S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1306
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced by M. of A. SIMANOWITZ, M. G. MILLER -- Multi-Sponsored by --
   M. of A.  HOOPER -- read once and referred to the Committee on Govern-
   mental 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:
   § 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.
              

                                                            LBD03473-01-7

 A. 1306                             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. 1306                             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.
   § 2. This act shall take effect immediately.