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Assembly Bill A5505

2009-2010 Legislative Session

Provides that statements of defendants in custody must be electronically recorded in order to be admitted in evidence

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Archive: Last Bill Status - In Assembly Committee

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2009-A5505 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง60.77, CP L

2009-A5505 (ACTIVE) - Summary

Provides that statements of defendants in custody must be electronically recorded in order to be admitted in evidence.

2009-A5505 (ACTIVE) - Bill Text download pdf 

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

                                  5505

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

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

AN ACT to amend the criminal procedure law,  in  relation  to  requiring
  that  a  statement  of  a  defendant may not be admitted into evidence
  unless he or she was given the opportunity to have the statement elec-
  tronically recorded

  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 60.77 to read as follows:

S 60.77 RULES OF EVIDENCE; STATEMENTS OF DEFENDANTS TO BE ELECTRONICALLY
          RECORDED.
  1. EVIDENCE OF A CONFESSION, ADMISSION OR OTHER STATEMENT BY A DEFEND-
ANT, IN CUSTODY, WITH RESPECT TO HIS OR HER PARTICIPATION IN THE OFFENSE
CHARGED MAY NOT BE RECEIVED IN EVIDENCE AGAINST HIM OR HER IN A CRIMINAL
PROCEEDING UNLESS THE DEFENDANT WAS GIVEN THE OPPORTUNITY  TO  HAVE  THE
CONFESSION,  ADMISSION  OR  OTHER  STATEMENT  RECORDED  BY AN ELECTRONIC
RECORDING DEVICE.
  2. A DEFENDANT IN CUSTODY MAY WAIVE THE  RIGHT  TO  HAVE  HIS  OR  HER
CONFESSION,  ADMISSION  OR OTHER STATEMENT ELECTRONICALLY RECORDED IF HE
OR SHE KNOWINGLY DOES SO IN CUSTODY.
  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08782-01-9

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