Section 330.1. Bill of particulars

1.  Definitions.  (a)  "Bill  of
  particulars"  is  a  written  statement  by   the   presentment   agency
  specifying,  as  required  by this section, items of factual information
  which are not recited in the petition and which pertain to  the  offense
  charged  and  including  the  substance  of  each  respondent's  conduct
  encompassed by the charge which the presentment agency intends to  prove
  at   a  fact-finding  hearing  on  its  direct  case,  and  whether  the
  presentment agency  intends  to  prove  that  the  respondent  acted  as
  principal  or  accomplice or both. However, the presentment agency shall
  not be required to  include  in  the  bill  of  particulars  matters  of
  evidence  relating  to  how  the presentment agency intends to prove the
  elements of the offense charged or how the presentment agency intends 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
  respondent  upon  the  presentment  agency,  without leave of the court,
  requesting a bill  of  particulars,  specifying  the  items  of  factual
  information  desired,  and  alleging  that  respondent 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 respondent against whom a petition is pending, the
  presentment agency shall within fifteen  days  of  the  service  of  the
  request  or  as  soon  thereafter  as  is  practicable,  serve  upon the
  respondent or his attorney or law guardian and file with the court,  the
  bill  of  particulars, except to the extent the presentment agency shall
  have refused to comply with the request pursuant to subdivision four  of
  this  section. If the respondent is detained, the court shall direct the
  filing of the bill of particulars on an expedited basis and prior to the
  commencement of the fact-finding hearing.
    3. Timeliness of request. A request for a bill of particulars shall be
  timely if made within thirty days after the conclusion  of  the  initial
  appearance  and  before commencement of the fact-finding hearing. If the
  respondent is not represented by counsel or  a  law  guardian,  and  has
  requested  an  adjournment  to  retain counsel or to have a law guardian
  appointed, the thirty-day period shall commence, for the purposes  of  a
  request for a bill of particulars by the respondent, on the date counsel
  or  a  law guardian initially appeared on respondent's 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 presentment agency 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 it 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 respondent 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 respondent and a copy
  shall be filed with the court.
    5. Court ordered bill of particulars. Where a presentment  agency  has
  timely  served  a  written  refusal pursuant to subdivision four of this
  section and upon motion, made in writing, of a respondent, 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 presentment agency 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
  respondent  adequately  to  prepare  or  conduct his defense and, if the
  request was untimely, a finding of good cause for  the  delay.  Where  a
  presentment  agency  has not timely served a written refusal pursuant to
  subdivision four of this section the court must, unless it is  satisfied
  that  the  presentment  agency  has  shown  good cause why such an order
  should not be issued, issue an order requiring the presentment agency to
  comply or providing for any other order authorized by subdivision one of
  section 331.6.
    6. Motion procedure. A motion for a bill of particulars shall be  made
  as prescribed in section 332.1. Upon an order granting a motion pursuant
  to  this section, the presentment agency 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 respondent. Pending such filing
  and service, the fact-finding hearing is stayed.
    7. Protective order. (a) The court may, upon motion of the presentment
  agency,  or of any affected person, or upon determination of a motion of
  respondent 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 or law  guardian  for  the  respondent  and  be  used  for  the
  exclusive   purpose  of  preparing  for  the  defense  of  the  juvenile
  delinquency proceeding.
    8. Amendment. At any time  before  commencement  of  the  fact-finding
  hearing,  the  presentment agency may, without leave of the court, serve
  upon respondent and file with the court an amended bill of  particulars.
  At  any  time  during  the fact-finding hearing, upon application of the
  presentment agency and with notice to the respondent and an  opportunity
  for  him  to  be  heard,  the  court  must,  upon  finding that no undue
  prejudice will accrue to respondent and that the presentment agency  has
  acted  in good faith, permit the presentment agency to amend the bill of
  particulars. Upon any amendment of the bill of  particulars,  the  court
  must,  upon  application  of  respondent,  order  an  adjournment of the
  fact-finding hearing or any other action it deems appropriate which may,
  by reason of the amendment, be necessary to  accord  the  respondent  an
  adequate opportunity to defend.