senate Bill S826

2013-2014 Legislative Session

Requires police identification line-ups to be conducted sequentially

download bill text pdf

Sponsored By

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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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S826 - Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง240.40, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1274, A5917
2009-2010: S4758, A512

S826 - Summary

Requires police identification line-ups to be conducted sequentially, with defendants appearing one at a time.

S826 - Sponsor Memo

S826 - Bill Text download pdf

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E


                             January 9, 2013

Introduced  by  Sen.  PARKER -- 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  requiring  a
  police identification line-up to be conducted sequentially


  Section 1. Paragraph (b) of subdivision 2 of  section  240.40  of  the
criminal  procedure law, as added by chapter 412 of the laws of 1979, is
amended to read as follows:
  (b) may order the defendant to provide non-testimonial evidence.  Such
order may, among other things, require the defendant to:
  (i) Appear in a SEQUENTIAL line-up, ONE DEFENDANT AT A TIME;
  (ii) Speak for identification by witness or potential witness;
  (iii) Be fingerprinted;
  (iv) Pose for photographs not involving reenactment of an event;
  (v)  Permit  the  taking  of samples of blood, hair or other materials
from his body in a manner not involving an unreasonable intrusion there-
of or a risk of serious physical injury thereto;
  (vi) Provide specimens of his handwriting;
  (vii) Submit to a reasonable physical or  medical  inspection  of  his
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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


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