S 3142: Provides that evidence of a homicide where the defendant has substantiated affiliation with a criminal enterprise may be withheld from discovery.

  
  STATE OF NEW YORK ________________________________________________________________________ 3142 2025-2026 Regular Sessions  IN SENATE January 23, 2025 ___________ Introduced by Sen. COONEY -- 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 the timing of certain discovery The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Clause (A) of subparagraph (iv) of paragraph (a) of subdi- 2 vision 1 of section 245.10 of the criminal procedure law, as amended by 3 section 1 of part HHH of chapter 56 of the laws of 2020, is amended to 4 read as follows: 5 (A) Portions of materials claimed to be non-discoverable may be with- 6 held pending a determination and ruling of the court under section 7 245.70 of this article; but the defendant shall be notified in writing 8 that information has not been disclosed under a particular subdivision 9 of such section, and the discoverable portions of such materials shall 10 be disclosed to the extent practicable. Information related to or 11 evidencing the identity of a 911 caller, the victim or witness of any 12 felony defined under article one hundred twenty-five of the penal law or 13 an offense defined under article one hundred thirty or sections 230.34 14 and 230.34-a of the penal law, or any other victim or witness of a crime 15 where the defendant has substantiated affiliation with a criminal enter- 16 prise as defined in subdivision three of section 460.10 of the penal law 17 may be withheld, provided, however, the defendant may move the court for 18 disclosure. 19 § 2. Paragraph (c) of subdivision 1 of section 245.20 of the criminal 20 procedure law, as amended by section 2 of part HHH of chapter 56 of the 21 laws of 2020, is amended to read as follows: 22 (c) The names and adequate contact information for all persons other 23 than law enforcement personnel whom the prosecutor knows to have 24 evidence or information relevant to any offense charged or to any poten- 25 tial defense thereto, including a designation by the prosecutor as to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00962-01-5 
 S. 3142 2 1 which of those persons may be called as witnesses. Nothing in this para- 2 graph shall require the disclosure of physical addresses; provided, 3 however, upon a motion and good cause shown the court may direct the 4 disclosure of a physical address. Information under this subdivision 5 relating to the identity of a 911 caller, the victim or witness of any 6 felony defined under article one hundred twenty-five of the penal law or 7 an offense defined under article one hundred thirty or section 230.34 or 8 230.34-a of the penal law, any other victim or witness of a crime where 9 the defendant has substantiated affiliation with a criminal enterprise 10 as defined in subdivision three of section 460.10 of the penal law, or a 11 confidential informant may be withheld, and redacted from discovery 12 materials, without need for a motion pursuant to section 245.70 of this 13 article; but the prosecution shall notify the defendant in writing that 14 such information has not been disclosed, unless the court rules other- 15 wise for good cause shown. 16 § 3. This act shall take effect on the thirtieth day after it shall 17 have become a law.