Assembly Bill A3443

2011-2012 Legislative Session

Provides that evidence shall not be suppressed if obtained by police while acting in good faith

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2011-A3443 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง710.20, CP L
Versions Introduced in 2009-2010 Legislative Session:
A1881

2011-A3443 (ACTIVE) - Summary

Provides that evidence shall not be suppressed if the court shall determine that such evidence was obtained by police officers who were acting in good faith in attempting to comply with the law when such evidence was obtained.

2011-A3443 (ACTIVE) - Bill Text download pdf 

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

                                  3443

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced by M. of A. CALHOUN, CROUCH, KOLB -- Multi-Sponsored by -- M.
  of  A. BUTLER, CONTE, FINCH, J. MILLER, OAKS, SAYWARD, TEDISCO -- read
  once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in  relation  to  preventing
  the suppression of evidence where the police have acted in good faith

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 710.20 of the criminal procedure law, as amended by
chapter 8 of the laws of 1976, subdivision 2 as amended and  subdivision
7  as added by chapter 744 of the laws of 1988, subdivision 3 as amended
by chapter 214 of the laws of 1982, subdivision 5 as amended by  chapter
629  of  the laws of 1998 and subdivision 6 as renumbered by chapter 481
of the laws of 1983, is amended to read as follows:
S 710.20  Motion to suppress evidence; in general; grounds for.
  Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
er acquisition of evidence and has reasonable cause to believe that such
may be offered against him OR HER in a criminal action,  or  (b)  claims
that improper identification testimony may be offered against him OR HER
in  a  criminal  action,  a court may, under circumstances prescribed in
this article, order that such evidence be suppressed  or  excluded  upon
the ground that it:
  1. Consists  of  tangible  property  obtained  by means of an unlawful
search and seizure under circumstances precluding admissibility  thereof
in a criminal action against such defendant; or
  2. Consists  of a record or potential testimony reciting or describing
declarations, conversations, or other communications  overheard,  inter-
cepted, accessed, or recorded by means of eavesdropping, or observations
made  by  means  of  video  surveillance,  obtained  under circumstances
precluding admissibility thereof  in  a  criminal  action  against  such
defendant; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02831-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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