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
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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