STATE OF NEW YORK ________________________________________________________________________ 5340 2023-2024 Regular Sessions IN SENATE March 2, 2023 ___________ 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 he or she: 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 he or 11 she knew or reasonably should have known that the person intended to use 12 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. LBD09275-02-3
S. 5340 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 own recognizance, released under conditions, or had yet to be 8 arraigned after the issuance of a desk appearance ticket for a separate 9 felony or class A misdemeanor involving harm to an identifiable person 10 or property, or any charge of criminal possession of a firearm as 11 defined in section 265.01-b of the penal law, provided, however, that 12 the prosecutor must show reasonable cause to believe that the defendant 13 committed the instant crime and any underlying crime. For the purposes 14 of this subparagraph, any of the underlying crimes need not be a quali- 15 fying offense as defined in this subdivision. For the purposes of this 16 paragraph, "harm to an identifiable person or property" shall include 17 but not be limited to theft of or damage to property. However, based 18 upon a review of the facts alleged in the accusatory instrument, if the 19 court determines that such theft is negligible and does not appear to be 20 in furtherance of other criminal activity, the principal shall be 21 released on his or her own recognizance or under appropriate non-mone- 22 tary 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 own recognizance, released under conditions, or had yet to be 39 arraigned after the issuance of a desk appearance ticket for a separate 40 felony or class A misdemeanor involving harm to an identifiable person 41 or property, provided, however, that the prosecutor must show reasonable 42 cause to believe that the defendant committed the instant crime and any 43 underlying crime. For the purposes of this subparagraph, any of the 44 underlying crimes need not be a qualifying offense as defined in this 45 subdivision. For the purposes of this paragraph, "harm to an identifi- 46 able person or property" shall include but not be limited to theft of or 47 damage to property. However, based upon a review of the facts alleged in 48 the accusatory instrument, if the court determines that such theft is 49 negligible and does not appear to be in furtherance of other criminal 50 activity, the principal shall be released on his or her own recognizance 51 or under appropriate non-monetary conditions; [or] 52 (xxi) criminal possession of a weapon in the third degree as defined 53 in subdivision three of section 265.02 of the penal law or criminal sale 54 of a firearm to a minor as defined in section 265.16 of the penal 55 law[.]; or
S. 5340 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 own recognizance, released under conditions, or had yet to be 12 arraigned after the issuance of a desk appearance ticket for a separate 13 felony or class A misdemeanor involving harm to an identifiable person 14 or property, or any charge of criminal possession of a firearm as 15 defined in section 265.01-b of the penal law, provided, however, that 16 the prosecutor must show reasonable cause to believe that the defendant 17 committed the instant crime and any underlying crime. For the purposes 18 of this subparagraph, any of the underlying crimes need not be a quali- 19 fying offense as defined in this subdivision. For the purposes of this 20 paragraph, "harm to an identifiable person or property" shall include 21 but not be limited to theft of or damage to property. However, based 22 upon a review of the facts alleged in the accusatory instrument, if the 23 court determines that such theft is negligible and does not appear to be 24 in furtherance of other criminal activity, the principal shall be 25 released on his or her own recognizance or under appropriate non-mone- 26 tary 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.