Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 13, 2009 |
referred to codes |
Senate Bill S2240
2009-2010 Legislative Session
Sponsored By
(R) 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
(R, C, IP) Senate District
(R) Senate District
(R, C, Ind, WF) Senate District
(R, C, IP) Senate District
2009-S2240 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§60.25, 210.20, 460.40, 260.20, 450.20, 450.50 & 710.30, add §240.46, CP L
2009-S2240 (ACTIVE) - Summary
Enacts the "criminal procedure law reform act" and more particularly alters provisions relating to identification evidence, orders dismissing a count or counts of an indictment, the defendant's presence at trial, preclusion of evidence, and remedies for violation of discovery and preclusion of evidence.
2009-S2240 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2240 TITLE OF BILL : An act to enact the "criminal procedure law reform act of 2005"; to amend the criminal procedure law, in relation to identification by means of previous identification in absence of present identification, stays of orders dismissing a count or counts of an indictment, defendant's presence at trial, preclusion of evidence and remedies for violation of discovery and preclusion of evidence PURPOSE : To improve the Criminal Procedure Law by closing certain legal loopholes and remedying numerous defects in existing law that unjustifiably hinder or preclude prosecutions or result in unnecessary and costly retrials of fairly convicted criminals. SUMMARY OF PROVISIONS : Section 1 of the bill would entitle the act the "Criminal Procedure Law Reform Act." Section 2 would amend section 60.25 of the Criminal Procedure Law to permit the admission at trial of certain reliable identification testimony. Sections 3 and 4 would amend, respectively, subdivision 6 of section 210.20 and subdivision 2 of section 460.40 of the Criminal Procedure
2009-S2240 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2240 2009-2010 Regular Sessions I N S E N A T E February 13, 2009 ___________ Introduced by Sens. VOLKER, O. JOHNSON, MAZIARZ, MORAHAN, RANZENHOFER, SALAND, WINNER, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to enact the "criminal procedure law reform act"; to amend the criminal procedure law, in relation to identification by means of previous identification in absence of present identification, stays of orders dismissing a count or counts of an indictment, defendant's presence at trial, preclusion of evidence and remedies for violation of discovery and preclusion of evidence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "criminal procedure law reform act". S 2. Subparagraph (iii) of paragraph (a) of subdivision 1 of section 60.25 of the criminal procedure law is amended to read as follows: (iii) [He is unable at] AT the proceeding [to state, on the basis of present recollection, whether or not the defendant is], HE OR SHE DOES NOT IDENTIFY THE DEFENDANT, IS UNCERTAIN ABOUT HIS OR HER IDENTIFICATION OF THE DEFENDANT OR IDENTIFIES A PERSON OTHER THAN THE DEFENDANT AS the person in question; and S 3. The opening paragraph and paragraph (a) of subdivision 6 of section 210.20 of the criminal procedure law, as amended by chapter 1 of the laws of 1995, are amended to read as follows: The effectiveness of an order reducing a count or counts of an indict- ment or dismissing an indictment and directing the filing of a prosecutor's information or dismissing a count or counts of an indict- ment [charging murder in the first degree] shall be stayed for thirty days following the entry of such order unless such stay is otherwise waived by the people. On or before the conclusion of such thirty-day period, the people shall exercise one of the following options: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01514-01-9
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