|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Jan 06, 2011||referred to codes|
senate Bill S1229
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1229 - Details
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
BILL NUMBER:S1229 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the regulation of the use of informants PURPOSE OR GENERAL IDEA OF BILL: To introduce more transparency, uniformity and formality into law enforcement's use of informants. To protect society from the troubling side effects of this largely unregulated practice. SUMMARY OF SPECIFIC PROVISIONS: Compiles annual statistics about law enforcement use of informants to assist with judicial and legislative oversight. Provides defendants and their attorneys with vital information about informants offering testimony against them through full disclosure, reliability hearings and depositions. Places limits on who can be turned into an informant. JUSTIFICATION: This bill is designed to provide guidelines, and to allow for more legislative, judicial and public scrutiny over the practice of using
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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