Section 200.95. Indictment; bill of particulars

1.  Definitions. (a)   "Bill of particulars" is a written statement by
  the prosecutor specifying, as required by this section, items of factual
  information which are not recited in the indictment and which pertain to
  the offense charged and including  the  substance  of  each  defendant's
  conduct  encompassed  by  the charge which the people intend to prove at
  trial on their direct case, and whether the people intend to prove  that
  the  defendant  acted  as  principal or accomplice or both, and items of
  factual information which  are  not  recited  in  a  special  forfeiture
  information  or  prosecutor's  forfeiture  information containing one or
  more forfeiture counts and  which  pertain  to  the  substance  of  each
  defendant's conduct giving rise to the forfeiture claim, the approximate
  value  of property for which forfeiture is sought, the nature and extent
  of the defendant's interest in such property,  and  the  extent  of  the
  defendant's  gain,  if  any,  from  the  offense charged.   However, the
  prosecutor shall not be required to include in the bill  of  particulars
  matters  of  evidence  relating  to  how  the people intend to prove the
  elements of the offense charged or how the people intend  to  prove  any
  item of factual information included in the bill of particulars.
    (b) "Request for a bill of particulars" is a written request served by
  defendant upon the people, without leave of the court, requesting a bill
  of particulars, specifying the items of factual information desired, and
  alleging that defendant cannot adequately prepare or conduct his defense
  without the information requested.
    2.  Bill of particulars upon request. Upon a timely request for a bill
  of particulars by a defendant against whom an indictment is pending, the
  prosecutor shall within fifteen days of the service of the request or as
  soon thereafter as is practicable,  serve  upon  the  defendant  or  his
  attorney,  and  file  with the court, the bill of particulars, except to
  the extent the prosecutor shall have refused to comply with the  request
  pursuant to subdivision four of this section.
    3. Timeliness of request. A request for a bill of particulars shall be
  timely  if  made  within  thirty  days  after arraignment and before the
  commencement of trial. If the defendant is not represented  by  counsel,
  and  has  requested  an adjournment to obtain counsel or to have counsel
  assigned, the thirty day period shall commence, for the  purposes  of  a
  request  for a bill of particulars by the defendant, on the date counsel
  initially  appears  on  his  behalf.  However,  the  court  may   direct
  compliance with a request for a bill of particulars that, for good cause
  shown, could not have been made within the time specified.
    4.  Request  refused.  The  prosecutor  may  refuse to comply with the
  request for a bill of particulars or any portion of the  request  for  a
  bill  of  particulars to the extent he reasonably believes that the item
  of factual information requested is not authorized to be included  in  a
  bill of particulars, or that such information is not necessary to enable
  the  defendant  adequately  to prepare or conduct his defense, or that a
  protective order would be warranted or that the demand is untimely. Such
  refusal shall be made in a writing, which shall set forth the grounds of
  such belief as fully as possible, consistent with  the  reason  for  the
  refusal.  Within  fifteen  days  of the request or as soon thereafter as
  practicable, the refusal shall be served upon the defendant and  a  copy
  shall be filed with the court.
    5.  Court  ordered bill of particulars.  Where a prosecutor has timely
  served a written refusal pursuant to subdivision four  of  this  section
  and upon motion, made in writing, of a defendant, who has made a request
  for  a  bill of particulars and whose request has not been complied with
  in whole or in part, the court must, to the extent a protective order is
  not warranted, order the prosecutor to comply with the request if it  is

  satisfied that the items of factual information requested are authorized
  to  be  included  in a bill of particulars, and that such information is
  necessary to enable the defendant adequately to prepare or  conduct  his
  defense  and,  if  the request was untimely, a finding of good cause for
  the delay. Where a prosecutor has not timely served  a  written  refusal
  pursuant  to  subdivision four of this section the court must, unless it
  is satisfied that the people have shown good cause  why  such  an  order
  should  not be issued, issue an order requiring the prosecutor to comply
  or providing for any  other  order  authorized  by  subdivision  one  of
  section 240.70.
    6.  Motion procedure. A motion for a bill of particulars shall be made
  as prescribed in  section  255.20.  Upon  an  order  granting  a  motion
  pursuant to this section, the prosecutor must file with the court a bill
  of  particulars,  reciting  every  item of information designated in the
  order, and serve a copy thereof upon the defendant. Pending such  filing
  and service, the proceedings are stayed.
    7.  Protective  order.  (a)  The court in which the criminal action is
  pending may, upon motion of the prosecutor, or of any  affected  person,
  or  upon determination of a motion of defendant for a court ordered bill
  of particulars, or upon its own initiative,  issue  a  protective  order
  denying,  limiting,  conditioning,  delaying  or  regulating the bill of
  particulars for good cause, including constitutional limitations, danger
  to the integrity of physical evidence or a substantial risk of  physical
  harm,  intimidation, economic reprisal, bribery or unjustified annoyance
  or embarrassment to any person or an adverse effect upon the  legitimate
  needs   of   law   enforcement,   including   the   protection   of  the
  confidentiality of informants, or any other factor  or  set  of  factors
  which outweighs the need for the bill of particulars.
    (b)  An  order limiting, conditioning, delaying or regulating the bill
  of particulars may, among other things, require that any material copied
  or derived therefrom be maintained in the exclusive  possession  of  the
  attorney  for  the  defendant  and  be used for the exclusive purpose of
  preparing for the defense of the criminal action.
    8. Amendment. At any time before commencement of trial, the prosecutor
  may, without leave of the court, serve upon defendant and file with  the
  court  an  amended  bill  of particulars. At any time during trial, upon
  application of the prosecutor and with notice to the  defendant  and  an
  opportunity  for  him  to be heard, the court must, upon finding that no
  undue prejudice will accrue to defendant and  that  the  prosecutor  has
  acted  in  good  faith,  permit  the  prosecutor  to  amend  the bill of
  particulars. Upon any amendment of the bill of  particulars,  the  court
  must,  upon  application  of  defendant,  order  an  adjournment  of the
  proceedings or any other action  it  deems  appropriate  which  may,  by
  reason  of  the  amendment,  be  necessary  to  accord  the defendant an
  adequate opportunity to defend.