrict disclosure of contact information 20 by arranging witness interview. Within the prosecutor's discretion, the 21 address, telephone number or similar contact information for any person 22 whose name is disclosed pursuant to paragraph (d) of subdivision two of 23 this section may be withheld, and redacted from other discovery materi- 24 als, without need for a motion pursuant to section 245.10 of this arti- 25 cle, if the prosecutor makes the person available to counsel for the 26 defendant for an in-person interview within the time period specified in 27 subdivision one of this section. In lieu of an in-person interview, a 28 telephone interview may be used where arranging an in-person interview 29 is not reasonably practicable or the person declines to participate in 30 an in-person interview; but law enforcement personnel shall not express- 31 ly or implicitly encourage a person to decline to participate in an 32 in-person interview. This subdivision does not create any right for the 33 defendant personally to attend or to participate in such an interview. 34 The prosecution shall provide counsel for the defendant with the other 35 materials discoverable under subdivision two of this section prior to 36 such an interview. 37 4. Prosecutor's option to restrict disclosure of contact information 38 in violent felony cases. (a) Where the defendant is charged with a 39 violent felony offense, within the prosecutor's discretion the address, 40 telephone number or similar contact information for any person whose 41 name is disclosed pursuant to paragraph (d) of subdivision two of this 42 section may be withheld, and redacted from other discovery materials, 43 without need for a motion pursuant to section 245.10 of this article; 44 except that a list of the addresses or adequate alternative contact 45 information for persons whose information has been withheld or redacted 46 shall be separately provided to counsel for the defendant in a document 47 clearly marked as confidential, unless a protective order pursuant to 48 section 245.10 of this article is issued by the court for good cause 49 shown. In addition discovery of this information may be conditioned on 50 the defendant's personal consent, given in open court in the presence of 51 the court at arraignment or at another time, to the use of the confiden- 52 tiality procedure set forth in this subdivision. The court shall specif- 53 ically caution the defendant, in the colloquy about use of this proce- 54 dure, concerning the offenses of tampering with a witness and 55 intimidating a victim or witness in article two hundred fifteen of the 56 penal law. Nothing in this subdivision precludes the court from issuing

S. 6847 6 1 a different protective order pursuant to section 245.10 of this article 2 for good cause shown. 3 (b) When the confidentiality procedure set forth in this subdivision 4 is used, the following requirements apply: 5 (i) Except as provided in subparagraph (ii) of this paragraph, counsel 6 for the defendant may not disclose or permit to be disclosed to a 7 defendant or to anyone else the list described in this subdivision or 8 its contents, unless specifically permitted to do so by the court for 9 good cause shown or unless the prosecutor gives written consent. The 10 court may allow a party seeking or opposing such permission, or another 11 affected person, to submit papers or testify on the record ex parte or 12 in camera. Any such papers and a transcript of such testimony may be 13 sealed and shall constitute a part of the record on appeal. The obli- 14 gation to maintain confidentiality described in this subdivision is a 15 mandate of the court for purposes of the offense of criminal contempt in 16 subdivision three of section 215.50 of the penal law. 17 (ii) Notwithstanding subparagraph (i) of this paragraph, counsel for 18 the defendant may disclose or permit to be disclosed the listed contact 19 information for a potential witness to persons employed by the attorney 20 or to persons appointed by the court to assist in the investigation or 21 preparation of a defendant's case if that disclosure is required for 22 that investigation or preparation. Persons provided this information by 23 the attorney shall be informed by the attorney that further dissem- 24 ination of the information, except as provided by this subdivision, is 25 prohibited. Within the prosecutor's discretion, discovery of the listed 26 contact information may be conditioned on service of a written statement 27 by counsel for the defendant of the names of any employees who may be 28 provided information pursuant to this subsection, and describing any 29 known prior connections between those employees and all defendants in 30 the case. 31 (iii) If the defendant is acting as his or her own attorney, in lieu 32 of use of the confidentiality procedure set forth in this subdivision, 33 the court shall consider any arguments of the defendant relating to a 34 need for contact information for a potential witness, and any counter- 35 vailing arguments of the prosecution or another affected person. Where 36 such arguments are made, the court shall then order as to each such 37 potential witness, as appropriate, that adequate contact information 38 either be provided or be withheld, or provide for contact with the 39 potential witness only through persons appointed by the court to assist 40 in the investigation or preparation of the defendant's case, or impose 41 any other reasonable restrictions on disclosure. Expedited review of a 42 ruling under this subparagraph may be sought as provided in subdivision 43 five of section 245.10 of this article. 44 (iv) If counsel for the defendant learns about any intentional or 45 unintentional breach of the confidentiality procedure set forth in this 46 subdivision that was attributable to conduct of a lawyer for any defend- 47 ant in the case, or conduct of a person employed by a lawyer in the case 48 or appointed by the court, he or she shall expeditiously notify the 49 court or the prosecutor. 50 § 245.30 Phase two discovery obligation of prosecution. 51 1. Timing of phase two discovery for the defendant. The prosecution 52 shall perform its phase two discovery obligations under this section 53 within ninety calendar days after the defendant's arraignment on an 54 indictment, superior court information, prosecutor's information, infor- 55 mation, or simplified information. Portions of materials claimed to be 56 non-discoverable may be withheld pending a determination and ruling of

