senate Bill S4790

2013-2014 Legislative Session

Authorizes introduction of evidence in criminal trial or juvenile delinquency case of subsequent identification of defendant based on a photograph or video image

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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
returned to senate
died in assembly
May 22, 2013 referred to codes
delivered to assembly
passed senate
May 21, 2013 advanced to third reading
May 20, 2013 2nd report cal.
May 08, 2013 1st report cal.613
Apr 24, 2013 referred to codes

Votes

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Co-Sponsors

S4790 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§60.25, 60.30, 710.20 & 710.30, CP L; amd §§343.3 & 343.4, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1999
2009-2010: S1334

S4790 - Summary

Relates to rules of evidence for identification by means of previous recognition; provides that in any criminal or juvenile delinquency proceeding in which the defendant's or respondent's commission of an offense is at issue, testimony may be given by a witness when such witness observed a pictorial, photographic, electronic, filmed or videotaped reproduction of a person whom he or she recognized as the same person he or she had observed on a previous incriminating occasion.

S4790 - Sponsor Memo

S4790 - Bill Text download pdf

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

                                  4790

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- 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 evidence of identification

  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 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 A PICTO-
RIAL,  PHOTOGRAPHIC,  ELECTRONIC, FILMED OR VIDEOTAPED REPRODUCTION OF A
PERSON whom he OR SHE recognized as the same person whom he OR  SHE  had
observed on the first or incriminating occasion; 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
  (b)  It  is  established that the defendant is in fact the person whom
the witness observed and recognized OR  WHOSE  PICTORIAL,  PHOTOGRAPHIC,
ELECTRONIC,  FILMED  OR VIDEOTAPED REPRODUCTION THE WITNESS OBSERVED AND
RECOGNIZED on the second occasion.   Such fact  may  be  established  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10491-01-3

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