Senate Bill S6806

2019-2020 Legislative Session

Relates to precluding inadmissible statements made by defendants because of false information and requires data collection of recorded interrogations

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2019-S6806 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.45, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S324
2023-2024: S2303

2019-S6806 (ACTIVE) - Summary

Relates to precluding inadmissible statements made by defendants because of false facts about evidence or because of a statement that undermines the reliability of the defendant's statement and requires data collection and analysis by the division of criminal justice services of recorded interrogations.

2019-S6806 (ACTIVE) - Sponsor Memo

2019-S6806 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6806
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 25, 2019
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law, in relation  to  defendants'
   statement admissibility and recorded interrogations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2  of  section  60.45  of  the  criminal
 procedure  law  are  amended and a new subdivision 4 is added to read as
 follows:
   1. Evidence of a written  or  oral  confession,  admission,  or  other
 statement  made  by a defendant with respect to his OR HER participation
 or lack of participation in the offense charged, may not be received  in
 evidence  against  him OR HER in a criminal proceeding if such statement
 was involuntarily made.
   2. A confession, admission or other statement is "involuntarily  made"
 by a defendant when it is obtained from him OR HER:
   (a)  By any person by the use or threatened use of physical force upon
 the defendant or another person, or  by  means  of  any  other  improper
 conduct  or  undue  pressure  which impaired the defendant's physical or
 mental condition to the extent of undermining his OR HER ability to make
 a choice whether or not to make a statement; or
   (b) By a public servant engaged in law enforcement activity  or  by  a
 person then acting under his OR HER direction or in cooperation with him
 OR HER:
   (i)  by  means  of  any promise or statement of fact, which promise or
 statement UNDERMINES THE RELIABILITY OF THE  DEFENDANT'S  STATEMENT,  OR
 creates  a substantial risk that the defendant might falsely incriminate
 himself OR HERSELF; [or]
   (ii) BY KNOWINGLY COMMUNICATING FALSE  FACTS  ABOUT  EVIDENCE  TO  THE
 DEFENDANT; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13886-02-9
              

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