S. 6847 7 1 the court under section 245.10 of this article; but the defendant shall 2 be notified in writing that information has not been disclosed under a 3 particular subsection, and the discoverable portions of such materials 4 shall be disclosed if practicable. When the discoverable materials are 5 exceptionally voluminous, the time period in this subdivision may be 6 stayed by up to an additional thirty calendar days without need for a 7 motion pursuant to subdivision two of section 245.10 of this article. 8 2. Phase two discovery for the defendant. The prosecution shall 9 disclose to the defendant as part of phase two discovery, and permit the 10 defendant to discover, inspect, copy or photograph, each of the follow- 11 ing items and information when it relates to the subject matter of the 12 case and is in the possession, custody or control of the prosecution or 13 persons under the prosecution's direction or control: 14 (a) All transcripts of the testimony of a person who has testified 15 before a grand jury, including but not limited to the defendant or a 16 co-defendant. If in the exercise of reasonable diligence, and due to the 17 limited availability of transcription resources, a transcript is 18 unavailable for disclosure within the time period specified in subdivi- 19 sion one of this section, that period may be stayed by up to an addi- 20 tional forty-five calendar days without need for a motion pursuant to 21 section 245.10 of this article; except that the disclosure shall be made 22 as soon as practicable and not later than thirty calendar days before a 23 scheduled trial date, unless an order is obtained pursuant to section 24 245.10 of this article. When the court is required to review grand jury 25 transcripts, the prosecution shall disclose them to the court expe- 26 ditiously upon their receipt by the prosecutor, notwithstanding the 27 otherwise-applicable time periods for disclosure in this article. 28 (b) All police reports and law enforcement agency reports, including 29 those not electronically stored. Reports previously disclosed pursuant 30 to paragraph (a) of subdivision two of section 245.20 of this article 31 need not be disclosed again. 32 (c) All statements, written or recorded or summarized in any writing 33 or recording, made by persons who have evidence or information relevant 34 to any offense charged or to a potential defense thereto, including 35 those that were solely in the possession of police or another law 36 enforcement agency at the time of phase one discovery. Statements 37 previously disclosed pursuant to paragraph (f) of subdivision two of 38 section 245.20 of this article need not be disclosed again. 39 (d) All evidence and information, including that which was solely 40 known to police or other law enforcement agencies at the time of phase 41 one discovery, and whether or not it is admissible or recorded in tangi- 42 ble form, that tends to (i) exculpate the defendant; (ii) mitigate the 43 defendant's culpability as to a charged offense; (iii) support a poten- 44 tial defense to a charged offense; (iv) provide a basis for a motion to 45 suppress evidence on constitutional grounds; (v) impugn the credibility 46 of a prosecution witness, informant or evidence; or (vi) mitigate 47 punishment. Evidence or information previously disclosed pursuant to 48 paragraph (g) of subdivision two of section 245.20 of this article need 49 not be disclosed again. The prosecution shall disclose evidence or 50 information under this subsection expeditiously upon its receipt by the 51 prosecutor, notwithstanding the otherwise-applicable time periods for 52 disclosure in this article. 53 (e) A summary of all promises, rewards and inducements made to persons 54 who may be called as witnesses, as well as requests for consideration by 55 persons who may be called as witnesses, and copies of all documents 56 relevant to a promise, reward or inducement.

