senate Bill S324A

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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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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Sep 29, 2021 print number 324a
Sep 29, 2021 amend (t) and recommit to codes
Jan 06, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

S324 - Details

See Assembly Version of this Bill:
A6570
Current Committee:
Senate 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

S324 - 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.

S324 - Sponsor Memo

S324 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    324
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE, BENJAMIN, HOYLMAN, RIVERA, SALAZAR -- 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 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]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S324A (ACTIVE) - Details

See Assembly Version of this Bill:
A6570
Current Committee:
Senate 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

S324A (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.

S324A (ACTIVE) - Sponsor Memo

S324A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  324--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY,  BIAGGI, BRISPORT, BROUK, COONEY,
   GIANARIS,  GOUNARDES,  HOYLMAN,  RAMOS,  RIVERA,  SALAZAR,  SEPULVEDA,
   SERRANO  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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