S 4634: Creates the crime of unlawful dissemination or publication of discovery material; defines the circumstances under which a person is guilty of such crime; establishes that such crime is a class E felony.

  
  STATE OF NEW YORK ________________________________________________________________________ 4634 2025-2026 Regular Sessions  IN SENATE February 10, 2025 ___________ Introduced by Sen. WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to creating the crime of unlawful dissemination or publica- tion of discovery material The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 215.09 to 2 read as follows: 3 § 215.09 Unlawful dissemination or publication of discovery material. 4 1. A person is guilty of unlawful dissemination or publication of 5 discovery material, when such person: 6 a. Intentionally disseminates or publishes material defined under 7 section 245.20 of the criminal procedure law with the intent of intim- 8 idating or harassing another person; or 9 b. Intentionally disseminates or publishes material defined under 10 section 245.20 of the criminal procedure law to another person and such 11 person knew or reasonably should have known that the person intended to 12 use the discovery material to intimidate or harass another person. 13 2. A person who is the defense counsel to a defendant in a legal 14 proceeding shall not be guilty of an offense under paragraph b of subdi- 15 vision one of this section, when communicating directly with the defend- 16 ant in accordance with article two hundred forty-five of the criminal 17 procedure law. 18 3. Under this section, "disseminates" and "publishes" shall have the 19 same meanings as under section 250.40 of this part. 20 Unlawful dissemination or publication of discovery material is a class 21 E felony. 22 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 23 criminal procedure law, paragraph (t) as amended and paragraph (u) as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08876-01-5 
 S. 4634 2 1 added by section 2 of subpart B of part UU of chapter 56 of the laws of 2 2022, are amended and a new paragraph (v) is added to read as follows: 3 (t) any felony or class A misdemeanor involving harm to an identifi- 4 able person or property, or any charge of criminal possession of a 5 firearm as defined in section 265.01-b of the penal law, where such 6 charge arose from conduct occurring while the defendant was released on 7 [his or her] such defendant's own recognizance, released under condi- 8 tions, or had yet to be arraigned after the issuance of a desk appear- 9 ance ticket for a separate felony or class A misdemeanor involving harm 10 to an identifiable person or property, or any charge of criminal 11 possession of a firearm as defined in section 265.01-b of the penal law, 12 provided, however, that the prosecutor must show reasonable cause to 13 believe that the defendant committed the instant crime and any underly- 14 ing crime. For the purposes of this subparagraph, any of the underlying 15 crimes need not be a qualifying offense as defined in this subdivision. 16 For the purposes of this paragraph, "harm to an identifiable person or 17 property" shall include but not be limited to theft of or damage to 18 property. However, based upon a review of the facts alleged in the accu- 19 satory instrument, if the court determines that such theft is negligible 20 and does not appear to be in furtherance of other criminal activity, the 21 principal shall be released on [his or her] such principal's own recog- 22 nizance or under appropriate non-monetary conditions; [or] 23 (u) criminal possession of a weapon in the third degree as defined in 24 subdivision three of section 265.02 of the penal law or criminal sale of 25 a firearm to a minor as defined in section 265.16 of the penal law[.]; 26 or 27 (v) unlawful dissemination or publication of discovery material as 28 defined in section 215.09 of the penal law. 29 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 30 section 530.20 of the criminal procedure law, subparagraph (xx) as 31 amended and subparagraph (xxi) as added by section 4 of subpart C of 32 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 33 agraph (xxii) is added to read as follows: 34 (xx) any felony or class A misdemeanor involving harm to an identifi- 35 able person or property, or any charge of criminal possession of a 36 firearm as defined in section 265.01-b of the penal law where such 37 charge arose from conduct occurring while the defendant was released on 38 [his or her] such defendant's own recognizance, released under condi- 39 tions, or had yet to be arraigned after the issuance of a desk appear- 40 ance ticket for a separate felony or class A misdemeanor involving harm 41 to an identifiable person or property, provided, however, that the 42 prosecutor must show reasonable cause to believe that the defendant 43 committed the instant crime and any underlying crime. For the purposes 44 of this subparagraph, any of the underlying crimes need not be a quali- 45 fying offense as defined in this subdivision. For the purposes of this 46 paragraph, "harm to an identifiable person or property" shall include 47 but not be limited to theft of or damage to property. However, based 48 upon a review of the facts alleged in the accusatory instrument, if the 49 court determines that such theft is negligible and does not appear to be 50 in furtherance of other criminal activity, the principal shall be 51 released on [his or her] such principal's own recognizance or under 52 appropriate non-monetary conditions; [or] 53 (xxi) criminal possession of a weapon in the third degree as defined 54 in subdivision three of section 265.02 of the penal law or criminal sale 55 of a firearm to a minor as defined in section 265.16 of the penal 56 law[.]; or 
 S. 4634 3 1 (xxii) unlawful dissemination or publication of discovery material as 2 defined in section 215.09 of the penal law. 3 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 4 criminal procedure law, paragraph (t) as amended and paragraph (u) as 5 added by section 4 of subpart B of part UU of chapter 56 of the laws of 6 2022, are amended and a new paragraph (v) is added to read as follows: 7 (t) any felony or class A misdemeanor involving harm to an identifi- 8 able person or property, or any charge of criminal possession of a 9 firearm as defined in section 265.01-b of the penal law, where such 10 charge arose from conduct occurring while the defendant was released on 11 [his or her] such defendant's own recognizance, released under condi- 12 tions, or had yet to be arraigned after the issuance of a desk appear- 13 ance ticket for a separate felony or class A misdemeanor involving harm 14 to an identifiable person or property, or any charge of criminal 15 possession of a firearm as defined in section 265.01-b of the penal law, 16 provided, however, that the prosecutor must show reasonable cause to 17 believe that the defendant committed the instant crime and any underly- 18 ing crime. For the purposes of this subparagraph, any of the underlying 19 crimes need not be a qualifying offense as defined in this subdivision. 20 For the purposes of this paragraph, "harm to an identifiable person or 21 property" shall include but not be limited to theft of or damage to 22 property. However, based upon a review of the facts alleged in the accu- 23 satory instrument, if the court determines that such theft is negligible 24 and does not appear to be in furtherance of other criminal activity, the 25 principal shall be released on [his or her] such principal's own recog- 26 nizance or under appropriate non-monetary conditions; [or] 27 (u) criminal possession of a weapon in the third degree as defined in 28 subdivision three of section 265.02 of the penal law or criminal sale of 29 a firearm to a minor as defined in section 265.16 of the penal law[.] ; 30 or 31 (v) unlawful dissemination or publication of discovery material as 32 defined in section 215.09 of the penal law. 33 § 5. This act shall take effect immediately.