S. 6847 8 1 (f) All tangible property that the prosecution intends to introduce in 2 its case-in-chief at trial or a pre-trial hearing. Discovery of items 3 under this subsection may be conditioned on service of a demand to 4 produce made by the defendant, if in phase one discovery the prosecution 5 timely served notice on the defendant that a demand to produce items 6 under this subsection would have to be served on the prosecution within 7 thirty days of that notice. If in the exercise of reasonable diligence 8 the prosecutor has not formed an intention within the time period speci- 9 fied in this section that an item under this subsection will be intro- 10 duced at trial or a pre-trial hearing, that period shall be stayed with- 11 out need for a motion pursuant to subdivision two of section 245.10 of 12 this article; but the disclosure shall be made as soon as practicable 13 and subject to the continuing duty to disclose in section 245.75 of this 14 article. 15 (g) All tapes or other electronic recordings which the prosecution 16 intends to introduce at trial or a pre-trial hearing. 17 (h) All photographs and drawings made or completed by a public servant 18 engaged in law enforcement activity, or which were made by a person whom 19 the prosecutor intends to call as a witness at trial or a pre-trial 20 hearing, or which the prosecution intends to introduce at trial or a 21 pre-trial hearing. 22 (i) All photographs, photocopies and reproductions made by or at the 23 direction of law enforcement personnel of any property prior to its 24 release pursuant to section 450.10 of the penal law. 25 (j) All reports and documents concerning physical or mental examina- 26 tions, or scientific tests or experiments or comparisons, relating to 27 the criminal action or proceeding which were made by or at the request 28 or direction of a public servant engaged in law enforcement activity, or 29 which were made by a person whom the prosecutor intends to call as a 30 witness at trial or a pre-trial hearing, or which the prosecution 31 intends to introduce at trial or a pre-trial hearing. 32 (k) Expert opinion evidence, including the name, business address, 33 current curriculum vitae, and a list of publications of each expert 34 witness whom the prosecutor intends to call as a witness at trial or a 35 pre-trial hearing, and all reports prepared by the expert that pertain 36 to the case, or if no report is prepared, a written statement of the 37 facts and opinions to which the expert is expected to testify and a 38 summary of the grounds for each opinion. This paragraph does not alter 39 or in any way affect the procedures, obligations or rights set forth in 40 section 250.10 of this title. If in the exercise of reasonable diligence 41 this information is unavailable for disclosure within the time period 42 specified in subdivision one of this section, that period shall be 43 stayed without need for a motion pursuant to section 245.10 of this 44 article; except that the disclosure shall be made as soon as practicable 45 and not later than sixty calendar days before a scheduled trial date, 46 unless an order is obtained pursuant to section 245.10 of this article. 47 When the prosecution's expert witness is being called in response to 48 disclosure of an expert witness by the defendant, the court shall alter 49 a scheduled trial date, if necessary, to allow the prosecution thirty 50 calendar days to make the disclosure and the defendant thirty calendar 51 days to prepare and respond to the new materials. 52 (l) The results of complete criminal history record checks for all 53 defendants and all persons designated as potential prosecution witnesses 54 pursuant to paragraph (d) of subdivision two of section 245.20 of this 55 article, other than those witnesses who are experts or law enforcement 56 officers.

S. 6847 9 1 (m) When it is known to the prosecution, the existence of any pending 2 criminal action against all persons designated as potential prosecution 3 witnesses pursuant to paragraph (d) of subdivision two of section 245.20 4 of this article. 5 (n) In any prosecution alleging a violation of the vehicle and traffic 6 law, where the defendant is charged by indictment, superior court infor- 7 mation, prosecutor's information, information, or simplified informa- 8 tion, the most recent record of inspection, calibration and repair of 9 machines and instruments utilized to perform any scientific tests and 10 experiments and the certification certificate, if any, held by the oper- 11 ator of the machine or instrument, and all other disclosures required 12 under this article. 13 (o) In any prosecution alleging a violation of sections 156.05 or 14 156.10 of the penal law, the time, place and manner such violation 15 occurred. 16 § 245.40 Reciprocal discovery obligation of the defendant. 17 1. Timing of reciprocal discovery for the prosecution. The defendant 18 shall perform his or her reciprocal discovery obligations under this 19 section within thirty calendar days after being served with the prose- 20 cution's certificate of compliance pursuant to subdivision one of 21 section 245.65 of this article. Portions of materials claimed to be 22 non-discoverable may be withheld pending a determination and ruling of 23 the court under section 245.10 of this article; but the prosecution 24 shall be notified in writing that information has not been disclosed 25 under a particular subsection, and the discoverable portions of such 26 materials shall be disclosed if practicable. 27 2. Reciprocal discovery for the prosecution. The defendant shall, 28 subject to constitutional limitations, disclose to the prosecution, and 29 permit the prosecution to discover, inspect, copy or photograph, each of 30 the following items and information when it is within the defendant's or 31 counsel for the defendant's possession or control: 32 (a) The names, known aliases, addresses and birth dates of all persons 33 other than the defendant whom the defendant intends to call as witnesses 34 at trial or a pre-trial hearing. Disclosure of this information for a 35 person whom the defendant intends to call as a witness for the sole 36 purpose of impeaching a prosecution witness is not required until after 37 the prosecution witness has testified. 38 (b) All statements, written or recorded or summarized in any writing 39 or recording, made by all persons other than the defendant whom the 40 defendant intends to call as witnesses at trial or a pre-trial hearing; 41 except that disclosure of such statements made by a person whom the 42 defendant intends to call as a witness for the sole purpose of impeach- 43 ing a prosecution witness is not required until after the prosecution 44 witness has testified. 45 (c) A summary of all promises, rewards and inducements made to persons 46 whom the defendant intends to call as witnesses at trial or a pre-trial 47 hearing, as well as requests for consideration by such persons, and 48 copies of all documents relevant to a promise, reward or inducement. 49 (d) All tangible property, including but not limited to tapes or other 50 electronic recordings and photographs and drawings, that the defendant 51 intends to introduce in the defendant's case-in-chief at trial or a 52 pre-trial hearing. If in the exercise of reasonable diligence counsel 53 for the defendant has not formed an intention within the time period 54 specified in this section that an item under this subsection will be 55 introduced at trial or a pre-trial hearing, that period shall be stayed 56 without need for a motion pursuant to subdivision two of section 245.10

