| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to codes |
| Jan 09, 2013 |
referred to codes |
Senate Bill S826
2013-2014 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
2013-S826 (ACTIVE) - Details
2013-S826 (ACTIVE) - 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
2013-S826 (ACTIVE) - 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
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