S T A T E   O F   N E W   Y O R K
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                                   25

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. SIMANOWITZ, MILLER -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the civil rights law, in relation to confidentiality  of
  victims and witnesses addresses and telephone numbers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil rights law is amended by  adding  a  new  section
50-f to read as follows:
  S  50-F. CONFIDENTIALITY OF VICTIM AND WITNESS ADDRESSES AND TELEPHONE
NUMBERS. 1. THE RESIDENCE AND BUSINESS ADDRESSES AND  TELEPHONE  NUMBERS
OF ANY VICTIM OF OR WITNESS TO A CRIME SHALL BE CONFIDENTIAL. NO REPORT,
PAPER,  PICTURE,  PHOTOGRAPH, COURT FILE, OR OTHER DOCUMENT THAT RELATES
TO A CRIME AND CONTAINS THE RESIDENCE OR BUSINESS ADDRESS  OR  TELEPHONE
NUMBER  OF A VICTIM OR WITNESS, AND THAT IS IN THE CUSTODY OR POSSESSION
OF ANY PUBLIC OFFICER OR EMPLOYEE, INCLUDING THE  PROSECUTING  ATTORNEY,
THE  POLICE, AND ANY CLERKS, OFFICIALS, OR EMPLOYEES OF ANY STATE COURT,
SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION, UNLESS THE RESIDENCE  AND
BUSINESS  ADDRESSES AND TELEPHONE NUMBERS OF THE VICTIM AND WITNESS HAVE
BEEN DELETED. NO SUCH PUBLIC OFFICER  OR  EMPLOYEE  SHALL  DISCLOSE  THE
RESIDENCE  OR  BUSINESS  ADDRESS OR TELEPHONE NUMBER OF SUCH A VICTIM OR
WITNESS EXCEPT TO:
  A. THE PUBLIC OFFICERS AND EMPLOYEES, INCLUDING  POLICE,  PROSECUTORS,
PROBATION  AND PRISON OFFICERS AND EMPLOYEES, NOT TO INCLUDE COUNSEL FOR
THE DEFENSE, WHO ARE CHARGED WITH THE DUTY OF  INVESTIGATING,  PROSECUT-
ING,  OR KEEPING RECORDS RELATING TO THE CRIME OR THE DEFENDANT, OR WITH
PERFORMING ANY OTHER ACT WHEN DONE PURSUANT TO THE LAWFUL  DISCHARGE  OF
THEIR DUTIES;
  B.  ANY  GOVERNMENT  AGENCY  OR  ENTITY WHICH PROVIDES COMPENSATION OR
SERVICES TO VICTIMS OR WITNESSES, OR WHICH INVESTIGATES  OR  ADJUDICATES
CLAIMS FOR SUCH COMPENSATION OR SERVICES;

