senate Bill S1229

2011-2012 Legislative Session

Regulates the use of informants by the prosecuting attorney and law enforcement personnel

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 06, 2011 referred to codes

S1229 - Details

See Assembly Version of this Bill:
A437
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง60.77, CP L
Versions Introduced in 2009-2010 Legislative Session:
S6341, A3712

S1229 - Summary

Regulates the use of informants by the prosecuting attorney and law enforcement personnel; requires law enforcement personnel to submit an annual report to the department of state with statistical information relating to their use of informants.

S1229 - Sponsor Memo

S1229 - Bill Text download pdf

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

                                  1229

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

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

AN ACT to amend the criminal procedure law, in  relation  to  the  regu-
  lation of the use of informants

  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; USE OF CONFIDENTIAL INFORMANTS.
  1. WHENEVER A PROSECUTING ATTORNEY PLANS TO USE AN INFORMANT TO TESTI-
FY  AGAINST  A  DEFENDANT,  THE  ATTORNEY  FOR  SUCH  DEFENDANT SHALL BE
SUPPLIED WITH:
  A. THE COMPLETE CRIMINAL RECORD OF THE INFORMANT;
  B. ANY TESTIMONY OR INFORMATION THE  INFORMANT  HAS  PROVIDED  OR  HAS
PROMISED TO PROVIDE FOR ANY LEGAL ACTION;
  C.  ALL  STATEMENTS  MADE  BY  THE  INFORMANT ABOUT THE SPECIFIC LEGAL
ACTION IN QUESTION; AND
  D. ALL PROMISES, COMPROMISES, OR PROTECTIONS OFFERED BY THE  PROSECUT-
ING ATTORNEY TO THE INFORMANT IN EXCHANGE FOR HIS OR HER TESTIMONY. THIS
SHALL  ALSO INCLUDE ANY INFORMATION ABOUT CRIMES COMMITTED BY THE INFOR-
MANT FOR WHICH CHARGES WILL NOT BE BROUGHT IN EXCHANGE FOR  HIS  OR  HER
TESTIMONY.
  2.  THE  ATTORNEY  FOR THE DEFENDANT SHALL BE GIVEN THE OPPORTUNITY TO
DEPOSE THE INFORMANT PRIOR TO ENTERING INTO  ANY  PLEA  NEGOTIATIONS  OR
GOING TO TRIAL.
  3. UPON THE REQUEST OF THE ATTORNEY FOR THE DEFENDANT, THE JUDGE SHALL
GRANT A RELIABILITY HEARING, WHICH SHALL BE USED TO DETERMINE THE CREDI-
BILITY OF THE INFORMANT'S TESTIMONY. BOTH THE PROSECUTION AND THE ATTOR-
NEY  FOR  THE  DEFENDANT SHALL BE ENTITLED TO OFFER EVIDENCE RELATING TO
THE INFORMANT'S RELIABILITY. THE JUDGE, IN HIS OR  HER  OWN  DISCRETION,
SHALL  WEIGH  THE  EVIDENCE AND DETERMINE IF THE INFORMANT IS A RELIABLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01158-01-1

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