Senate Bill S4758

2009-2010 Legislative Session

Requires police identification line-ups to be conducted sequentially

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S4758 (ACTIVE) - Details

See Assembly Version of this Bill:
A512
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §240.40, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1274, A5917
2013-2014: S826, A173
2015-2016: S1538, A5789
2017-2018: S3245, A8549

2009-S4758 (ACTIVE) - Summary

Requires police identification line-ups to be conducted sequentially, with defendants appearing one at a time.

2009-S4758 (ACTIVE) - Sponsor Memo

2009-S4758 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4758

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  requiring  a
  police identification line-up to be conducted sequentially

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 2 of  section  240.40  of  the
criminal  procedure law, as added by chapter 412 of the laws of 1979, is
amended to read as follows:
  (b) may order the defendant to provide non-testimonial evidence.  Such
order may, among other things, require the defendant to:
  (i) Appear in a SEQUENTIAL line-up, ONE DEFENDANT AT A TIME;
  (ii) Speak for identification by witness or potential witness;
  (iii) Be fingerprinted;
  (iv) Pose for photographs not involving reenactment of an event;
  (v)  Permit  the  taking  of samples of blood, hair or other materials
from his body in a manner not involving an unreasonable intrusion there-
of or a risk of serious physical injury thereto;
  (vi) Provide specimens of his handwriting;
  (vii) Submit to a reasonable physical or  medical  inspection  of  his
body.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00894-01-9


              

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