Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to codes |
Jun 18, 2013 |
print number 4484a |
Jun 18, 2013 |
amend (t) and recommit to codes |
Apr 03, 2013 |
referred to codes |
Senate Bill S4484A
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Bill Amendments
co-Sponsors
(D, WF) Senate District
2013-S4484 - Details
- See Assembly Version of this Bill:
- A6800
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§60.25, 60.30, 710.20, 710.30, 60.45 & 710.70, CP L; amd §§343.3, 343.4 & 344.2, Fam Ct Act, amd §840, Exec L
- Versions Introduced in 2015-2016 Legislative Session:
-
S5165, A7029
2013-S4484 - Sponsor Memo
BILL NUMBER:S4484 TITLE OF BILL: An act to amend the criminal procedure law and the family court act, in relation to identifications by witnesses and the video recording of interrogations This measure is one in a series of proposals being introduced at the request of the Chief Judge of the State, upon recommendation of the New York State Justice Task Force, to enhance the accuracy of criminal investigations. This measure proposes a series of important reforms that include: (1) authorization for admission into evidence of pretrial identifications of the defendant under certain controlled circumstances; and (2) requirement that custodial interrogations of suspects with respect to enumerated A-1 and class B violent felonies be video recorded. The Chief Judge commissioned the Justice Task Force in 2009 to "eradicate the systemic and individual harms caused by wrongful convictions, and to promote public safety by examining the causes of wrongful convictions and recommending reforms to safeguard against any such convictions in the future." Co-chaired by a Judge of the Court of Appeals and the current President of the New York State District Attorneys Association, with bipartisan representation from both Houses of the Legislature, the Executive Branch, police agencies, the Bar, appellate and trial judges, academicians and victim rights' advocates, the Justice Task Force has worked to develop a balanced and practical
2013-S4484 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4484 2013-2014 Regular Sessions I N S E N A T E April 3, 2013 ___________ Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin- istration) -- 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 identifications by witnesses and the video recording of interrogations 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 OF THIS SECTION 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 AND PURSUANT TO AN IDENTIFICATION PROCEDURE SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, a person OR A PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION OF A PERSON whom he OR SHE recognized as the same person whom he OR SHE had observed on the first or incriminating occa- sion; 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08982-01-3
co-Sponsors
(D, WF) Senate District
(R, C, IP) Senate District
2013-S4484A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6800
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§60.25, 60.30, 710.20, 710.30, 60.45 & 710.70, CP L; amd §§343.3, 343.4 & 344.2, Fam Ct Act, amd §840, Exec L
- Versions Introduced in 2015-2016 Legislative Session:
-
S5165, A7029
2013-S4484A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4484A TITLE OF BILL: An act to amend the criminal procedure law, the executive law and the family court act, in relation to identifications by witnesses and the video recording of interrogations This measure is one in a series of proposals being introduced at the request of the Chief Judge of the State, upon recommendation of the New York State Justice Task Force, to enhance the accuracy of criminal investigations. This measure proposes a series of important reforms that include: (1) authorization for admission into evidence of pretrial identifications of the defendant under certain controlled circumstances; and (2) requirement that custodial interrogations of suspects with respect to enumerated A-1 and class B violent felonies be video recorded. The Chief Judge commissioned the justice Task Force in 2009 to "eradicate the systemic and individual harms caused by wrongful convictions, and to promote public safety by examining the causes of wrongful convictions and recommending reforms to safeguard against any such convictions in the future." Co-chaired by a Judge of the Court of Appeals and the current President of the New York State District Attorneys Association, with bipartisan representation from both Houses of the Legislature, the Executive Branch, police agencies, the Bar, appellate and trial judges, academicians and victim rights' advocates, the Justice Task Force has worked to develop a balanced and practical
2013-S4484A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4484--A 2013-2014 Regular Sessions I N S E N A T E April 3, 2013 ___________ Introduced by Sens. NOZZOLIO, HASSELL-THOMPSON -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, the executive law and the family court act, in relation to identifications by witnesses and the video recording of interrogations 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 OF THIS SECTION 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, WHERE THE OBSERVATION IS MADE PURSUANT TO AN IDENTIFICATION PROCEDURE AS DEFINED IN THIS SECTION, A PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEO RECORDED REPRODUCTION OF A PERSON whom he OR SHE recognized as the same person whom he OR SHE had observed on the first or incriminat- ing occasion; and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08982-02-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.