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

                                  2939

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to  amend the criminal procedure law, in relation to the use of
  live line-up identification procedures

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

  Section  1. Section 60.30 of the criminal procedure law, as amended by
chapter 479 of the laws of 1977, is amended to read as follows:
S 60.30 Rules of evidence; identification by means of previous  recogni-
          tion, in addition to present identification; PROHIBITION.
  [In]  1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, IN any
criminal proceeding in which the defendant's commission of an offense is
in issue, a witness who  testifies  that  (a)  he  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 (b) on the basis of present recollection, the defendant is
the person in question and (c) on a subsequent occasion he observed  the
defendant, under circumstances consistent with such rights as an accused
person  may derive under the constitution of this state or of the United
States, and then also recognized him as the  same  person  whom  he  had
observed  on  the  first  or incriminating occasion, may, in addition to
making an identification of the defendant at the criminal proceeding  on
the  basis of present recollection as the person whom he observed on the
first or incriminating occasion, also describe his previous  recognition
of  the  defendant  and testify that the person whom he observed on such
second occasion is the same person whom he had observed on the first  or
incriminating occasion.  Such testimony constitutes evidence in chief.
  2.  NOTWITHSTANDING  ANY  PROVISION OF LAW, RULE, REGULATION OR COMMON
LAW PRACTICE TO THE CONTRARY, IN ANY CRIMINAL PROCEEDING  IN  WHICH  THE
DEFENDANT'S  COMMISSION OF AN OFFENSE IS IN ISSUE, USE OF AN IDENTIFICA-
TION PROCEDURE DESCRIBED IN PARAGRAPH (C) OF  SUBDIVISION  ONE  OF  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05579-01-9
              

A. 2939                             2

SECTION  THAT ALSO CONSTITUTES A PROCEDURE KNOWN AS A LIVE LINE-UP IDEN-
TIFICATION PROCEDURE SHALL BE PROHIBITED.
  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.