S. 6847 10 1 of this article; but the disclosure shall be made as soon as practicable 2 and subject to the continuing duty to disclose in section 245.75 of this 3 article. 4 (e) All reports and documents concerning physical or mental examina- 5 tions, or scientific tests or experiments or comparisons, which the 6 defendant intends to introduce at trial or a pre-trial hearing, or which 7 were made by a person whom the defendant intends to call as a witness at 8 trial or a pre-trial hearing. 9 (f) Intended expert opinion evidence, including the name, business 10 address, current curriculum vitae, and a list of publications of each 11 expert witness whom the defendant intends to call as a witness at trial 12 or a pre-trial hearing, and all reports prepared by the expert that 13 pertain to the case, or if no report is prepared, a written statement of 14 the facts and opinions to which the expert is expected to testify and a 15 summary of the grounds for each opinion. This paragraph does not alter 16 or in any way affect the procedures, obligations or rights set forth in 17 section 250.10 of this title. If in the exercise of reasonable diligence 18 this information is unavailable for disclosure within the time period 19 specified in subdivision one of this section, that period shall be 20 stayed without need for a motion pursuant to section 245.10 of this 21 article; except that the disclosure shall be made as soon as practicable 22 and not later than thirty calendar days before a scheduled trial date, 23 unless an order is obtained pursuant to section 245.10 of this article. 24 § 245.45 Disclosure of prior misconduct or criminal acts. 25 1. Use at trial. Not later than fifteen calendar days before a sched- 26 uled trial date, the prosecution shall disclose to the defendant a list 27 of all misconduct and criminal acts of the defendant not charged in the 28 indictment, superior court information, prosecutor's information, infor- 29 mation, or simplified information, which the prosecution intends to use 30 at trial for purposes of: 31 (a) Impeaching the credibility of the defendant; or 32 (b) As substantive proof of any material issue in the case. 33 2. Notification for what purpose. In addition the prosecution shall 34 designate whether it intends to use each listed act for impeachment 35 and/or as substantive proof. 36 § 245.50 Non-testimonial evidence from the defendant. 37 1. Availability. After the filing of an accusatory instrument, and 38 subject to constitutional limitations, the court may, upon motion of the 39 prosecution showing probable cause to believe the defendant has commit- 40 ted the crime, a clear indication that relevant material evidence will 41 be found, and that the method used to secure it is safe and reliable, 42 require a defendant to provide non-testimonial evidence, including to: 43 (a) Appear in a lineup; 44 (b) Speak for identification by a witness or potential witness; 45 (c) Be fingerprinted; 46 (d) Pose for photographs not involving reenactment of an event; 47 (e) Permit the taking of samples of the defendant's blood, hair, and 48 other materials of the defendant's body that involves no unreasonable 49 intrusion thereof; 50 (f) Provide specimens of the defendant's handwriting; and 51 (g) Submit to a reasonable physical or medical inspection of the 52 defendant's body. 53 2. Limitations. This section shall not be construed to alter or in any 54 way affect the issuance of a similar court order, as may be authorized 55 by law, before the filing of an accusatory instrument, consistent with 56 such rights as the defendant may derive from the state constitution or

S. 6847 11 1 the United States constitution. This section shall not be construed to 2 alter or in any way affect the administration of a chemical test where 3 otherwise authorized. An order pursuant to this section may be denied, 4 limited or conditioned as provided in section 245.10 of this article. 5 § 245.55 Court orders for preservation, access, discovery or DNA compar- 6 ison. 7 1. Order to preserve evidence. At any time, a party may move for a 8 court order to any individual, agency or other entity in possession, 9 custody or control of items which relate to the subject matter of the 10 case or are otherwise relevant, requiring that such items be preserved 11 for a specified period of time. The court shall hear and rule upon such 12 motions expeditiously. The court may modify or vacate such an order upon 13 a showing that preservation of particular evidence will create signif- 14 icant hardship, on condition that the probative value of that evidence 15 is preserved by a specified alternative means. 16 2. Order to grant access to premises. At any time, the defendant may 17 move for a court order to any individual, agency or other entity in 18 possession, custody or control of a crime scene or other premises that 19 relates to the subject matter of the case or is otherwise relevant, 20 requiring that counsel for the defendant be granted prompt and reason- 21 able access to inspect, photograph or measure that crime scene or those 22 premises, and that the condition of the crime scene or premises remain 23 unchanged in the interim. The court shall hear and rule upon such 24 motions expeditiously. The court may modify or vacate such an order upon 25 a showing that granting access to a particular crime scene or premises 26 will create significant hardship, on condition that the probative value 27 of that location is preserved by a specified alternative means. 28 3. Discretionary discovery by order of the court. The court in its 29 discretion may, upon a showing by the defendant that the request is 30 reasonable and that the defendant is unable without undue hardship to 31 obtain the substantial equivalent by other means, order the prosecution, 32 or any individual, agency or other entity subject to the jurisdiction of 33 the court, to make available for disclosure to the defendant any materi- 34 al or information which potentially relates to the subject matter of the 35 case and is reasonably likely to be material. A motion under this subdi- 36 vision must be on notice to any person or entity affected by the order. 37 The court may, upon request of any person or entity affected by the 38 order, modify or vacate the order if compliance would be unreasonable or 39 will create significant hardship. The court may permit a party seeking 40 or opposing a discretionary order of discovery under this subdivision, 41 or another affected person or entity, to submit papers or testify on the 42 record ex parte or in camera. Any such papers and a transcript of such 43 testimony may be sealed and shall constitute a part of the record on 44 appeal. 45 4. DNA comparison order. Where property in the prosecution's 46 possession, custody, or control consists of a deoxyribonucleic acid 47 ("DNA") profile obtained from probative biological material gathered in 48 connection with the investigation or prosecution of the defendant, and 49 the defendant establishes (a) that such profile complies with federal 50 bureau of investigation or state requirements, whichever are applicable 51 and as such requirements are applied to law enforcement agencies seeking 52 a keyboard search or similar comparison, and (b) that the data meets 53 state DNA index system or national DNA index system criteria as such 54 criteria are applied to law enforcement agencies seeking such a keyboard 55 search or similar comparison, the court may--upon motion of a defendant 56 against whom an indictment, superior court information, prosecutor's

