Assembly Bill A8157B

2015-2016 Legislative Session

Relates to enhancing criminal investigations and prosecutions

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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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Bill Amendments

co-Sponsors

2015-A8157 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§60.45, 60.25, 60.30, 710.20 & 710.30, add §60.80, CP L; amd §§305.2, 344.2, 343.3 & 343.4, Fam Ct Act; amd §§837 & 840, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A4239

2015-A8157 - Summary

Relates to enhancing criminal investigations and prosecutions in relation to the integrity of statements of those accused of crimes and the integrity of eyewitness identifications.

2015-A8157 - Bill Text download pdf

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

                                  8157

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2015
                               ___________

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

AN ACT to amend the criminal procedure law, the family court act and the
  executive  law,  in relation to improve the integrity of statements of
  those accused of crimes and the integrity  of  eyewitness  identifica-
  tions,  to  enhance  criminal  investigations  and prosecutions and to
  promote confidence in the criminal justice system of this state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 60.45 of the criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
  3. (A) WHERE A PERSON IS  SUBJECT  TO  CUSTODIAL  INTERROGATION  BY  A
PUBLIC  SERVANT  AT  A DETENTION FACILITY, THE ENTIRE CUSTODIAL INTERRO-
GATION, INCLUDING THE GIVING OF ANY REQUIRED ADVICE OF THE RIGHTS OF THE
INDIVIDUAL BEING QUESTIONED, AND THE WAIVER OF ANY RIGHTS BY  THE  INDI-
VIDUAL,  SHALL  BE  RECORDED BY AN APPROPRIATE VIDEO RECORDING DEVICE IF
THE INTERROGATION INVOLVES A CLASS A-1 FELONY,  EXCEPT  ONE  DEFINED  IN
ARTICLE  TWO HUNDRED TWENTY OF THE PENAL LAW; FELONY OFFENSES DEFINED IN
SECTION 130.95 AND 130.96 OF THE PENAL LAW; OR A FELONY OFFENSE  DEFINED
IN  ARTICLE  ONE  HUNDRED  TWENTY-FIVE OR ONE HUNDRED THIRTY OF SUCH LAW
THAT IS DEFINED AS A CLASS B VIOLENT FELONY OFFENSE IN SECTION 70.02  OF
THE  PENAL  LAW.  FOR  PURPOSES  OF  THIS PARAGRAPH, THE TERM "DETENTION
FACILITY" SHALL MEAN A POLICE STATION,  CORRECTIONAL  FACILITY,  HOLDING
FACILITY  FOR  PRISONERS,  PROSECUTOR'S  OFFICE  OR OTHER FACILITY WHERE
PERSONS ARE HELD IN DETENTION IN CONNECTION WITH CRIMINAL  CHARGES  THAT
HAVE BEEN OR MAY BE FILED AGAINST THEM.
  (B)  NO CONFESSION, ADMISSION OR OTHER STATEMENT SHALL BE SUBJECT TO A
MOTION TO SUPPRESS PURSUANT TO SUBDIVISION THREE OF  SECTION  710.20  OF
THIS CHAPTER BASED SOLELY UPON THE FAILURE TO VIDEO RECORD SUCH INTERRO-
GATION  IN  A  DETENTION  FACILITY  AS  DEFINED IN PARAGRAPH (A) OF THIS
SUBDIVISION. HOWEVER, WHERE THE PEOPLE OFFER INTO EVIDENCE A CONFESSION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11558-01-5
              

co-Sponsors

2015-A8157A - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§60.45, 60.25, 60.30, 710.20 & 710.30, add §60.80, CP L; amd §§305.2, 344.2, 343.3 & 343.4, Fam Ct Act; amd §§837 & 840, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A4239

2015-A8157A - Summary

Relates to enhancing criminal investigations and prosecutions in relation to the integrity of statements of those accused of crimes and the integrity of eyewitness identifications.

2015-A8157A - Bill Text download pdf

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

                                 8157--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2015
                               ___________

