Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 04, 2012 |
referred to codes |
Jan 14, 2011 |
referred to codes |
Senate Bill S2019
2011-2012 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
2011-S2019 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add ยง60.53, CP L
- Versions Introduced in 2009-2010 Legislative Session:
-
S2345
2011-S2019 (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 recording is made of such interrogation.
2011-S2019 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2019 TITLE OF BILL: An act to amend the criminal procedure law, in relation to requiring the recording of statements in certain criminal investigations PURPOSE: To require the audio and video recording of statements made during criminal interrogations of felony offenses. The mandated electronic recording of the entire interrogation process protects the innocent, ensures the admissibility of legitimate confessions, and helps law enforcement defend against allegations of coercion. SUMMARY OF PROVISIONS: Section 1: Legislative findings Section 2: Adds a new section 60.53 to the criminal procedure law to require,the electronic recording of all custodial interrogations at places of detention. If a recording is not made of the interrogation, then any statements by the accused are presumed inadmissible as evidence in any criminal proceeding charging a felony offense. Section 3: Effective Date
2011-S2019 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2019 2011-2012 Regular Sessions I N S E N A T E January 14, 2011 ___________ Introduced by Sen. SQUADRON -- 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 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. Legislative intent. Properly recorded interrogations provide the best evidence of the communications that occurred during an interrogation; prevent disputes about how an officer conducted himself or herself or treated a suspect during the course of an interrogation; prevent a defendant from lying about his or her account of events originally provided to law enforcement; spare judges and jurors the time necessary to assess which account of an interrogation to believe; and enhance public confidence in the criminal investigation process. It is the intent of this legislature to require the video and audio recording of custodial interrogations in New York state. S 2. 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) "CUSTODIAL INTERROGATION" MEANS AN INTERVIEW, BEGINNING WITH A LAW ENFORCEMENT OFFICER'S ADVICE OF A PERSON'S MIRANDA RIGHTS AND ENDING WHEN THE INTERVIEW HAS COMPLETELY FINISHED, WHICH OCCURS WHILE A PERSON REASONABLY BELIEVES HE OR SHE IS IN CUSTODY, INVOLVING A LAW ENFORCEMENT OFFICER'S QUESTIONING THAT IS REASONABLY LIKELY TO ELICIT INCRIMINATING RESPONSES. (B) "PLACE OF DETENTION" MEANS A JAIL, POLICE OR SHERIFF'S STATION, HOLDING CELL, CORRECTIONAL OR DETENTION FACILITY OF OTHER PLACE WHERE PERSONS ARE QUESTIONED IN CONNECTION WITH CRIMINAL CHARGES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07707-01-1
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