senate Bill S1377

2011-2012 Legislative Session

Requires all interrogations to be videotaped

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 07, 2011 referred to codes

Co-Sponsors

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S1377 - Bill Details

See Assembly Version of this Bill:
A5922
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 66 ยง66.10, CP L
Versions Introduced in 2009-2010 Legislative Session:
S1082, A513

S1377 - Bill Texts

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Requires all interrogations to be videotaped.

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BILL NUMBER:S1377

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to videotaping
interrogations

PURPOSE:
To amend the criminal procedure law, in relation to
videotaping interrogations.

SUMMARY OF PROVISIONS:
Requires that all interrogations of suspects in
police custody be recorded in their entirety.

EXISTING LAW:
New bill.

JUSTIFICATION:
Among many instances in the past including the case of
the Central Park 5 (5 young men accused of raping a jogger in Central
Park who were later exonerated by DNA evidence and a confession from
the real rapist) recent findings report that New York State has had 23
wrongful convictions overturned through DNA evidence, 10 of which
innocent people falsely confessed to. Though even one case is too
many, considering how few cases involve DNA it is a safe assumption
that these 10 cases only represent a fraction of the overall number
of cases of wrongful convictions based on false confessions. Therefore
any measure to improve the integrity of confessions and protect the
accused as well as the police should be taken. Just taping
confessions does not show what steps led up to the confession made.
Videotaping interrogations in their entirety from beginning to end will
allow better insight as to how the confession was brought about from
point A to point B. This will help reduce the number of wrongful
convictions which is not only helpful to those who are wrongly
accused but also helps to increase public safety. In cases where the
wrong person is behind bars, the actual criminal is still out
committing crimes which puts us all at risk.

LEGISLATIVE HISTORY:
2010: Referred to Codes (S.1082)
2009: Referred to Codes (S.1082)
2008: Referred to Codes (S.6520)
2007: Referred to Rules (S.6520)

FISCAL IMPLICATIONS:
Unable to be determined at this time.

LOCAL FISCAL IMPLICATIONS:
Unable to be determined at this time.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1377

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens. PERKINS, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER,
  SMITH -- 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 videotaping
  interrogations

  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 arti-
cle 66 to read as follows:
                               ARTICLE 66
                       VIDEOTAPING INTERROGATIONS
SECTION 66.10. VIDEOTAPING INTERROGATIONS.
S 66.10 VIDEOTAPING INTERROGATIONS.
  1.  ALL  INTERROGATIONS  OF  SUSPECTS,  IN  POLICE  CUSTODY,  SHALL BE
RECORDED, IN THEIR ENTIRETY, ON  VIDEOTAPE  OF  REASONABLE  CLARITY  AND
AUDIBILITY.  THEREAFTER,  THE VIDEOTAPES SHALL BE SEALED, WHEREUPON SUCH
VIDEOTAPES SHALL BE UNSEALED AND MADE  AVAILABLE  ONLY  WHERE  THEY  ARE
REQUIRED  FOR  PRODUCTION  FOR TRIAL, EVIDENTIARY PURPOSES, OR WHERE THE
INDIVIDUAL WHO IS THE SUBJECT OF THE VIDEOTAPE, OR HIS OR HER  REPRESEN-
TATIVE,  REQUESTS SUCH TAPE. ALL SEALED VIDEOTAPES REPRESENTING INTERRO-
GATIONS SHALL BE PRESERVED FOR AT LEAST TEN YEARS IN SUCH A MANNER AS TO
MAINTAIN THE CLARITY AND AUDIBILITY OF THE VIDEOTAPE.
  2. THE INTRODUCTION INTO EVIDENCE OF THE CONFESSION OF A SUSPECT, MADE
TO A LAW ENFORCEMENT OFFICER DURING THE INTERROGATION PROCESS AND  DOCU-
MENTED  ON  VIDEOTAPE,  SHALL  BE ACCOMPANIED BY THE CORROBORATING VIDE-
OTAPE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00998-01-1

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