New York 2025-2026 Regular Session

New York Senate Bill S05095

Introduced
2/18/25  
Refer
2/18/25  

Caption

Requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court.

Summary

Bill S05095 amends the New York criminal procedure law to require affirmative consent from witnesses before their contact information can be disclosed to a defendant. This change aims to enhance the protection of witnesses by ensuring that their personal information is only shared with their explicit permission. The bill stipulates that if a witness denies consent, they must provide good cause for their refusal, and the prosecution is required to seek a protective order on their behalf if necessary.

Impact

The bill will impact the handling of witness information in criminal cases, reinforcing privacy protections for individuals who may have evidence relevant to legal proceedings. By mandating affirmative consent, the legislation aims to reduce the risk of intimidation or retaliation against witnesses, thereby potentially encouraging more individuals to come forward with information. This change may also affect the dynamics of prosecution and defense strategies in criminal cases, as access to witness information will be more restricted.

Sentiment

The general sentiment around Bill S05095 appears to be supportive among those advocating for witness protection and privacy rights. However, there may be concerns from defense attorneys regarding the implications of restricted access to witness information, which could affect the ability to mount a robust defense. The lack of recorded votes or committee discussions makes it difficult to gauge the full spectrum of opinions on the bill.

Contention

Notable points of contention may arise between advocates for witness protection, who support the bill for its privacy provisions, and defense attorneys, who may argue that the requirement for affirmative consent could hinder the defendant's right to a fair trial by limiting access to potentially exculpatory witness information. The balance between protecting witnesses and ensuring defendants' rights is likely to be a focal point of debate.

Companion Bills

No companion bills found.

Previously Filed As

NY S03272

Requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court.

NY A08014

Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court (Part C); relates to consideration of the death penalty for the commission of certain provisions of murder in the first degree (Part D).

NY S01830

Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court (Part C); relates to consideration of the death penalty for the commission of certain provisions of murder in the first degree (Part D).

NY A02193

Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court (Part C); relates to consideration of the death penalty for the commission of certain provisions of murder in the first degree (Part D).

NY S07337

Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court (Part C); relates to consideration of the death penalty for the commission of certain provisions of murder in the first degree (Part D).

NY S04413

Requires a business to delete a consumer's financial information after cancellation of an automatic renewal or continuous service, unless such consumer has affirmatively consented to retention of such financial information; requires such business to notify such consumer of such deletion.

NY A10770

Requires a business to delete a consumer's financial information after cancellation of an automatic renewal or continuous service, unless such consumer has affirmatively consented to retention of such financial information; requires such business to notify such consumer of such deletion.

NY S2262

Requires affirmative written consent for certain entities to disclose individual's medical information regarding reproductive health care services, with limited exceptions, unless disclosure is necessary to provide those services.

NY A2220

Requires affirmative written consent for certain entities to disclose individual's medical information regarding reproductive health care services, with limited exceptions, unless disclosure is necessary to provide those services.

NY S06578

Provides that consenting registrants of the adoption information registry may pre-authorize the release of identifying information.

Similar Bills

No similar bills found.