Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 28, 2009 |
referred to codes |
Senate Bill S1334
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
2009-S1334 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§60.25, 60.30, 710.20 & 710.30, CP L; amd §§343.3 & 343.4, Fam Ct Act
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1999
2013-2014: S4790
2009-S1334 (ACTIVE) - Summary
Relates to rules of evidence for identification by means of previous recognition; provides that in any criminal or juvenile delinquency proceeding in which the defendant's or respondent's commission of an offense is at issue, testimony may be given by a witness when such witness observed a pictorial, photographic, electronic, filmed or videotaped reproduction of a person whom he or she recognized as the same person he or she had observed on a previous incriminating occasion.
2009-S1334 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1334 TITLE OF BILL : An act to amend the criminal procedure law and the family court act, in relation to evidence of identification PURPOSE : To permit witnesses to testify regarding out-of-court identifications of defendants made by means of pictorial, photographic, electronic, filmed or videotaped reproductions of such defendants. SUMMARY OF PROVISIONS : This bill amends the following sections of the Criminal Procedure Law dealing with the rules of evidence: 60.25 (a)(1); 60.30; 710.20(6) and 710.30(1). This bill also amends the corresponding sections of the Family Court Act dealing with the rules of evidence with regard to juveniles, which are as follows: 343.3; and 343.4. These amendments add provisions to allow identification of defendants by pictorial, photographic, electronic, filmed or videotaped reproduction. JUSTIFICATION : New York is alone in prohibiting the admission of evidence of an out-of-court identification conducted by other than corporeal means. An identification by photo array, no matter how fairly conducted, is inadmissible as part of the prosecution's case-in-chief. It is the
2009-S1334 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1334 2009-2010 Regular Sessions I N S E N A T E January 28, 2009 ___________ Introduced by Sen. SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the family court act, in relation to evidence of identification THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 60.25 of the criminal procedure law, subparagraph (ii) of paragraph (a) of subdivision 1 as amended by chapter 479 of the laws of 1977, is amended to read as follows: S 60.25 Rules of evidence; identification by means of previous recogni- tion, in absence of present identification. 1. In any criminal proceeding in which the defendant's commission of an offense is in issue, testimony as provided in subdivision two may be given by a witness when: (a) Such witness testifies that: (i) He OR SHE 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 (ii) On a subsequent occasion he OR SHE observed, under circumstances consistent with such rights as an accused person may derive under the constitution of this state or of the United States, a person OR A PICTO- RIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEOTAPED REPRODUCTION OF A PERSON whom he OR SHE recognized as the same person whom he OR SHE had observed on the first or incriminating occasion; and (iii) He OR SHE is unable at the proceeding to state, on the basis of present recollection, whether or not the defendant is the person in question; and (b) It is established that the defendant is in fact the person whom the witness observed and recognized OR WHOSE PICTORIAL, PHOTOGRAPHIC, ELECTRONIC, FILMED OR VIDEOTAPED REPRODUCTION THE WITNESS OBSERVED AND RECOGNIZED on the second occasion. Such fact may be established by EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03387-01-9
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