senate Bill S2485

2013-2014 Legislative Session

Provides for the admissibility of recordings and logs of inmate calls made by the department of correction of the city of New York, as business records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 17, 2013 referred to judiciary

S2485 - Details

See Assembly Version of this Bill:
A6961
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4518, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S7041A, A10314

S2485 - Summary

Provides for the admissibility of recordings and logs of inmate calls made by the department of correction of the city of New York, as business records.

S2485 - Sponsor Memo

S2485 - Bill Text download pdf

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

                                  2485

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  admissibility  as  business records of recordings and logs made by the
  department of correction of the city of New York of  inmate  telephone
  calls

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

  Section 1. Rule 4518 of the civil practice law and rules is amended by
adding a new subdivision (h) to read as follows:
  (H) A RECORDING MADE BY THE DEPARTMENT OF CORRECTION OF  THE  CITY  OF
NEW YORK OF AN INMATE'S TELEPHONE CALL, OR A LOG MADE BY SUCH DEPARTMENT
CONTAINING  IDENTIFYING  INFORMATION ABOUT SUCH A CALL, SUCH AS THE TIME
OF THE CALL, TELEPHONE NUMBERS OF ORIGIN AND DESTINATION  OF  THE  CALL,
INMATE  IDENTIFICATION  NUMBER  USED  TO  PLACE THE CALL AND NAME OF THE
INMATE ASSOCIATED WITH SUCH  IDENTIFICATION  NUMBER,  IS  ADMISSIBLE  IN
EVIDENCE  UNDER THIS RULE WITHOUT FURTHER NEED FOR FOUNDATION TESTIMONY,
PROVIDED THAT THE RECORDING OR LOG IS ACCOMPANIED BY A CERTIFICATION  OR
AUTHENTICATION  BY A CUSTODIAN OF THE RECORDING OR LOG OR ANOTHER QUALI-
FIED PERSON FROM SUCH DEPARTMENT DESIGNATED FOR THAT  PURPOSE  THAT  THE
RECORDING  OR  LOG  WAS  MADE IN THE REGULAR COURSE OF SUCH DEPARTMENT'S
BUSINESS, AND THAT IT WAS THE REGULAR COURSE OF SUCH  BUSINESS  TO  MAKE
THE  RECORDING AT THE TIME OF THE INMATE'S TELEPHONE CALL OR TO MAKE THE
LOG AT THE TIME OF THE INMATE'S TELEPHONE CALL OR  WITHIN  A  REASONABLE
TIME  THEREAFTER.  PRIOR  TO  THE TRIAL OR HEARING, THE PARTY SEEKING TO
INTRODUCE THE RECORDING OR LOG INTO EVIDENCE SHALL  PROVIDE  AN  ADVERSE
PARTY  WITH REASONABLE WRITTEN NOTICE OF THE INTENT TO OFFER THE RECORD-
ING OR LOG AND SHALL MAKE THE RECORDING OR LOG AND THE CERTIFICATION  OR
AUTHENTICATION AVAILABLE FOR INSPECTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05565-01-3

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