|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S826
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S826 - Details
S826 - Summary
Requires police identification line-ups to be conducted sequentially, with defendants appearing one at a time.
S826 - Sponsor Memo
BILL NUMBER:S826 TITLE OF BILL: An act to amend the criminal procedure law, in relation to requiring a police identification line-up to be conducted sequentially PURPOSE: To require law enforcement officials who require witnesses to identify possible defendants via a police line-up to be shown each possible defendant one at a time instead of by a traditional police "line-up" SUMMARY OF PROVISIONS: Section 1 amends paragraph (b) of subdivision 2 of section 240.40 of the criminal procedure law, as added by chapter 412 of the laws of 1979 to require law enforcement officials who order defendants appear in a police lineup to appear sequentially, one defendant at a time as opposed to simultaneously. EXISTING LAW: Existing law states that law enforcement officials may order a defendant to provide non-testimonial evidence, including a "line-up" but does not
S826 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 826 2013-2014 Regular Sessions I N S E N A T E (PREFILED) 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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 body. 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. LBD02904-01-3
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.