Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 21, 2010 |
reported referred to rules |
May 14, 2010 |
referred to codes |
Assembly Bill A11089
2009-2010 Legislative Session
Sponsored By
TITUS
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Jeffrion Aubry
Ellen C. Jaffee
Joan Millman
Vanessa Gibson
multi-Sponsors
Deborah Glick
Richard Gottfried
Earlene Hooper
Susan John
2009-A11089 (ACTIVE) - Details
2009-A11089 (ACTIVE) - Sponsor Memo
BILL NUMBER:A11089 TITLE OF BILL: An act to amend the criminal procedure law, in relation to informant testimony PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the Criminal Procedure Law to provide for the evidentiary treatment of informant testimony. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill adds a new §60.77 to the Criminal Procedure Law to provide for the evidentiary treatment of informant testimony. JUSTIFICATION: This is one of six bills that are based on the recommen- dations of the Task Force on Wrongful Convictions of the New York State Bar Association. That Task Force was created in 2008, and examined 53 cases where a defendant was wrongfully convicted of a crime and, later exonerated, Through this study, the Task Force identified what it found to be the causes of these mistakes. In report was approved by the Bar Association in 2009, and this bill is intended to address one of the causes that were so identified. A large percentage of cases in which wrongful convictions have been documented involve testimony from informants who are themselves in-cus- tody or facing criminal prosecution or otherwise receiving incentives such as financial payments for their testimony. Most studies have found
2009-A11089 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 11089 I N A S S E M B L Y May 14, 2010 ___________ Introduced by M. of A. TITUS, AUBRY, JAFFEE, MILLMAN -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED, JOHN, McENENY, TITONE -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to informant testimony 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 60.77 to read as follows: S 60.77 RULES OF EVIDENCE: TESTIMONY OF AN INFORMANT WHO IS NOT AN ACCOMPLICE. 1. DEFINITION. AS USED IN THIS SECTION, AN "INFORMANT" IS A PERSON WHO IS NOT AN ACCOMPLICE AND WHO AGREES TO PROVIDE TESTIMONY OR EVIDENCE ON AN UNDERSTANDING THAT HE OR SHE WILL RECEIVE A FAVORABLE DISPOSITION OR RESOLUTION OF PENDING OR POSSIBLE CRIMINAL CHARGES, FINANCIAL BENEFIT NOT ASSOCIATED WITH USUAL WITNESS APPEARANCE, OR OTHER SUBSTANTIAL BENE- FIT FOR HIMSELF OR HERSELF OR ANOTHER PERSON. 2. THE TESTIMONY OF AN INFORMANT AGAINST THE DEFENDANT MAY BE ADMITTED INTO EVIDENCE ONLY IF THE PROSECUTION PRESENTS EVIDENCE INDEPENDENT OF THE INFORMANT'S TESTIMONY THAT TENDS TO CONNECT THE DEFENDANT TO THE COMMISSION OF THE OFFENSE. 3. (A) UNLESS EARLIER DISCLOSURE IS OTHERWISE REQUIRED BY LAW, AT A REASONABLE TIME PRIOR TO TRIAL OR ENTRY OF A GUILTY PLEA, THE PROSE- CUTION SHALL DISCLOSE TO THE COURT AND THE DEFENSE THE EVIDENCE IT CLAIMS TO BE CORROBORATIVE OF THE INFORMANT'S INFORMATION TENDING TO CONNECT THE DEFENDANT WITH THE OFFENSE. AT A REASONABLE TIME PRIOR TO TRIAL THE COURT SHALL DETERMINE WHETHER, WITHOUT THE INFORMANT'S TESTI- MONY, THE PROSECUTOR'S PROPOSED EVIDENCE TENDS TO CONNECT THE DEFENDANT TO THE OFFENSE. IF THE COURT FINDS THAT THE PROPOSED INDEPENDENT EVIDENCE TENDS TO CONNECT THE DEFENDANT TO THE OFFENSE, THE INFORMANT SHALL BE PERMITTED TO GIVE TESTIMONY AT A TRIAL. IF THE PROSECUTION FAILS TO MAKE THE REQUIRED SHOWING, THE INFORMANT WILL NOT BE PERMITTED TO TESTIFY CONCERNING THE DEFENDANT'S ROLE IN THE OFFENSE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17111-01-0
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