Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to codes |
Jan 06, 2011 |
referred to codes |
Senate Bill S1274
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S1274 (ACTIVE) - Details
2011-S1274 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1274 TITLE OF BILL: An act to amend the criminal procedure law, in relation to requiring a police identification line-up to be conducted sequentially PURPOSE: To require law enforcement officials who require witnesses to identify possible defendants via a police line-up to be shown each possible defendant one at a time instead of by a traditional police "line-up" SUMMARY OF PROVISIONS: Section 1 amends paragraph (b) of subdivision 2 of section 240.40 of the criminal procedure law, as added by chapter 412 of the laws of 1979 to require law enforcement officials who order defendants appear in a police lineup to appear sequentially, one defendant at a time as opposed to simultaneously. EXISTING LAW: Existing law states that law enforcement officials may order a defendant to provide non-testimonial evidence, including a "line-up" but does not require this to be sequential. Therefore the defendant may be lined-up
2011-S1274 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1274 2011-2012 Regular Sessions I N S E N A T E January 6, 2011 ___________ Introduced by Sen. DUANE -- 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 a police identification line-up to be conducted sequentially THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 240.40 of the criminal procedure law, as added by chapter 412 of the laws of 1979, is amended to read as follows: (b) may order the defendant to provide non-testimonial evidence. Such order may, among other things, require the defendant to: (i) Appear in a SEQUENTIAL line-up, ONE DEFENDANT AT A TIME; (ii) Speak for identification by witness or potential witness; (iii) Be fingerprinted; (iv) Pose for photographs not involving reenactment of an event; (v) Permit the taking of samples of blood, hair or other materials from his body in a manner not involving an unreasonable intrusion there- of or a risk of serious physical injury thereto; (vi) Provide specimens of his handwriting; (vii) Submit to a reasonable physical or medical inspection of his body. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01001-01-1
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