Assembly Bill A1881

2009-2010 Legislative Session

Provides that evidence shall not be suppressed if obtained by police while acting in good faith

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Sponsored By

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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2009-A1881 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง710.20, CP L
Versions Introduced in 2011-2012 Legislative Session:
A3443

2009-A1881 (ACTIVE) - Summary

Provides that 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 such evidence was obtained.

2009-A1881 (ACTIVE) - Bill Text download pdf 

                            
                    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
                               ___________

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

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