senate Bill S5901

2017-2018 Legislative Session

Relates to confidential informants

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
May 05, 2017 referred to codes

S5901 (ACTIVE) - Details

See Assembly Version of this Bill:
A257
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.23, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5732, A1816
2015-2016: S3876, A1072
2019-2020: S2182, A673
2021-2022: S3348, A347

S5901 (ACTIVE) - Summary

Relates to confidential informants; defines terms; requires the law enforcement agencies which use confidential informants to establish policies and procedures to assess the suitability of using a person as a confidential informant; makes related provisions.

S5901 (ACTIVE) - Sponsor Memo

S5901 (ACTIVE) - Bill Text download pdf


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

                                  5901

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sen.  BAILEY -- 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  confidential
  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 60.23 to read as follows:
§ 60.23 RULES OF EVIDENCE; CONFIDENTIAL INFORMANTS.
  1.    AS  USED  IN  THIS  SECTION,  THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "CONFIDENTIAL INFORMANT" MEANS A PERSON WHO COOPERATES WITH A  LAW
ENFORCEMENT  AGENCY CONFIDENTIALLY IN ORDER TO PROTECT THE PERSON OR THE
AGENCY'S INTELLIGENCE GATHERING OR INVESTIGATIVE EFFORTS AND:
  (I) SEEKS TO AVOID ARREST OR PROSECUTION  FOR  A  CRIME,  OR  MITIGATE
PUNISHMENT  FOR A CRIME IN WHICH A SENTENCE WILL BE OR HAS BEEN IMPOSED;
AND
  (II) IS ABLE, BY REASON OF HIS OR HER FAMILIARITY OR CLOSE ASSOCIATION
WITH SUSPECTED CRIMINALS, TO:
  (A) MAKE A CONTROLLED BUY OR CONTROLLED SALE OF CONTRABAND, CONTROLLED
SUBSTANCES, OR OTHER ITEMS THAT ARE  MATERIAL  TO  A  CRIMINAL  INVESTI-
GATION;
  (B)  SUPPLY  REGULAR OR CONSTANT INFORMATION ABOUT SUSPECTED OR ACTUAL
CRIMINAL ACTIVITIES TO A LAW ENFORCEMENT AGENCY; OR
  (C) OTHERWISE PROVIDE INFORMATION IMPORTANT TO ONGOING CRIMINAL INTEL-
LIGENCE GATHERING OR CRIMINAL INVESTIGATIVE EFFORTS.
  (B) "CONTROLLED BUY" MEANS  THE  PURCHASE  OF  CONTRABAND,  CONTROLLED
SUBSTANCES, OR OTHER ITEMS THAT ARE MATERIAL TO A CRIMINAL INVESTIGATION
FROM  A TARGET OFFENDER WHICH IS INITIATED, MANAGED, OVERSEEN OR PARTIC-
IPATED IN BY LAW ENFORCEMENT PERSONNEL WITH THE KNOWLEDGE OF A CONFIDEN-
TIAL INFORMANT.

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

Comments

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.