S. 6847 12 1 information, information, or simplified information is pending--order an 2 entity that has access to the combined DNA index system or its successor 3 system to compare such DNA profile against DNA databanks by keyboard 4 searches, or a similar method that does not involve uploading, upon 5 notice to both parties and the entity required to perform the search, 6 upon a showing by the defendant that such a comparison is material to 7 the presentation of his or her defense and that the request is reason- 8 able. For purposes of this paragraph, a "keyboard search" shall mean a 9 search of a DNA profile against the databank in which the profile that 10 is searched is not uploaded to or maintained in the databank. 11 § 245.60 Diligent effort to ascertain existence of material and informa- 12 tion. 13 The prosecutor shall make a diligent, good faith effort to ascertain 14 the existence of material or information discoverable under sections 15 245.20 or 245.30 of this article and to cause such material or informa- 16 tion to be made available for discovery where it exists but is not with- 17 in the prosecutor's possession, custody or control; provided that the 18 prosecutor shall not be required to obtain by subpoena duces tecum mate- 19 rial or information which the defendant may thereby obtain. This 20 provision shall not require the prosecutor to ascertain the existence of 21 witnesses not known to police or another law enforcement agency, or the 22 written or recorded statements thereof, under paragraph (d) of section 23 245.20 and paragraph (c) of section 245.30 of this article. 24 § 245.65 Certificates of compliance. 25 1. By the prosecution. When the prosecution has provided the discovery 26 required by sections 245.20 and 245.30 of this article, except for any 27 items or information that are the subject of an order pursuant to 28 section 245.10 of this article, it shall serve upon the defendant and 29 file with the court a certificate of compliance. The certificate shall 30 state that, after exercising due diligence and making reasonable 31 inquiries to ascertain the existence of material and information subject 32 to discovery, the prosecutor has disclosed and made available all known 33 material and information subject to discovery. It shall also identify 34 the items provided. If additional discovery is subsequently provided 35 prior to trial pursuant to section 245.75 of this article, a supple- 36 mental certificate shall be served upon the defendant and filed with the 37 court identifying the additional material and information provided. No 38 adverse consequence to the prosecution or the prosecutor shall result 39 from the filing of a certificate of compliance in good faith; but the 40 court may grant a remedy for a discovery violation as provided in 41 section 245.85 of this article. 42 2. By the defendant. When the defendant has provided all discovery 43 required by section 245.40 of this article, except for any items or 44 information that are the subject of an order pursuant to section 245.10 45 of this article, counsel for the defendant shall serve upon the prose- 46 cution and file with the court a certificate of compliance. The certif- 47 icate shall state that, after exercising due diligence and making 48 reasonable inquiries to ascertain the existence of material and informa- 49 tion subject to discovery, counsel for the defendant has disclosed and 50 made available all known material and information subject to discovery. 51 It shall also identify the items provided. If additional discovery is 52 subsequently provided prior to trial pursuant to section 245.75 of this 53 article, a supplemental certificate shall be served upon the prosecution 54 and filed with the court identifying the additional material and infor- 55 mation provided. No adverse consequence to the defendant or counsel for 56 the defendant shall result from the filing of a certificate of compli-

