New York A 2290: Protects the identity of witnesses of hate crimes in discovery proceedings

Bill Text

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A02290 Summary:

BILL NOA02290 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORGandolfo

&nbsp

COSPNSRDeStefano, Gallahan, Durso, Smullen, Manktelow, Brown K, Reilly, Angelino, Ra, Brook-Krasny, Chang,
 Chludzinski, Bailey

&nbsp

MLTSPNSR

&nbsp

Amd §245.20, CP L

&nbsp

Protects the identity of witnesses of hate crimes in discovery proceedings by requiring identifying information to be redacted, unless the court rules otherwise for good cause shown.

Go to top A02290 Actions:

BILL NOA02290 

&nbsp

01/16/2025referred to codes

01/07/2026referred to codes

Go to topA02290 Committee&nbspVotes:

Go to topA02290 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02290 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2290

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

 Introduced by M. of A. GANDOLFO, DeSTEFANO, GALLAHAN, DURSO, SMULLEN,
 MANKTELOW, K. BROWN, REILLY, ANGELINO, RA, BROOK-KRASNY, CHANG -- read
 once and referred to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to protecting
 the identity of witnesses of hate crimes in discovery proceedings

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraphs (c) and (g) of subdivision 1 of section 245.20
 2 of the criminal procedure law, as amended by section 2 of part HHH of
 3 chapter 56 of the laws of 2020, are amended to read as follows:
 4 (c) The names and adequate contact information for all persons other
 5 than law enforcement personnel whom the prosecutor knows to have
 6 evidence or information relevant to any offense charged or to any poten-
 7 tial defense thereto, including a designation by the prosecutor as to
 8 which of those persons may be called as witnesses. Nothing in this para-
 9 graph shall require the disclosure of physical addresses; provided,
 10 however, upon a motion and good cause shown the court may direct the
 11 disclosure of a physical address. Information under this subdivision
 12 relating to the identity of a 911 caller, the victim or witness of an
 13 offense defined under article one hundred thirty or section 230.34 or
 14 230.34-a of the penal law, any other victim or witness of a crime where
 15 the defendant has substantiated affiliation with a criminal enterprise
 16 as defined in subdivision three of section 460.10 of the penal law, or a
 17 confidential informant may be withheld, and redacted from discovery
 18 materials, without need for a motion pursuant to section 245.70 of this
 19 article; but the prosecution shall notify the defendant in writing that
 20 such information has not been disclosed, unless the court rules other-
 21 wise for good cause shown. Information under this subdivision relating
 22 to the identity of a witness of a hate crime, as defined under section
 23 485.05 of the penal law, shall be withheld and redacted from discovery
 24 materials, without need for a motion pursuant to section 245.70 of this

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04558-01-5

 A. 2290 2

 1 article; but the prosecution shall notify the defendant in writing that
 2 such information has not been disclosed, unless the court rules other-
 3 wise for good cause shown.
 4 (g) All tapes or other electronic recordings, including all electronic
 5 recordings of 911 telephone calls made or received in connection with
 6 the alleged criminal incident, and a designation by the prosecutor as to
 7 which of the recordings under this paragraph the prosecution intends to
 8 introduce at trial or a pre-trial hearing. If the discoverable materials
 9 under this paragraph exceed ten hours in total length, the prosecution
 10 may disclose only the recordings that it intends to introduce at trial
 11 or a pre-trial hearing, along with a list of the source and approximate
 12 quantity of other recordings and their general subject matter if known,
 13 and the defendant shall have the right upon request to obtain recordings
 14 not previously disclosed. The prosecution shall disclose the requested
 15 materials as soon as practicable and not less than fifteen calendar days
 16 after the defendant's re