What's happening
This bill requires witnesses to give affirmative consent before their contact information can be disclosed to defendants in criminal cases.
Why it matters
Increases witness protection and privacy. By requiring affirmative consent before a witness’s contact information can be shared with a defendant, the bill aims to reduce risks of witness intimidation, harassment, or retaliation, potentially making people more willing to come forward.
Shifts the burden to prosecution. If a witness declines consent, the prosecution must seek a protective order and show good cause for withholding the information, formalizing a process for balancing defendant rights and witness safety.
Could impact defense investigations. Defense teams may face new challenges in investigating cases or contacting potential witnesses, which could affect their ability to prepare a thorough defense, raising possible questions about fairness and due process.
Standardizes law enforcement procedures. The bill mandates that law enforcement ask for affirmative consent during initial interviews, creating clearer protocols for handling sensitive information and ensuring consistency across cases.
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Who cares
Headline styles
Witness Info Requires Consent
Plain English, a few words. Used as the page title.
Sponsors
History
- Notice of committee consideration - requested
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7133
IN SENATE
January 8, 2020
Introduced by Sen. GRIFFO -- 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 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 who have given affirmative consent for such disclosure of his or her 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 his or her 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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14687-01-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 or general idea of bill
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 specific 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 a 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 provide 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.
Prior legislative history
This is a new bill.
Fiscal implications
None.
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.