assembly Bill A4239

2017-2018 Legislative Session

Relates to enhancing criminal investigations and prosecutions

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 16, 2018 committed to codes
Jan 03, 2018 ordered to third reading cal.321
returned to assembly
died in senate
Feb 13, 2017 referred to codes
delivered to senate
passed assembly
Feb 09, 2017 advanced to third reading cal.56
Feb 07, 2017 reported
reported referred to ways and means
Feb 01, 2017 referred to codes

Co-Sponsors

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A4239 - Details

See Senate Version of this Bill:
S4826
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 2015-2016 Legislative Session:
A8157B

A4239 - 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.

A4239 - Bill Text download pdf

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

                                  4239

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2017
                               ___________

Introduced  by M. of A. LENTOL, O'DONNELL, SEPULVEDA, QUART -- 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 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03939-02-7

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