Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to codes |
Jan 24, 2011 |
referred to codes |
Assembly Bill A3079
2011-2012 Legislative Session
Sponsored By
LENTOL
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
2011-A3079 (ACTIVE) - Details
2011-A3079 (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.
2011-A3079 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3079 2011-2012 Regular Sessions I N A S S E M B L Y January 24, 2011 ___________ Introduced by M. of A. LENTOL -- read once and referred 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. LBD05083-01-1 A. 3079 2
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