|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 12, 2012||committee discharged and committed to rules|
|Mar 08, 2012||notice of committee consideration - requested|
|Jan 04, 2012||referred to codes|
|Jan 07, 2011||referred to codes|
senate Bill S1400
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1400 - Details
S1400 - Summary
Provides that, as a general rule, any statement made during a custodial interrogation is inadmissible unless such interrogation was electronically recorded; provides exceptions as to when a statement will be admissible even if the custodial interrogation was not recorded.
S1400 - Sponsor Memo
BILL NUMBER:S1400 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the electronic recording of interrogations PURPOSE: The purpose of this act is to require the creation of an electronic record of an entire custodial interrogation in order to eliminate disputes in court as to what actually occurred during the interrogation, thereby improving prosecution of the guilty while affording protection to the innocent. SUMMARY OF PROVISIONS: Section 1 of the bill adds §60.47 to the Criminal Procedure Law. This act will require the electronic recording of all custodial interrogations at places of detention. If a recording is not made of the interrogation, then any statements by the accused are presumed inadmissible as evidence in any criminal proceeding charging a felony offense. Section 2 of the bill provides for suppression of evidence obtained in violation of the new section §60.47. Section 3 of the bill provides that if the prosecution intends to
S1400 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1400 2011-2012 Regular Sessions I N S E N A T E January 7, 2011 ___________ Introduced by Sen. PERKINS -- 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 electron- ic recording of 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 section 60.47 to read as follows: S 60.47 RULES OF EVIDENCE; ELECTRONIC RECORDING OF STATEMENTS OF DEFEND- ANTS. 1. DEFINITIONS. AS USED IN THIS SECTION: (A) "ELECTRONIC RECORDING" MEANS A CONTEMPORANEOUS VIDEO AND AUDIO RECORDING, OR WHERE VIDEO RECORDING IS IMPRACTICABLE, A CONTEMPORANEOUS AUDIO RECORDING. (B) "CUSTODIAL INTERROGATION" MEANS ANY QUESTIONING WHICH IS CONDUCTED IN A PLACE OF DETENTION OR DURING WHICH A REASONABLE PERSON IN THE SUBJECT'S POSITION WOULD CONSIDER HIMSELF OR HERSELF TO BE IN CUSTODY. (C) "PLACE OF DETENTION" MEANS A POLICE STATION, CORRECTIONAL FACILI- TY, HOLDING FACILITY FOR PRISONERS, PROSECUTOR'S OFFICE, OR OTHER GOVERNMENT FACILITY WHERE PERSONS ARE HELD IN DETENTION IN CONNECTION WITH CRIMINAL CHARGES WHICH HAVE BEEN OR MAY BE FILED AGAINST THEM. 2. DURING THE PROSECUTION OF A FELONY, AN ORAL, WRITTEN, OR SIGN LANGUAGE STATEMENT OF A DEFENDANT MADE DURING A CUSTODIAL INTERROGATION SHALL BE PRESUMED INADMISSIBLE AS EVIDENCE AGAINST A DEFENDANT IN A CRIMINAL PROCEEDING UNLESS AN ELECTRONIC RECORDING IS MADE OF THE CUSTO- DIAL INTERROGATION IN ITS ENTIRETY, INCLUDING ANY ADMINISTRATION AND WAIVER, OR INVOCATION OF RIGHTS, THE RECORDING IS SUBSTANTIALLY ACCURATE AND NOT INTENTIONALLY ALTERED, AND ALL INDIVIDUALS WHO SPEAK DURING THE INTERROGATION ARE IDENTIFIED BY NAME ON THE RECORDING. 3. IF THE COURT FINDS THAT THE DEFENDANT WAS SUBJECTED TO A CUSTODIAL INTERROGATION IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION, THEN ANY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03670-01-1
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