S T A T E O F N E W Y O R K
________________________________________________________________________
1881
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
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Introduced by M. of A. CALHOUN, ALFANO, CROUCH, KOLB, TOWNSEND --
Multi-Sponsored by -- M. of A. BACALLES, BUTLER, CONTE, ERRIGO, FINCH,
MILLER, OAKS, SAYWARD, TEDISCO -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to preventing
the suppression of evidence where the police have acted in good faith
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 710.20 of the criminal procedure law, as amended by
chapter 8 of the laws of 1976, subdivision 2 as amended and subdivision
7 as added by chapter 744 of the laws of 1988, subdivision 3 as amended
by chapter 214 of the laws of 1982, subdivision 5 as amended by chapter
629 of the laws of 1998 and subdivision 6 as renumbered by chapter 481
of the laws of 1983, is amended to read as follows:
S 710.20 Motion to suppress evidence; in general; grounds for.
Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
er acquisition of evidence and has reasonable cause to believe that such
may be offered against him OR HER in a criminal action, or (b) claims
that improper identification testimony may be offered against him OR HER
in a criminal action, a court may, under circumstances prescribed in
this article, order that such evidence be suppressed or excluded upon
the ground that it:
1. Consists of tangible property obtained by means of an unlawful
search and seizure under circumstances precluding admissibility thereof
in a criminal action against such defendant; or
2. Consists of a record or potential testimony reciting or describing
declarations, conversations, or other communications overheard, inter-
cepted, accessed, or recorded by means of eavesdropping, or observations
made by means of video surveillance, obtained under circumstances
precluding admissibility thereof in a criminal action against such
defendant; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02219-01-9
A. 1881 2
3. Consists of a record or potential testimony reciting or describing
a statement of such defendant involuntarily made, within the meaning of
section 60.45; or
4. Was obtained as a result of other evidence obtained in a manner
described in subdivisions one, two and three; or
5. Consists of a chemical test of the defendant's blood administered
in violation of the provisions of subdivision three of section eleven
hundred ninety-four of the vehicle and traffic law, subdivision eight of
section forty-nine-a of the navigation law, subdivision seven of section
25.24 of the parks, recreation and historic preservation law, or any
other applicable law; or
6. Consists of potential testimony regarding an observation of the
defendant either at the time or place of the commission of the offense
or upon some other occasion relevant to the case, which potential testi-
mony would not be admissible upon the prospective trial of such charge
owing to an improperly made previous identification of the defendant by
the prospective witness[.]; OR
7. Consists of information obtained by means of a pen register or trap
and trace device installed or used in violation of the provisions of
article seven hundred five of this chapter.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EVIDENCE SHALL NOT BE
SUPPRESSED IF THE COURT SHALL DETERMINE THAT SUCH EVIDENCE WAS OBTAINED
BY POLICE OFFICERS WHO WERE ACTING IN GOOD FAITH IN ATTEMPTING TO COMPLY
WITH THE LAW WHEN THEY OBTAINED SUCH EVIDENCE.
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.