|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to codes|
|May 05, 2017||referred to codes|
senate Bill S5901
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5901 (ACTIVE) - Details
S5901 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5901 TITLE OF BILL : An act to amend the criminal procedure law, in relation to confidential informants PURPOSE OR GENERAL IDEA OF BILL : To amend the law in relation to confidential informants by defining confidential informants; by imposing restrictions on who and who may not be a confidential informant; by regulating the use of confidential informants. SUMMARY OF SPECIFIC PROVISIONS : Section 1. Adds a new section 60.23 to the criminal procedure law. 60.23.1: This new section defines confidential informant, controlled buy, controlled sale, law enforcement agency, target offender. 60.23.2: This section also requires law enforcement agencies that use confidential informants to inform each person who is requested to serve as a confidential informant: that the agency cannot promise inducements in exchange for serving as a confidential informant; that the value of his or her assistance and any effect of the assistance on
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.
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