assembly Bill A6570A

2021-2022 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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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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 27, 2022 print number 6570a
Jan 27, 2022 amend (t) and recommit to codes
Jan 05, 2022 referred to codes
Mar 19, 2021 referred to codes

A6570 - Details

See Senate Version of this Bill:
S324
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.45, CP L; amd §344.2, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:
S6806

A6570 - 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; requires data collection and analysis by the division of criminal justice services of recorded interrogations.

A6570 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6570
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes
 
 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.
                                                            LBD02415-01-1

Co-Sponsors

A6570A (ACTIVE) - Details

See Senate Version of this Bill:
S324
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.45, CP L; amd §344.2, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:
S6806

A6570A (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; requires data collection and analysis by the division of criminal justice services of recorded interrogations.

A6570A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6570--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the criminal procedure law and the family court act, in
   relation to defendants' and juvenile respondents'  statement  admissi-
   bility 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]

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02415-03-1