S T A T E O F N E W Y O R K
________________________________________________________________________
5789
2015-2016 Regular Sessions
I N A S S E M B L Y
March 4, 2015
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee 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.
LBD04886-01-5