Introduced  by  M.  of A. LENTOL, SEPULVEDA -- read once and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the criminal procedure law, the family court act and the
  executive  law,  in  relation to statements of those accused of crimes
  and eyewitness identifications, to enhance criminal investigations and
  prosecutions and to promote confidence in the criminal justice  system
  of this state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 60.45 of the criminal procedure law is  amended  by
adding a new subdivision 3 to read as follows:
  3.  (A)  WHERE  A  PERSON  IS  SUBJECT TO CUSTODIAL INTERROGATION BY A
PUBLIC SERVANT AT A DETENTION FACILITY, THE  ENTIRE  CUSTODIAL  INTERRO-
GATION, INCLUDING THE GIVING OF ANY REQUIRED ADVICE OF THE RIGHTS OF THE
INDIVIDUAL  BEING  QUESTIONED, AND THE WAIVER OF ANY RIGHTS BY THE INDI-
VIDUAL, SHALL BE RECORDED BY AN APPROPRIATE VIDEO  RECORDING  DEVICE  IF
THE  INTERROGATION  INVOLVES  A  CLASS A-1 FELONY, EXCEPT ONE DEFINED IN
ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW; FELONY OFFENSES DEFINED  IN
SECTION  130.95 AND 130.96 OF THE PENAL LAW; OR A FELONY OFFENSE DEFINED
IN ARTICLE ONE HUNDRED TWENTY-FIVE OR ONE HUNDRED  THIRTY  OF  SUCH  LAW
THAT  IS DEFINED AS A CLASS B VIOLENT FELONY OFFENSE IN SECTION 70.02 OF
THE PENAL LAW. FOR PURPOSES  OF  THIS  PARAGRAPH,  THE  TERM  "DETENTION
FACILITY"  SHALL  MEAN  A POLICE STATION, CORRECTIONAL FACILITY, HOLDING
FACILITY FOR PRISONERS, PROSECUTOR'S  OFFICE  OR  OTHER  FACILITY  WHERE
PERSONS  ARE  HELD IN DETENTION IN CONNECTION WITH CRIMINAL CHARGES THAT
HAVE BEEN OR MAY BE FILED AGAINST THEM.
  (B) NO CONFESSION, ADMISSION OR OTHER STATEMENT SHALL BE SUBJECT TO  A
MOTION  TO  SUPPRESS  PURSUANT TO SUBDIVISION THREE OF SECTION 710.20 OF
THIS CHAPTER BASED SOLELY UPON THE FAILURE TO VIDEO RECORD SUCH INTERRO-
GATION IN A DETENTION FACILITY AS  DEFINED  IN  PARAGRAPH  (A)  OF  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11558-02-5
              

co-Sponsors

2015-A8157B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§60.45, 60.25, 60.30, 710.20 & 710.30, add §60.80, CP L; amd §§305.2, 344.2, 343.3 & 343.4, Fam Ct Act; amd §§837 & 840, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A4239

2015-A8157B (ACTIVE) - Summary

Relates to enhancing criminal investigations and prosecutions in relation to the integrity of statements of those accused of crimes and the integrity of eyewitness identifications.

2015-A8157B (ACTIVE) - Bill Text download pdf

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

                                 8157--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2015
                               ___________

Introduced  by  M.  of A. LENTOL, O'DONNELL, SEPULVEDA, QUART, WRIGHT --
  read once  and  referred  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the criminal procedure law, the family court act and the
  executive law, in relation to statements of those  accused  of  crimes
  and eyewitness identifications, to enhance criminal investigations and
  prosecutions  and to promote confidence in the criminal justice system
  of this state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 60.45 of the criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
  3. (A) WHEN A PERSON IS SUBJECT TO INTERROGATION BY A  PUBLIC  SERVANT
AT  A  DETENTION FACILITY, AND THE PUBLIC SERVANT IS AWARE OR HAS REASON
TO SUSPECT THAT THE PERSON INTERROGATED COMMITTED A CRIME UNDER INVESTI-
GATION BY SUCH PUBLIC SERVANT OR A  LAW  ENFORCEMENT  ENTITY  ASSOCIATED
WITH SUCH PUBLIC SERVANT, THE ENTIRE INTERROGATION, INCLUDING THE GIVING
OF ANY REQUIRED ADVICE OF THE RIGHTS OF THE INDIVIDUAL BEING QUESTIONED,
AND  THE WAIVER OF ANY RIGHTS BY THE INDIVIDUAL, SHALL BE RECORDED BY AN
APPROPRIATE VIDEO RECORDING DEVICE,  IF  THE  INTERROGATION  INVOLVES  A
CLASS A-1 FELONY OR A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02
OF  THE  PENAL LAW. THE INTERROGATION SHALL BE RECORDED IN A MANNER SUCH
THAT THE PERSONS IN THE RECORDING ARE SHOWN AND THE SPEECH IS INTELLIGI-
BLE.  SUCH RECORDING MAY ALSO BE CONDUCTED OUTSIDE OF A DETENTION FACIL-
ITY.   FOR PURPOSES OF THIS PARAGRAPH,  THE  TERM  "DETENTION  FACILITY"
SHALL MEAN A POLICE STATION, CORRECTIONAL FACILITY, HOLDING FACILITY FOR
PRISONERS,  PROSECUTOR'S OFFICE OR OTHER FACILITY WHERE PERSONS ARE HELD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11558-04-6
              

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