S. 6847 13 1 ance in good faith; but the court may grant a remedy for a discovery 2 violation as provided in section 245.85 of this article. 3 § 245.70 Court ordered procedures to facilitate compliance. 4 To facilitate compliance with this article, and to reduce or stream- 5 line litigation of any disputes about discovery, the court in its 6 discretion may issue an order: 7 1. Requiring that the prosecutor and counsel for the defendant dili- 8 gently confer to attempt to reach an accommodation as to any dispute 9 concerning discovery prior to seeking a ruling from the court; 10 2. Requiring a discovery compliance conference at a specified time 11 prior to trial between the prosecutor, counsel for all defendants, and 12 the court or its staff; 13 3. Requiring the prosecution to file an additional certificate of 14 compliance that states that the prosecutor and/or an appropriate named 15 agent has made reasonable inquiries of all police officers and other 16 persons who have participated in investigating or evaluating the case 17 about the existence of any favorable evidence or information within 18 paragraph (d) of subdivision two of section 245.30 of this article, 19 including such evidence or information that was not reduced to writing 20 or otherwise memorialized or preserved as evidence, and has disclosed 21 any such information to the defendant; and/or 22 4. Requiring other measures or proceedings designed to carry into 23 effect the goals of this article. 24 § 245.75 Continuing duty to disclose. 25 If either the prosecution or the defendant subsequently learns of 26 additional material or information which it would have been under a duty 27 to disclose pursuant to any provisions of this article at the time of a 28 previous discovery obligation or discovery order, it shall expeditiously 29 notify the other party and disclose the additional material or informa- 30 tion as required for initial discovery under this article. This 31 provision also requires expeditious disclosure by the prosecution of 32 material or information that became relevant to the case or discoverable 33 based upon reciprocal discovery received from the defendant pursuant to 34 section 245.40 of this article. 35 § 245.80 Work product. 36 This article does not authorize discovery by a party of those portions 37 of records, reports, correspondence, memoranda, or internal documents of 38 the adverse party which are only the legal research, opinions, theories 39 or conclusions of the adverse party or its attorney or the attorney's 40 agents, or of statements of a defendant, written or recorded or summa- 41 rized in any writing or recording, made to the attorney for the defend- 42 ant or the attorney's agents. 43 § 245.85 Availability of remedies for violations. 44 1. Need for remedy. (a) When material or information is discoverable 45 under this article but is disclosed belatedly, the court shall impose an 46 appropriate remedy if the party entitled to disclosure shows that it was 47 significantly prejudiced. If the untimely disclosure occurred because 48 the party responsible failed to make reasonably diligent efforts to 49 comply with this article, the court has discretion to impose an appro- 50 priate remedy if the party entitled to disclosure shows some prejudice. 51 Regardless of a showing of prejudice the party entitled to disclosure 52 shall be given reasonable time to prepare and respond to the new materi- 53 al. 54 (b) When material or information is discoverable under this article 55 but cannot be disclosed because it has been lost or destroyed, the court 56 shall impose an appropriate remedy if the party entitled to disclosure

S. 6847 14 1 shows that the lost or destroyed material may have contained some infor- 2 mation relevant to a contested issue. The appropriate remedy is that 3 which is proportionate to the potential ways in which the lost or 4 destroyed material reasonably could have been helpful to the party enti- 5 tled to disclosure. 6 2. Available remedies. For failure to comply with any discovery order 7 imposed or issued pursuant to this article, the court may make a further 8 order for discovery, grant a continuance, order that a hearing be 9 reopened, order that a witness be called or recalled, instruct the jury 10 that it may draw an adverse inference regarding the noncompliance, 11 preclude or strike a witness's testimony or a portion of a witness's 12 testimony, admit or exclude evidence, order a mistrial, order the 13 dismissal of all or some of the charges, or make such other order as it 14 deems just under the circumstances; except that any sanction against the 15 defendant shall comport with the defendant's constitutional right to 16 present a defense, and precluding a defense witness from testifying 17 shall be permissible only upon a finding that the defendant's failure to 18 comply with the discovery obligation or order was willful and motivated 19 by a desire to obtain a tactical advantage. 20 3. Consequences of nondisclosure of statement of testifying prose- 21 cution witness. The failure of the prosecutor or any agent of the prose- 22 cutor to disclose any written or recorded statement made by a prose- 23 cution witness which relates to the subject matter of the witness's 24 testimony shall not constitute grounds for any court to order a new 25 pre-trial hearing or set aside a conviction, or reverse, modify or 26 vacate a judgment of conviction, in the absence of a showing by the 27 defendant that there is a reasonable possibility that the non-disclosure 28 materially contributed to the result of the trial or other proceeding; 29 provided, however, that nothing in this section shall affect or limit 30 any right the defendant may have to a reopened pre-trial hearing when 31 such statements were disclosed before the close of evidence at trial. 32 § 245.90 Admissibility of discovery. 33 The fact that a party has indicated during the discovery process an 34 intention to offer specified evidence or to call a specified witness is 35 not admissible in evidence or grounds for adverse comment at a hearing 36 or a trial. 37 § 3. Subdivision 1 of section 255.20 of the criminal procedure law, as 38 amended by chapter 369 of the laws of 1982, is amended to read as 39 follows: 40 1. Except as otherwise expressly provided by law, whether the defend- 41 ant is represented by counsel or elects to proceed pro se, all pre-trial 42 motions shall be served or filed within forty-five days after arraign- 43 ment and before commencement of trial, or within such additional time as 44 the court may fix upon application of the defendant made prior to entry 45 of judgment. In an action in which either (a) material or information 46 has been disclosed pursuant to paragraphs (c) or (h) of subdivision two 47 of section 245.20, (b) an eavesdropping warrant and application have 48 been furnished pursuant to section 700.70 or (c) a notice of intention 49 to introduce evidence has been served pursuant to section 710.30, such 50 period shall be extended until forty-five days after the last date of 51 such service. If the defendant is not represented by counsel and has 52 requested an adjournment to obtain counsel or to have counsel assigned, 53 such forty-five day period shall commence on the date counsel initially 54 appears on defendant's behalf. 55 § 4. Subdivision 8 of section 450.20 of the criminal procedure law is 56 amended to read as follows:

