senate Bill S5732A

2013-2014 Legislative Session

Relates to confidential informants

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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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Oct 25, 2013 print number 5732a
amend and recommit to codes
Jun 10, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S5732 - Details

See Assembly Version of this Bill:
A1816A
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.23, CP L

S5732 - Summary

Relates to confidential informants; defines terms; requires the law enforcement agencies which use confidential informants to establish policies and procedures to assess the suitability of using a person as a confidential informant; makes related provisions.

S5732 - Sponsor Memo

S5732 - Bill Text download pdf

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

                                  5732

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 10, 2013
                               ___________

Introduced  by  Sen. PERKINS -- 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  confidential
  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 60.23 to read as follows:
S 60.23 RULES OF EVIDENCE; CONFIDENTIAL INFORMANTS.
  1.    AS  USED  IN  THIS  SECTION,  THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "CONFIDENTIAL INFORMANT" MEANS A PERSON WHO COOPERATES WITH A  LAW
ENFORCEMENT  AGENCY CONFIDENTIALLY IN ORDER TO PROTECT THE PERSON OR THE
AGENCY'S INTELLIGENCE GATHERING OR INVESTIGATIVE EFFORTS AND:
  (I) SEEKS TO AVOID ARREST OR PROSECUTION  FOR  A  CRIME,  OR  MITIGATE
PUNISHMENT  FOR A CRIME IN WHICH A SENTENCE WILL BE OR HAS BEEN IMPOSED;
AND
  (II) IS ABLE, BY REASON OF HIS OR HER FAMILIARITY OR CLOSE ASSOCIATION
WITH SUSPECTED CRIMINALS, TO:
  (A) MAKE A CONTROLLED BUY OR CONTROLLED SALE OF CONTRABAND, CONTROLLED
SUBSTANCES, OR OTHER ITEMS THAT ARE  MATERIAL  TO  A  CRIMINAL  INVESTI-
GATION;
  (B)  SUPPLY  REGULAR OR CONSTANT INFORMATION ABOUT SUSPECTED OR ACTUAL
CRIMINAL ACTIVITIES TO A LAW ENFORCEMENT AGENCY; OR
  (C) OTHERWISE PROVIDE INFORMATION IMPORTANT TO ONGOING CRIMINAL INTEL-
LIGENCE GATHERING OR CRIMINAL INVESTIGATIVE EFFORTS.
  (B) "CONTROLLED BUY" MEANS  THE  PURCHASE  OF  CONTRABAND,  CONTROLLED
SUBSTANCES, OR OTHER ITEMS THAT ARE MATERIAL TO A CRIMINAL INVESTIGATION
FROM  A TARGET OFFENDER WHICH IS INITIATED, MANAGED, OVERSEEN OR PARTIC-
IPATED IN BY LAW ENFORCEMENT PERSONNEL WITH THE KNOWLEDGE OF A CONFIDEN-
TIAL INFORMANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02188-01-3

S5732A (ACTIVE) - Details

See Assembly Version of this Bill:
A1816A
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.23, CP L

S5732A (ACTIVE) - Summary

Relates to confidential informants; defines terms; requires the law enforcement agencies which use confidential informants to establish policies and procedures to assess the suitability of using a person as a confidential informant; makes related provisions.

S5732A (ACTIVE) - Sponsor Memo

S5732A (ACTIVE) - Bill Text download pdf

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

                                 5732--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 10, 2013
                               ___________

Introduced  by  Sen. PERKINS -- 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, in relation to confidential
  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 60.23 to read as follows:
S 60.23 RULES OF EVIDENCE; CONFIDENTIAL INFORMANTS.
  1.   AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "CONFIDENTIAL INFORMANT" MEANS A PERSON WHO COOPERATES WITH A LAW
ENFORCEMENT AGENCY CONFIDENTIALLY IN ORDER TO PROTECT THE PERSON OR  THE
AGENCY'S INTELLIGENCE GATHERING OR INVESTIGATIVE EFFORTS AND:
  (I)  SEEKS  TO  AVOID  ARREST  OR PROSECUTION FOR A CRIME, OR MITIGATE
PUNISHMENT FOR A CRIME IN WHICH A SENTENCE WILL BE OR HAS BEEN  IMPOSED;
AND
  (II) IS ABLE, BY REASON OF HIS OR HER FAMILIARITY OR CLOSE ASSOCIATION
WITH SUSPECTED CRIMINALS, TO:
  (A) MAKE A CONTROLLED BUY OR CONTROLLED SALE OF CONTRABAND, CONTROLLED
SUBSTANCES,  OR  OTHER  ITEMS  THAT  ARE MATERIAL TO A CRIMINAL INVESTI-
GATION;
  (B) SUPPLY REGULAR OR CONSTANT INFORMATION ABOUT SUSPECTED  OR  ACTUAL
CRIMINAL ACTIVITIES TO A LAW ENFORCEMENT AGENCY; OR
  (C) OTHERWISE PROVIDE INFORMATION IMPORTANT TO ONGOING CRIMINAL INTEL-
LIGENCE GATHERING OR CRIMINAL INVESTIGATIVE EFFORTS.
  (B)  "CONTROLLED  BUY"  MEANS  THE  PURCHASE OF CONTRABAND, CONTROLLED
SUBSTANCES, OR OTHER ITEMS THAT ARE MATERIAL TO A CRIMINAL INVESTIGATION
FROM A TARGET OFFENDER WHICH IS INITIATED, MANAGED, OVERSEEN OR  PARTIC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02188-08-3

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