senate Bill S25

2013-2014 Legislative Session

Regulates the use of informants by the prosecuting attorney and law enforcement personnel

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S25 - Details

See Assembly Version of this Bill:
A3097
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง60.77, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1229, A437
2009-2010: S6341, A3712

S25 - Summary

Regulates the use of informants by the prosecuting attorney and law enforcement personnel; requires law enforcement personnel to submit an annual report to the department of state with statistical information relating to their use of informants.

S25 - Sponsor Memo

S25 - Bill Text download pdf

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

                                   25

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 regu-
  lation of the use of informants

  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 60.77 to read as follows:
S 60.77 RULES OF EVIDENCE; USE OF CONFIDENTIAL INFORMANTS.
  1. WHENEVER A PROSECUTING ATTORNEY PLANS TO USE AN INFORMANT TO TESTI-
FY AGAINST A  DEFENDANT,  THE  ATTORNEY  FOR  SUCH  DEFENDANT  SHALL  BE
SUPPLIED WITH:
  A. THE COMPLETE CRIMINAL RECORD OF THE INFORMANT;
  B.  ANY  TESTIMONY  OR  INFORMATION  THE INFORMANT HAS PROVIDED OR HAS
PROMISED TO PROVIDE FOR ANY LEGAL ACTION;
  C. ALL STATEMENTS MADE BY  THE  INFORMANT  ABOUT  THE  SPECIFIC  LEGAL
ACTION IN QUESTION; AND
  D.  ALL PROMISES, COMPROMISES, OR PROTECTIONS OFFERED BY THE PROSECUT-
ING ATTORNEY TO THE INFORMANT IN EXCHANGE FOR HIS OR HER TESTIMONY. THIS
SHALL ALSO INCLUDE ANY INFORMATION ABOUT CRIMES COMMITTED BY THE  INFOR-
MANT  FOR  WHICH  CHARGES WILL NOT BE BROUGHT IN EXCHANGE FOR HIS OR HER
TESTIMONY.
  2. THE ATTORNEY FOR THE DEFENDANT SHALL BE GIVEN  THE  OPPORTUNITY  TO
DEPOSE  THE  INFORMANT  PRIOR  TO ENTERING INTO ANY PLEA NEGOTIATIONS OR
GOING TO TRIAL.
  3. UPON THE REQUEST OF THE ATTORNEY FOR THE DEFENDANT, THE JUDGE SHALL
GRANT A RELIABILITY HEARING, WHICH SHALL BE USED TO DETERMINE THE CREDI-
BILITY OF THE INFORMANT'S TESTIMONY. BOTH THE PROSECUTION AND THE ATTOR-
NEY FOR THE DEFENDANT SHALL BE ENTITLED TO OFFER  EVIDENCE  RELATING  TO
THE  INFORMANT'S  RELIABILITY.  THE JUDGE, IN HIS OR HER OWN DISCRETION,

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

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