senate Bill S1999

2011-2012 Legislative Session

Authorizes introduction of evidence in criminal trial or juvenile delinquency case of subsequent identification of defendant based on a photograph or video image

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2012 referred to judiciary
delivered to assembly
passed senate
Jan 30, 2012 advanced to third reading
Jan 24, 2012 2nd report cal.
Jan 23, 2012 1st report cal.102
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Mar 07, 2011 referred to codes
delivered to assembly
passed senate
Mar 03, 2011 advanced to third reading
Mar 02, 2011 2nd report cal.
Mar 01, 2011 1st report cal.113
Jan 14, 2011 referred to codes

Votes

view votes

Jan 23, 2012 - Codes committee Vote

S1999
13
2
committee
13
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 23, 2012

nay (2)
aye wr (1)

Mar 1, 2011 - Codes committee Vote

S1999
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 1, 2011

aye wr (1)
excused (1)

Co-Sponsors

S1999 - Details

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 2009-2010 Legislative Session:
S1334

S1999 - 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.

S1999 - Sponsor Memo

S1999 - Bill Text download pdf

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

                                  1999

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

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.
                                                           LBD06171-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.