Senate Bill S1999

2011-2012 Legislative Session

Authorizes introduction of evidence in criminal trial or juvenile delinquency case of subsequent identification of defendant based on a photograph or video image

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Archive: Last Bill Status - In Assembly 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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2011-S1999 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§60.25, 60.30, 710.20 & 710.30, CP L; amd §§343.3 & 343.4, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: S1334
2013-2014: S4790

2011-S1999 (ACTIVE) - Summary

Relates to rules of evidence for identification by means of previous recognition; provides that in any criminal or juvenile delinquency proceeding in which the defendant's or respondent's commission of an offense is at issue, testimony may be given by a witness when such witness observed a pictorial, photographic, electronic, filmed or videotaped reproduction of a person whom he or she recognized as the same person he or she had observed on a previous incriminating occasion.

2011-S1999 (ACTIVE) - Sponsor Memo

2011-S1999 (ACTIVE) - Bill Text download pdf

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

                                  1999

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

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

AN ACT to amend the criminal procedure law and the family court act,  in
  relation to evidence of identification

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

  Section 1. Section 60.25 of the criminal procedure  law,  subparagraph
(ii)  of paragraph (a) of subdivision 1 as amended by chapter 479 of the
laws of 1977, is amended to read as follows:
S 60.25 Rules of evidence; identification by means of previous  recogni-
          tion, in absence of present identification.
  1.  In  any criminal proceeding in which the defendant's commission of
an offense is in issue, testimony as provided in subdivision two may  be
given by a witness when:
  (a) Such witness testifies that:
  (i)  He  OR  SHE  observed  the person claimed by the people to be the
defendant either at the time and place of the commission of the  offense
or upon some other occasion relevant to the case; and
  (ii)  On a subsequent occasion he OR SHE observed, under circumstances
consistent with such rights as an accused person may  derive  under  the
constitution of this state or of the United States, a person OR A PICTO-
RIAL,  PHOTOGRAPHIC,  ELECTRONIC, FILMED OR VIDEOTAPED REPRODUCTION OF A
PERSON whom he OR SHE recognized as the same person whom he OR  SHE  had
observed on the first or incriminating occasion; and
  (iii)  He OR SHE is unable at the proceeding to state, on the basis of
present recollection, whether or not the  defendant  is  the  person  in
question; and
  (b)  It  is  established that the defendant is in fact the person whom
the witness observed and recognized OR  WHOSE  PICTORIAL,  PHOTOGRAPHIC,
ELECTRONIC,  FILMED  OR VIDEOTAPED REPRODUCTION THE WITNESS OBSERVED AND
RECOGNIZED on the second occasion.   Such fact  may  be  established  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06171-01-1
              

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