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Assembly Bill A4322

2009-2010 Legislative Session

Provides that procedures for photographic identification of a defendant in a criminal case be videotaped for the identification to be used in evidence

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Archive: Last Bill Status - In Assembly Committee

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2009-A4322 (ACTIVE) - Details

See Senate Version of this Bill:
S1644
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง60.27, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1924
2013-2014: A3836
2015-2016: A3183
2017-2018: A2852

2009-A4322 (ACTIVE) - Summary

Provides that procedures for obtaining photographic identification of a defendant in a criminal case be videotaped in order for the identification to be used in evidence.

2009-A4322 (ACTIVE) - Bill Text download pdf 

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

    S. 1644                                                  A. 4322

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 3, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sen.  THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. PEOPLES -- Multi-Sponsored  by  --
  M.  of A. ALFANO, GOTTFRIED -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  requiring
  evidence of identification by photographic videotape

  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
section 60.27 to read as follows:
S 60.27 RULES  OF  EVIDENCE;  IDENTIFICATION  BY MEANS OF A PHOTOGRAPHIC
          ARRAY; VIDEOTAPE TO BE REQUIRED.
  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,  IN
ANY  CIRCUMSTANCE  WHERE EVIDENCE OF AN IDENTIFICATION OF A DEFENDANT BY
PHOTOGRAPHIC ARRAY WOULD BE OTHERWISE ADMISSIBLE IN EVIDENCE, SUCH IDEN-
TIFICATION SHALL NOT BE ADMISSIBLE  IN  EVIDENCE  UNLESS  PROOF  OF  THE
PROCEDURES  USED  IN  THE  IDENTIFICATION  IS  INTRODUCED  BY  VIDEOTAPE
EVIDENCE OF SUCH PROCEDURES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law and shall apply to any criminal action commenced after
such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02789-01-9

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