senate Bill S1267

2013-2014 Legislative Session

Creates new law on recording interrogations

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 29, 2014 defeated in codes
Mar 10, 2014 notice of committee consideration - requested
Jan 08, 2014 referred to codes
Apr 22, 2013 held in committee
Mar 11, 2013 notice of committee consideration - requested
Jan 09, 2013 referred to codes

Votes

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Apr 29, 2014 - Codes committee Vote

S1267
4
10
committee
4
Aye
10
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Apr 29, 2014

aye wr (2)

Co-Sponsors

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S1267 - Details

See Assembly Version of this Bill:
A4721
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.47, amd §§710.20 & 710.30, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1400, A1373
2009-2010: A5213, S7877, A5213A

S1267 - 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.

S1267 - Sponsor Memo

S1267 - Bill Text download pdf

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

                                  1267

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. PERKINS, KRUEGER -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02707-01-3

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