S. 6847 15 1 8. An order suppressing evidence, entered before trial pursuant to 2 section 710.20, or an order precluding evidence, entered before trial 3 pursuant to section 710.30; provided that the people file a statement in 4 the appellate court pursuant to section 450.50. 5 § 5. Section 450.50 of the criminal procedure law is amended to read 6 as follows: 7 § 450.50 Appeal by people from order suppressing or precluding evidence; 8 filing of statement in appellate court. 9 1. In taking an appeal, pursuant to subdivision eight of section 10 450.20, to an intermediate appellate court from an order of a criminal 11 court suppressing or precluding evidence, the people must file, in addi- 12 tion to a notice of appeal or, as the case may be, an affidavit of 13 errors, a statement asserting that the deprivation of the use of the 14 evidence ordered suppressed or precluded has rendered the sum of the 15 proof available to the people with respect to a criminal charge which 16 has been filed in the court either (a) insufficient as a matter of law, 17 or (b) so weak in its entirety that any reasonable possibility of prose- 18 cuting such charge to a conviction has been effectively destroyed. 19 2. The taking of an appeal by the people, pursuant to subdivision 20 eight of section 450.20, from an order suppressing or precluding 21 evidence constitutes a bar to the prosecution of the accusatory instru- 22 ment involving the evidence ordered suppressed or precluded, unless and 23 until such suppression or preclusion order is reversed upon appeal and 24 vacated. 25 § 6. Subdivision 3 of section 610.20 of the criminal procedure law is 26 amended and a new subdivision 4 is added to read as follows: 27 3. An attorney for a defendant in a criminal action or proceeding, as 28 an officer of a criminal court, may issue a subpoena of such court, 29 subscribed by himself, for the attendance in such court of any witness 30 whom the defendant is entitled to call in such action or proceeding. An 31 attorney for a defendant may not issue a subpoena duces tecum of the 32 court directed to any department, bureau or agency of the state or of a 33 political subdivision thereof, or to any officer or representative ther- 34 eof, unless the subpoena is indorsed by the court and provides at least 35 three days for the production of the requested materials. In the case of 36 an emergency, the court may by order dispense with the three-day 37 production period. [~~Such a subpoena duces tecum may be issued in behalf~~ 38 ~~of a defendant upon order of a court pursuant to the rules applicable to~~ 39 ~~civil cases as provided in section twenty-three hundred seven of the~~ 40 ~~civil practice law and rules.~~] 41 4. The showing required to sustain any subpoena under this section is 42 that the testimony or evidence sought is reasonably likely to be rele- 43 vant and material to the proceedings, and the subpoena is not overbroad 44 or unreasonably burdensome. 45 § 7. Section 710.30 of the criminal procedure law, as separately 46 amended by chapters 8 and 194 of the laws of 1976, subdivision 1 as 47 amended by section 6 of part VVV of chapter 59 of the laws of 2017, is 48 amended to read as follows: 49 § 710.30 Motion to suppress evidence; notice to defendant of intention 50 to offer evidence. 51 1. Whenever the people intend to offer at a trial (a) evidence of a 52 statement made by a defendant to a public servant, which statement if 53 involuntarily made would render the evidence thereof suppressible upon 54 motion pursuant to subdivision three of section 710.20, or (b) testimony 55 regarding an observation of the defendant either at the time or place of 56 the commission of the offense or upon some other occasion relevant to

