Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 04, 2009 |
recommit, enacting clause stricken |
Jan 28, 2009 |
referred to codes |
Senate Bill S1246
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - Stricken
- 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) 21st Senate District
2009-S1246 (ACTIVE) - Details
- See Senate Version of this Bill:
- S1644
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add ยง60.27, CP L
2009-S1246 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1246 TITLE OF BILL : An act to amend the criminal procedure law, in relation to requiring evidence of identification by photographic videotape PURPOSE : This bill provides that procedures for photographic identification of a defendant in a criminal case be videotaped for .the identification to be used in evidence SUMMARY OF PROVISIONS : Amends Section 1 of the criminal procedure law by adding a new section section 60.27 by adding a subdivision that includes the following, Notwithstanding any other law, rule or regulation to the contrary, in any circumstance where evidence of an identification of a defendant by photographic array would be otherwise admissible in evidence, such identification shall not be admissible in evidence unless proof of the procedures used in the identification is introduced by videotape evidence of such procedures. JUSTIFICATION : There has been a major shift in criminal justice legislation over the past decade, in large part due to the phenomenon of DNA exonerations and innocent people being freed from death row. It is clear that
2009-S1246 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1246 2009-2010 Regular Sessions I N S E N A T E January 28, 2009 ___________ Introduced by Sens. THOMPSON, ONORATO, PARKER -- 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 requiring evidence of identification by photographic videotape 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 60.27 to read as follows: S 60.27 RULES OF EVIDENCE; IDENTIFICATION BY MEANS OF A PHOTOGRAPHIC ARRAY; VIDEOTAPE TO BE REQUIRED. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, IN ANY CIRCUMSTANCE WHERE EVIDENCE OF AN IDENTIFICATION OF A DEFENDANT BY PHOTOGRAPHIC ARRAY WOULD BE OTHERWISE ADMISSIBLE IN EVIDENCE, SUCH IDEN- TIFICATION SHALL NOT BE ADMISSIBLE IN EVIDENCE UNLESS PROOF OF THE PROCEDURES USED IN THE IDENTIFICATION IS INTRODUCED BY VIDEOTAPE EVIDENCE OF SUCH PROCEDURES. S 2. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to any criminal action commenced after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02789-01-9
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