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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Oct 25, 2019 referred to rules

Co-Sponsors

S6806 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.45, CP L

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.

S6806 (ACTIVE) - Sponsor Memo

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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