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Bill > S05095


NY S05095

NY S05095
Requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court.


summary

Introduced
02/18/2025
In Committee
02/18/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

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

AI Summary

This bill amends the New York Criminal Procedure Law to require affirmative consent from witnesses before their contact information can be disclosed to a defendant. Under the new provisions, law enforcement must request consent during their initial interview with potential witnesses who have relevant evidence or information about a case. If a witness does not provide consent, they must provide a valid reason for denial, and the prosecution must then file a protective order motion. The bill maintains existing protections for certain sensitive witnesses, such as 911 callers, victims of specific crimes, or confidential informants, who can have their contact information withheld without a formal motion. The court retains discretion to determine whether good cause exists for denying contact information disclosure, ensuring that witness safety and privacy concerns are balanced with the defendant's right to information. This change aims to provide witnesses with more control over their personal information and protect them from potential retaliation or harassment while still maintaining the defendant's ability to access necessary case information through proper legal channels.

Committee Categories

Housing and Urban Affairs

Sponsors (4)

Last Action

REFERRED TO CODES (on 02/18/2025)

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