BILL NUMBER: S5314
SPONSOR: WEIK
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to protecting
vulnerable witness and victim's contact information
 
PURPOSE:
To ensure privacy for vulnerable witnesses and victims of crimes.
 
SUMMARY OF PROVISIONS:
Section 1: Provides that the disclosure of names and contact information
for persons the court finds on the record are subject to potential
witness intimidation, violence or threats is not required.
Section 2: Provides the effective date.
 
EXISTING LAW:
The prosecution shall disclose to the defendant 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, unless a
protective order is granted,.
 
JUSTIFICATION:
Currently, the prosecution is required to disclose to a defendant the
names and contact information of anyone the prosecutor knows to have
information relevant to any offense charged or to any potential defense.
There are protections for law enforcement personnel and confidential
informants, but while prosecutors can seek a protective order for
witnesses after an arrest is made, they cannot assure witnesses who come
forward to help with an investigation that their anonymity will be
protected.
Concern over a witness's or victim's confidentiality is one of the
primary reasons for them to decline to cooperate in an investigation,
and understandably so. Although the discovery reform laws were intended
to ensure a fair trial for defendants, some of these measures go too far
at the expense of the safety of witnesses and victims. This legislation
will help ensure that those a court finds on the record subject to
potential witness intimidation, violence or threats are able to remain
anonymous by 'providing an explicit exception for them from the new
discovery laws.
 
LEGISLATIVE HISTORY:
S6766 Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5314: 245.20 criminal procedure law, 245.20(1) criminal procedure law