senate Bill S1255

Requires all interrogations to be videotaped

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 03 / Feb / 2014
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Requires all interrogations to be videotaped.

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Bill Details

Versions:
S1255
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 66 ยง66.10, CP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1377
2009-2010: S1082

Sponsor Memo

BILL NUMBER:S1255

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to videotaping interrogations

PURPOSE:
To amend the criminal procedure law, in relation to videotaping
interrogations.

SUMMARY OF PROVISIONS:
Requires that all interrogations of suspects in police custody be
recorded in their entirety.

EXISTING LAW:
New bill.

JUSTIFICATION:
Among many instances in the past including the case of the Central
Park 5 (5 young men accused of raping a jogger in Central Park who
were later exonerated by DNA evidence and a confession from the real
rapist) recent findings report that New York State has had 23 wrongful
convictions overturned through DNA evidence, 10 of which innocent
people falsely confessed to. Though even one case is too many,
considering how few cases involve DNA it is a safe assumption that
these 10 cases only represent a fraction of the overall number of
cases of wrongful convictions based on false confessions. Therefore
any measure to improve the integrity of confessions and protect the
accused as well as the police should be taken. Just taping confessions
does not show what steps led up to the confession made. Videotaping
interrogations in their entirety from beginning to end will allow
better insight as to how the confession was brought about from point A
to point B. This will help reduce the number of wrongful convictions
which is not only helpful to those who are wrongly accused but also
helps to increase public safety. In cases where the wrong person is
behind bars, the actual criminal is still out committing crimes which
puts us all at risk.

LEGISLATIVE HISTORY:
2012: Referred to Codes (S.1377)
2011: Referred to Codes (S.1377)
2010: Referred to Codes (S.1082)
2009: Referred to Codes (S.1082)
2008: Referred to Codes (S.6520)
2007: Referred to Rules (S.6520)

FISCAL IMPLICATIONS:
Unable to be determined at this time.

LOCAL FISCAL IMPLICATIONS:
Unable to be determined at this time.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  1255

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. PERKINS, HASSELL-THOMPSON, KRUEGER, PARKER, SMITH --
  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  videotaping
  interrogations

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

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 66 to read as follows:
                               ARTICLE 66
                       VIDEOTAPING INTERROGATIONS
SECTION 66.10. VIDEOTAPING INTERROGATIONS.
S 66.10 VIDEOTAPING INTERROGATIONS.
  1. ALL  INTERROGATIONS  OF  SUSPECTS,  IN  POLICE  CUSTODY,  SHALL  BE
RECORDED,  IN  THEIR  ENTIRETY,  ON  VIDEOTAPE OF REASONABLE CLARITY AND
AUDIBILITY. THEREAFTER, THE VIDEOTAPES SHALL BE SEALED,  WHEREUPON  SUCH
VIDEOTAPES  SHALL  BE  UNSEALED  AND  MADE AVAILABLE ONLY WHERE THEY ARE
REQUIRED FOR PRODUCTION FOR TRIAL, EVIDENTIARY PURPOSES,  OR  WHERE  THE
INDIVIDUAL  WHO IS THE SUBJECT OF THE VIDEOTAPE, OR HIS OR HER REPRESEN-
TATIVE, REQUESTS SUCH TAPE. ALL SEALED VIDEOTAPES REPRESENTING  INTERRO-
GATIONS SHALL BE PRESERVED FOR AT LEAST TEN YEARS IN SUCH A MANNER AS TO
MAINTAIN THE CLARITY AND AUDIBILITY OF THE VIDEOTAPE.
  2. THE INTRODUCTION INTO EVIDENCE OF THE CONFESSION OF A SUSPECT, MADE
TO  A LAW ENFORCEMENT OFFICER DURING THE INTERROGATION PROCESS AND DOCU-
MENTED ON VIDEOTAPE, SHALL BE ACCOMPANIED  BY  THE  CORROBORATING  VIDE-
OTAPE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02693-01-3

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