Assembly Bill A3097

2013-2014 Legislative Session

Regulates the use of informants by the prosecuting attorney and law enforcement personnel

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A3097 (ACTIVE) - Details

See Senate Version of this Bill:
S25
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3712, S6341
2011-2012: A437, S1229
2015-2016: A2906
2017-2018: A4264
2019-2020: A2703

2013-A3097 (ACTIVE) - Summary

Regulates the use of informants by the prosecuting attorney and law enforcement personnel; requires law enforcement personnel to submit an annual report to the department of state with statistical information relating to their use of informants.

2013-A3097 (ACTIVE) - Bill Text download pdf

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

                                  3097

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the criminal procedure law, in relation to the regu-
  lation of the use of 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 60.77 to read as follows:
S 60.77 RULES OF EVIDENCE; USE OF CONFIDENTIAL INFORMANTS.
  1. WHENEVER A PROSECUTING ATTORNEY PLANS TO USE AN INFORMANT TO TESTI-
FY AGAINST A  DEFENDANT,  THE  ATTORNEY  FOR  SUCH  DEFENDANT  SHALL  BE
SUPPLIED WITH:
  A. THE COMPLETE CRIMINAL RECORD OF THE INFORMANT;
  B.  ANY  TESTIMONY  OR  INFORMATION  THE INFORMANT HAS PROVIDED OR HAS
PROMISED TO PROVIDE FOR ANY LEGAL ACTION;
  C. ALL STATEMENTS MADE BY  THE  INFORMANT  ABOUT  THE  SPECIFIC  LEGAL
ACTION IN QUESTION; AND
  D.  ALL PROMISES, COMPROMISES, OR PROTECTIONS OFFERED BY THE PROSECUT-
ING ATTORNEY TO THE INFORMANT IN EXCHANGE FOR HIS OR HER TESTIMONY. THIS
SHALL ALSO INCLUDE ANY INFORMATION ABOUT CRIMES COMMITTED BY THE  INFOR-
MANT  FOR  WHICH  CHARGES WILL NOT BE BROUGHT IN EXCHANGE FOR HIS OR HER
TESTIMONY.
  2. THE ATTORNEY FOR THE DEFENDANT SHALL BE GIVEN  THE  OPPORTUNITY  TO
DEPOSE  THE  INFORMANT  PRIOR  TO ENTERING INTO ANY PLEA NEGOTIATIONS OR
GOING TO TRIAL.
  3. UPON THE REQUEST OF THE ATTORNEY FOR THE DEFENDANT, THE JUDGE SHALL
GRANT A RELIABILITY HEARING, WHICH SHALL BE USED TO DETERMINE THE CREDI-
BILITY OF THE INFORMANT'S TESTIMONY. BOTH THE PROSECUTION AND THE ATTOR-
NEY FOR THE DEFENDANT SHALL BE ENTITLED TO OFFER  EVIDENCE  RELATING  TO
THE  INFORMANT'S  RELIABILITY.  THE JUDGE, IN HIS OR HER OWN DISCRETION,
SHALL WEIGH THE EVIDENCE AND DETERMINE IF THE INFORMANT  IS  A  RELIABLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01825-01-3
              

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