S. 6847 16 1 the case, to be given by a witness who has previously identified him or 2 her or a pictorial, photographic, electronic, filmed or video recorded 3 reproduction of him or her as such, or (c) tangible objects obtained 4 from the defendant or a place or entity in which a court may rule that 5 the defendant had standing, they must serve upon the defendant a notice 6 of such intention, specifying the evidence intended to be offered. Where 7 notice is given under subdivision two of this section, such notice shall 8 specify all identification procedures in which the witness participated, 9 including photographic procedures, regardless of whether the particular 10 procedure will be offered at trial. 11 2. Such notice must be served within fifteen days after arraignment 12 and before trial, and upon such service the defendant must be accorded 13 reasonable opportunity to move before trial, pursuant to subdivision one 14 of section 710.40, to suppress the specified evidence. [~~For good cause~~ 15 ~~shown, however~~] Where the people establish that they acted with due 16 diligence, the court may permit the people to serve such notice, there- 17 after and in such case it must accord the defendant reasonable opportu- 18 nity thereafter to make a suppression motion. 19 3. In the absence of service of notice upon a defendant as prescribed 20 in this section, no evidence of a kind specified in subdivision one may 21 be received against him upon trial unless he has, despite the lack of 22 such notice, moved to suppress such evidence and such motion has been 23 denied and the evidence thereby rendered admissible as prescribed in 24 subdivision two of section 710.70. 25 4. On an appeal from a judgment of conviction, a defendant who moved 26 to suppress evidence after having unsuccessfully sought preclusion of 27 such evidence under this section may challenge both the denial of 28 preclusion and the denial of suppression. 29 § 8. Section 215.11 of the penal law, as added by chapter 664 of the 30 laws of 1982, is amended to read as follows: 31 § 215.11 Tampering with a witness in the third degree. 32 A person is guilty of tampering with a witness in the third degree 33 when, knowing that a person is about to be called as a witness in a 34 criminal proceeding: 35 1. He wrongfully compels or attempts to compel such person to absent 36 himself from, or otherwise to avoid or seek to avoid appearing or testi- 37 fying at such proceeding by means of instilling in him a fear that the 38 actor will cause physical injury to such person or another person; or 39 2. He wrongfully compels or attempts to compel such person to swear 40 falsely by means of instilling in him a fear that the actor will cause 41 physical injury to such person or another person. 42 Tampering with a witness in the third degree is a class [E] D felony. 43 § 9. Section 215.12 of the penal law, as added by chapter 664 of the 44 laws of 1982, is amended to read as follows: 45 § 215.12 Tampering with a witness in the second degree. 46 A person is guilty of tampering with a witness in the second degree 47 when he: 48 1. Intentionally causes physical injury to a person for the purpose of 49 obstructing, delaying, preventing or impeding the giving of testimony in 50 a criminal proceeding by such person or another person or for the 51 purpose of compelling such person or another person to swear falsely; or 52 2. He intentionally causes physical injury to a person on account of 53 such person or another person having testified in a criminal proceeding. 54 Tampering with a witness in the second degree is a class [D] C felony. 55 § 10. Section 215.15 of the penal law, as added by chapter 667 of the 56 laws of 1985, is amended to read as follows:

S. 6847 17 1 § 215.15 Intimidating a victim or witness in the third degree. 2 A person is guilty of intimidating a victim or witness in the third 3 degree when, knowing that another person possesses information relating 4 to a criminal transaction and other than in the course of that criminal 5 transaction or immediate flight therefrom, he: 6 1. Wrongfully compels or attempts to compel such other person to 7 refrain from communicating such information to any court, grand jury, 8 prosecutor, police officer or peace officer by means of instilling in 9 him a fear that the actor will cause physical injury to such other 10 person or another person; or 11 2. Intentionally damages the property of such other person or another 12 person for the purpose of compelling such other person or another person 13 to refrain from communicating, or on account of such other person or 14 another person having communicated, information relating to that crimi- 15 nal transaction to any court, grand jury, prosecutor, police officer or 16 peace officer. 17 Intimidating a victim or witness in the third degree is a class [E] D 18 felony. 19 § 11. Section 215.16 of the penal law, as added by chapter 667 of the 20 laws of 1985, is amended to read as follows: 21 § 215.16 Intimidating a victim or witness in the second degree. 22 A person is guilty of intimidating a victim or witness in the second 23 degree when, other than in the course of that criminal transaction or 24 immediate flight therefrom, he: 25 1. Intentionally causes physical injury to another person for the 26 purpose of obstructing, delaying, preventing or impeding the communi- 27 cation by such other person or another person of information relating to 28 a criminal transaction to any court, grand jury, prosecutor, police 29 officer or peace officer or for the purpose of compelling such other 30 person or another person to swear falsely; or 31 2. Intentionally causes physical injury to another person on account 32 of such other person or another person having communicated information 33 relating to a criminal transaction to any court, grand jury, prosecutor, 34 police officer or peace officer; or 35 3. Recklessly causes physical injury to another person by inten- 36 tionally damaging the property of such other person or another person, 37 for the purpose of obstructing, delaying, preventing or impeding such 38 other person or another person from communicating, or on account of such 39 other person or another person having communicated, information relating 40 to a criminal transaction to any court, grand jury, prosecutor, police 41 officer or peace officer. 42 Intimidating a victim or witness in the second degree is a class [D] C 43 felony. 44 § 12. This act shall take effect immediately.

Relates to discovery

What's Happening

Why It Matters