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

                                                           LBD00214-01-5

A. 25                               2

  C.  ANY PERSON OR AGENCY UPON WRITTEN CONSENT OF THE VICTIM OR WITNESS
OR THE PARENTS, SPOUSE, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
OF THE VICTIM OR WITNESS EXCEPT AS MAY OTHERWISE BE REQUIRED OR PROVIDED
BY THE ORDER OF A COURT; OR
  D.  ANY  PERSON  WHO,  EITHER  PRIOR TO OR AFTER THE TRIAL OF THE CASE
INVOLVING THE VICTIM OR WITNESS, MAKES APPLICATION  TO  A  COURT  HAVING
JURISDICTION OVER THE ALLEGED CRIME, AND IS AUTHORIZED BY COURT ORDER TO
RECEIVE SUCH INFORMATION. THE COURT ORDER SHALL ISSUE ONLY AFTER:
  (I) THE PERSON MAKING THE APPLICATION DEMONSTRATES TO THE SATISFACTION
OF THE COURT THAT GOOD CAUSE EXISTS FOR DISCLOSURE TO THAT PERSON;
  (II)  THE COURT IS REASONABLY ASSURED BY THE PROSECUTING ATTORNEY THAT
THE VICTIM OR WITNESS IS KNOWN NOT  TO  BE  AT  RISK  OF  PERSONAL  HARM
RESULTING  FROM  THE  DISCLOSURE,  OR  IS ADEQUATELY PROTECTED FROM SUCH
RISK; AND
  (III) NOTICE HAS BEEN GIVEN TO THE VICTIM OR WITNESS AFFECTED  BY  THE
ORDER,  OR  THE PARENTS, SPOUSE, OR OTHER PERSON LEGALLY RESPONSIBLE FOR
THE CARE OF THAT VICTIM OR WITNESS, AND TO THE PROSECUTING  ATTORNEY  AT
LEAST  ONE  HUNDRED  TWENTY  HOURS BEFORE THE SIGNING OF SUCH ORDER. THE
VICTIM OR WITNESS, OR THE PARENTS, SPOUSE, OR THE PERSON LEGALLY RESPON-
SIBLE FOR THE CARE OF THAT VICTIM OR WITNESS, AFFECTED BY THE ORDER  MAY
APPEAL  TO  THE  APPROPRIATE COURT THE DECISION TO ORDER DISCLOSURE, AND
THERE SHALL BE NO DISCLOSURE UNTIL SUCH APPEAL IS HEARD AND DECIDED.
  2. PRIOR TO TRIAL, UPON REQUEST OF COUNSEL FOR THE DEFENDANT TO INTER-
VIEW A VICTIM OR WITNESS, THE PROSECUTING ATTORNEY SHALL ENSURE THAT THE
VICTIM OR WITNESS SOUGHT TO BE INTERVIEWED IS INFORMED OF  THAT  REQUEST
AND OF THE RIGHT OF THE VICTIM OR WITNESS TO EITHER GRANT OR REFUSE THAT
REQUEST.  THE PROSECUTOR SHALL ASK IF THE VICTIM OR WITNESS WILL CONSENT
TO SUCH AN INTERVIEW, AND SHALL  ENSURE  THAT  THE  DEFENSE  COUNSEL  IS
INFORMED  OF  THE  RESPONSE  OF  THE VICTIM OR WITNESS. IF THE VICTIM OR
WITNESS CONSENTS TO BE INTERVIEWED, THE PROSECUTING  ATTORNEY  SHALL  SO
INFORM  THE  DEFENSE  COUNSEL,  AND SHALL OFFER TO THE VICTIM OR WITNESS
SPACE FOR A MEETING IN THE PROSECUTING ATTORNEY'S  OFFICES  OR,  AT  THE
OPTION OF THE PROSECUTING ATTORNEY, SOME OTHER APPROPRIATE NEUTRAL SITE.
THE  PROSECUTING  ATTORNEY  SHALL  NOT BE REQUIRED TO BUT MAY ATTEND THE
MEETING. THE VICTIM OR WITNESS SHALL BE FREE TO MAKE OTHER  ARRANGEMENTS
TO  CONTACT  OR  MEET  WITH COUNSEL FOR THE DEFENSE, AND THE PROSECUTION
ATTORNEY SHALL NOT INTERFERE WITH  NOR  IMPEDE  ON  THOSE  ARRANGEMENTS.
NOTHING  IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING DEFENSE COUN-
SEL FROM CONTACTING THE VICTIM OR WITNESS DIRECTLY FOR THE  PURPOSES  OF
INTERVIEWING  THE VICTIM OR WITNESS, IF THE DEFENSE COUNSEL HAS OBTAINED
LAWFULLY THE ADDRESS OR TELEPHONE NUMBER OF THE VICTIM OR WITNESS FROM A
SOURCE OTHER THAN THE PROSECUTOR.
  3. DURING A TRIAL OR HEARING RELATED TO A  CRIMINAL  PROSECUTION,  THE
COURT  SHALL REQUIRE THAT THE RESIDENCE AND BUSINESS ADDRESSES AND TELE-
PHONE NUMBERS OF ANY VICTIM OF OR WITNESS TO  THE  CRIME  SHALL  NOT  BE
DISCLOSED  IN  OPEN  COURT,  AND  THAT  A VICTIM OR WITNESS SHALL NOT BE
REQUIRED TO PROVIDE THE ADDRESSES OR TELEPHONE NUMBERS OF THE VICTIM  OR
WITNESS  IN  RESPONSE  TO DEFENSE OR PROSECUTION QUESTIONING, UNLESS THE
COURT DETERMINES THAT THERE IS A CLEAR NEED FOR SUCH DISCLOSURE  BECAUSE
THE INFORMATION IS NECESSARY AND RELEVANT TO THE FACTS OF THE CASE OR TO
THE  CREDIBILITY  OF  THE  WITNESS. THE BURDEN TO ESTABLISH THE NEED AND
RELEVANCE FOR DISCLOSURE SHALL BE ON THE DEFENSE OR  THE  PARTY  SEEKING
DISCLOSURE.  PRIOR  TO  ORDERING  DISCLOSURE,  THE  COURT  ALSO SHALL BE
REASONABLY ASSURED THAT THE VICTIM OR WITNESS IS KNOWN NOT TO BE AT RISK
OF PERSONAL  HARM  RESULTING  FROM  THE  DISCLOSURE,  OR  IS  ADEQUATELY
PROTECTED FROM SUCH RISK.

A. 25                               3

  4.  THE COURT HAVING JURISDICTION OVER THE ALLEGED CRIME MAY ORDER ANY
RESTRICTIONS UPON DISCLOSURES AUTHORIZED IN THIS  SECTION  AS  IT  DEEMS
NECESSARY AND PROPER TO PRESERVE THE CONFIDENTIALITY OF THE RESIDENCE OR
BUSINESS ADDRESS OR TELEPHONE NUMBER OF THE VICTIM OR WITNESS.
  5. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE
COURT TO EXCLUDE THE PUBLIC FROM ANY STAGE OF THE CRIMINAL PROCEEDING OR
OTHERWISE  INTERFERE  WITH  A DEFENDANT'S DISCOVERY RIGHTS, THE PUBLIC'S
RIGHT OF ACCESS TO GOVERNMENTAL RECORDS, OR THE RIGHT OF NEWS  MEDIA  TO
REPORT INFORMATION LAWFULLY OBTAINED.
  S 2. This act shall take effect immediately.