|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 29, 2021||referred to codes|
senate Bill S3348
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3348 (ACTIVE) - Details
S3348 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3348 SPONSOR: BAILEY 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.
S3348 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3348 2021-2022 Regular Sessions I N S E N A T E January 29, 2021 ___________ 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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