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 |
Senate Bill S1267
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
Votes
co-Sponsors
(D) Senate District
(D, WF) Senate District
(D, WF) 28th Senate District
(D) Senate District
2013-S1267 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4721
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §60.47, amd §§710.20 & 710.30, CP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S7877, A5213
2011-2012: S1400, A1373
2015-2016: S2419, A7063
2017-2018: S4791
2013-S1267 (ACTIVE) - 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.
2013-S1267 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1267 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
2013-S1267 (ACTIVE) - 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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