Assembly Actions -
Senate Actions - UPPERCASE
|Jan 19, 2023||
referred to codes
Senate Bill S2303
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S2303 (ACTIVE) - Details
2023-S2303 (ACTIVE) - Summary
Precludes 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.
2023-S2303 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2303 SPONSOR: MYRIE TITLE OF BILL: An act to amend the criminal procedure law and the family court act, in relation to defendants' and juvenile respondents' statement admissibili- ty and recorded interrogations PURPOSE: To provide increased protections against false confession and/or false incrimination by individuals subject to interrogation, and to provide for the collection of data concerning recorded interrogations. SUMMARY OF PROVISIONS: Section 1 amends subdivisions 1 and 2 of section 60.45 of the criminal procedure law by adding a new subdivision 4 which provides that any promise or statement of fact by law enforcement to an individual under interrogation that undermines the reliability of such an individual's statement while increasing the likelihood of that individual's false
2023-S2303 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2303 2023-2024 Regular Sessions I N S E N A T E January 19, 2023 ___________ Introduced by Sens. MYRIE, BAILEY, BRISPORT, BROUK, CLEARE, COONEY, GIANARIS, GOUNARDES, HOYLMAN-SIGAL, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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. LBD03795-01-3
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