Assembly Bill A3608

2013-2014 Legislative Session

Amends the criminal procedure law, the family court act, the civil practice law and rules, the penal law and the social services law to restrict violent felons from access to personal records of their victims

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A3608 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.50, CP L; amd §331.5, Fam Ct Act; amd §3103, add §2303-b, CPLR; add §60.38, Pen L; amd §§378-a & 390-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A245
2011-2012: A603

2013-A3608 (ACTIVE) - Summary

Restricts the ability of perpetrators of violent crimes to access personal records of their victims.

2013-A3608 (ACTIVE) - Bill Text download pdf

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

                                  3608

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI,  CUSICK, SCHIMMINGER, ZEBROWSKI,
  COLTON, GABRYSZAK, GALEF,  WEISENBERG,  ROBINSON,  BENEDETTO,  MAISEL,
  CLARK -- Multi-Sponsored by -- M. of A. ABBATE, BOYLAND, HIKIND, HOOP-
  ER,  MAGEE,  MILLMAN,  PERRY, SWEENEY -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, the family  court  act,  the
  civil  practice  law  and rules, the penal law and the social services
  law, in relation to restricting the ability of perpetrators of violent
  crimes to access personal records of their victims; and to  amend  the
  civil  practice law and rules, in relation to service of a subpoena by
  a pro se litigant

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

  Section  1. Section 240.50 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IN THE CASE OF
A CRIMINAL ACTION INVOLVING A FELONY AS DEFINED IN SECTION 10.00 OF  THE
PENAL LAW:
  (A)  ENTAILING  SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 10.00 OF
THE PENAL LAW; OR
  (B) INVOLVING AN OFFENSE DESCRIBED IN ARTICLE ONE  HUNDRED  THIRTY  OF
THE PENAL LAW,
DISCOVERY  OF  MATERIAL  CONTAINING  PERSONAL  INFORMATION REGARDING THE
VICTIM AGAINST WHOM THE  FELONY  WAS  ALLEGEDLY  COMMITTED  IS  ALLOWED,
INCLUDING, BUT NOT LIMITED TO DISCOVERY OF MEDICAL, EDUCATIONAL, EMPLOY-
MENT  AND FINANCIAL INFORMATION AND NON-PUBLIC INFORMATION PERTAINING TO
THE VICTIM'S LOCATION, SHALL BE ALLOWED  ONLY  PURSUANT  TO  A  SUBPOENA
ISSUED  BY  THE  COURT  IN WHICH THE ACTION IS PENDING, AND A PROTECTIVE
ORDER DIRECTING THAT ANY SUCH MATERIAL SHALL BE USED FOR  THE  EXCLUSIVE
PURPOSE  OF  PREPARING  FOR  THE  DEFENSE OR PROSECUTION OF THE CRIMINAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01463-01-3

              

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