senate Bill S4484A

2013-2014 Legislative Session

Relates to identifications by witnesses and the recording of interrogations

download bill text pdf

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jun 18, 2013 print number 4484a
amend (t) and recommit to codes
Apr 03, 2013 referred to codes

Co-Sponsors

S4484 - Details

See Assembly Version of this Bill:
A6800A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§60.25, 60.30, 710.20, 710.30, 60.45 & 710.70, CP L; amd §§343.3, 343.4 & 344.2, Fam Ct Act, amd §840, Exec L

S4484 - Summary

Relates to identifications by witnesses and providing for the video recording, videotaping or use of other appropriate video recording device of certain interrogations.

S4484 - Sponsor Memo

S4484 - Bill Text download pdf

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

                                  4484

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on Codes

AN ACT to amend the criminal procedure law and the family court act,  in
  relation  to  identifications  by witnesses and the video recording of
  interrogations

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

  Section  1.  Section 60.25 of the criminal procedure law, subparagraph
(ii) of paragraph (a) of subdivision 1 as amended by chapter 479 of  the
laws of 1977, is amended to read as follows:
S 60.25 Rules  of evidence; identification by means of previous recogni-
          tion, in absence of present identification.
  1. In any criminal proceeding in which the defendant's  commission  of
an offense is in issue, testimony as provided in subdivision two OF THIS
SECTION may be given by a witness when:
  (a) Such witness testifies that:
  (i)  He  OR  SHE  observed  the person claimed by the people to be the
defendant either at the time and place of the commission of the  offense
or upon some other occasion relevant to the case; and
  (ii)  On a subsequent occasion he OR SHE observed, under circumstances
consistent with such rights as an accused person may  derive  under  the
constitution  of  this  state or of the United States AND PURSUANT TO AN
IDENTIFICATION PROCEDURE SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION,
a person OR A  PICTORIAL,  PHOTOGRAPHIC,  ELECTRONIC,  FILMED  OR  VIDEO
RECORDED  REPRODUCTION OF A PERSON whom he OR SHE recognized as the same
person whom he OR SHE had observed on the first or  incriminating  occa-
sion; and
  (iii)  He OR SHE is unable at the proceeding to state, on the basis of
present recollection, whether or not the  defendant  is  the  person  in
question; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08982-01-3

Co-Sponsors

S4484A (ACTIVE) - Details

See Assembly Version of this Bill:
A6800A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§60.25, 60.30, 710.20, 710.30, 60.45 & 710.70, CP L; amd §§343.3, 343.4 & 344.2, Fam Ct Act, amd §840, Exec L

S4484A (ACTIVE) - Summary

Relates to identifications by witnesses and providing for the video recording, videotaping or use of other appropriate video recording device of certain interrogations.

S4484A (ACTIVE) - Sponsor Memo

S4484A (ACTIVE) - Bill Text download pdf

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

                                 4484--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sens.  NOZZOLIO,  HASSELL-THOMPSON -- (at request of the
  Office of Court Administration) -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the criminal procedure law, the executive law and the
  family court act, in relation to identifications by witnesses and  the
  video recording of interrogations

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

  Section 1. Section 60.25 of the criminal procedure  law,  subparagraph
(ii)  of paragraph (a) of subdivision 1 as amended by chapter 479 of the
laws of 1977, is amended to read as follows:
S 60.25 Rules of evidence; identification by means of previous  recogni-
          tion, in absence of present identification.
  1.  In  any criminal proceeding in which the defendant's commission of
an offense is in issue, testimony as provided in subdivision two OF THIS
SECTION may be given by a witness when:
  (a) Such witness testifies that:
  (i) He OR SHE observed the person claimed by  the  people  to  be  the
defendant  either at the time and place of the commission of the offense
or upon some other occasion relevant to the case; and
  (ii) On a subsequent occasion he OR SHE observed, under  circumstances
consistent  with  such  rights as an accused person may derive under the
constitution of this state or of the United States, a person  OR,  WHERE
THE  OBSERVATION  IS  MADE  PURSUANT  TO  AN IDENTIFICATION PROCEDURE AS
DEFINED IN THIS SECTION, A PICTORIAL, PHOTOGRAPHIC,  ELECTRONIC,  FILMED
OR  VIDEO RECORDED REPRODUCTION OF A PERSON whom he OR SHE recognized as
the same person whom he OR SHE had observed on the first or  incriminat-
ing occasion; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08982-02-3

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