Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 07, 2009 |
referred to codes |
Senate Bill S110
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
(D) Senate District
(D, WF) 28th Senate District
2009-S110 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5142
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add ยง60.53, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1634, A3079
2009-S110 (ACTIVE) - Summary
Provides that an oral or written statement of an accused made as a result of a custodial interrogation shall be presumed inadmissible as evidence against such accused in any criminal proceeding charging a felony offense unless an electronic or video recording is made of such interrogation.
2009-S110 (ACTIVE) - Sponsor Memo
BILL NUMBER: S110 TITLE OF BILL : An act to amend the criminal procedure law, in relation to the recording of statements in certain criminal investigations PURPOSE OR GENERAL IDEA OF BILL : Provides an oral or written statement of an accused shall be inadmissible as evidence against such accused unless a recording is made of the interrogation. SUMMARY OF SPECIFIC PROVISIONS : Section 1 adds section 60.53 to the criminal procedure law. This act will require the video and audio recording of the criminally accused during custodial interrogations at police stations or other places of detention. If a recording is not made of the interrogation, then any oral or written statements by the accused are presumed inadmissible as evidence against the accused in any criminal proceeding charging a felony offense or felony offenses. EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : There is no current law regarding this matter. JUSTIFICATION : Incarcerating a person is a drastic use of state power. Protecting
2009-S110 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 110 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. SAMPSON -- 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 the recording of statements in certain criminal investigations 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 60.53 to read as follows: S 60.53 RULES OF EVIDENCE; ELECTRONIC RECORDING OF CUSTODIAL INTERRO- GATION. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "WRITTEN STATEMENT OF AN ACCUSED" MEANS ANY STATEMENT SIGNED BY THE ACCUSED OR A STATEMENT MADE BY THE ACCUSED IN HIS OR HER OWN HAND- WRITING OR, IF THE ACCUSED IS UNABLE TO WRITE, A STATEMENT BEARING HIS OR HER MARK, WHEN THE MARK HAS BEEN WITNESSED BY A PERSON. (B) "CUSTODIAL INTERROGATION" MEANS ANY INTERROGATION DURING WHICH THE PERSON BEING INTERROGATED IS NOT FREE TO LEAVE. (C) "PLACE OF DETENTION" MEANS A FACILITY UNDER THE CONTROL OF A LAW ENFORCEMENT AGENCY. 2. AN ORAL OR WRITTEN STATEMENT OF AN ACCUSED MADE AS A RESULT OF A CUSTODIAL INTERROGATION AT A POLICE STATION OR OTHER PLACE OF DETENTION SHALL BE PRESUMED TO BE INADMISSIBLE AS EVIDENCE AGAINST THE ACCUSED IN ANY CRIMINAL PROCEEDING CHARGING A FELONY OFFENSE OR FELONY OFFENSES BROUGHT UNDER THIS CHAPTER, UNLESS: (A) AN ELECTRONIC VIDEO AND AUDIO RECORDING IS MADE OF THE CUSTODIAL INTERROGATION; (B) PRIOR TO THE CUSTODIAL INTERROGATION BUT DURING THE RECORDING THE ACCUSED IS GIVEN THE FOLLOWING WARNING: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01974-01-9
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