What's happening
This bill prevents disclosure of the identity or contact information of individuals reporting violations of local laws or ordinances.
Why it matters
Encourages reporting of local law violations. by protecting the anonymity of individuals, which may make people more willing to report issues like code violations, noise complaints, or other local ordinance breaches without fear of retaliation.
Limits transparency for defense attorneys. in criminal proceedings, as they will no longer automatically receive the identity or contact information of individuals who report local law or ordinance violations, potentially impacting their ability to investigate the source or credibility of such reports.
Aligns treatment of local law reporters with that of confidential informants,. reinforcing the idea that certain sources of information deserve heightened privacy protections within the criminal justice process, unless a court finds good cause to order disclosure.
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Who cares
People reporting local law or ordinance violations
The bill would exempt their names and contact information from disclosure under this criminal discovery provision.
Prosecutors
The bill would remove this provision’s requirement to disclose identifying and contact information for individuals who report local law or ordinance violations.
Criminal defendants and defense attorneys
They would no longer be entitled under this provision to names and contact information for those reporting individuals, even when they have information relevant to a charge or potential defense.
Headline styles
Protect Whistleblower Privacy
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Whistleblower Identities
In Assembly Committee · Codes · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6928
2019-2020 Regular Sessions
IN SENATE
December 27, 2019
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the criminal procedure law, in relation to the nondisclosure of an individual reporting a violation of a local law or ordinance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 1 of section 245.20 of the criminal procedure law, as added by section 2 of part LLL of chapter 59 of the laws of 2019, 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 potential 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 name or contact information for any individual reporting a violation of a local law or ordinance. 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 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; provided, however that if section 2 of part LLL of chapter 59 of the laws of 2019 shall not have taken effect on or before such date, then section one of this act shall take effect on the same date and in the same manner as such section 2 of part LLL of chapter 59 of the laws of 2019, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14504-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Purpose
This bill allows for the anonymity of persons reporting violations of local codes or ordinances.
Summary of provisions
Section one amends paragraph (a) of subdivision 1 of section 245.10 of the criminal procedure law, creating an exception to the requirement that the name and contact information of all persons who contributed information pertaining to the offense charged be disclosed to a defend- ant. This exception would only apply to the prosecution of local laws and ordinances.
Section two provides that this act shall take effect immediately.
Justification
This bill would allow for the anonymity of a person reporting a violation of a local law or ordinance. By their very nature, the prose- cution of local laws and ordinances are different than the prosecution of a criminal matter. Frequently, the only evidence that a local attor- ney has when initiating an investigation in to alleged violations is the report of a neighbor. If neighbors can no longer make anonymous complaints, many will choose not to report violations at all, because of the proximity in which they live to the accused and because of fear of retaliation.
Deterring the reporting of code and ordinance violations will only result in a decrease in the quality of life for the very people th at these codes and ordinances were meant to protect. Creating an exception to the discovery rule for these types of actions, which typically do not result in jail time, will ensure that people still feel comfortable making reports.
Legislative history
New Legislation.
Fiscal implications
None to the State and potential cost savings for local governments.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.