Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2014 |
referred to codes |
Jan 09, 2013 |
referred to codes |
Senate Bill S25
2013-2014 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
2013-S25 (ACTIVE) - Details
2013-S25 (ACTIVE) - Sponsor Memo
BILL NUMBER:S25 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the regulation of the use of informants PURPOSE OR GENERAL IDEA OF BILL: To introduce more transparency, uniformity and formality into law enforcement's use of informants. To protect society from the troubling side effects of this largely unregulated practice. SUMMARY OF SPECIFIC PROVISIONS: Compiles annual statistics about law enforcement use of informants to assist with judicial and legislative oversight. Provides defendants and their attorneys with vital information about informants offering testimony against them through full disclosure, reliability hearings and depositions. Places limits on who can be turned into an informant. JUSTIFICATION: This bill is designed to provide guidelines, and to allow for more legislative, judicial and public scrutiny over the practice of using
2013-S25 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 25 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. ESPAILLAT -- 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 the regu- lation of the use of informants 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 60.77 to read as follows: S 60.77 RULES OF EVIDENCE; USE OF CONFIDENTIAL INFORMANTS. 1. WHENEVER A PROSECUTING ATTORNEY PLANS TO USE AN INFORMANT TO TESTI- FY AGAINST A DEFENDANT, THE ATTORNEY FOR SUCH DEFENDANT SHALL BE SUPPLIED WITH: A. THE COMPLETE CRIMINAL RECORD OF THE INFORMANT; B. ANY TESTIMONY OR INFORMATION THE INFORMANT HAS PROVIDED OR HAS PROMISED TO PROVIDE FOR ANY LEGAL ACTION; C. ALL STATEMENTS MADE BY THE INFORMANT ABOUT THE SPECIFIC LEGAL ACTION IN QUESTION; AND D. ALL PROMISES, COMPROMISES, OR PROTECTIONS OFFERED BY THE PROSECUT- ING ATTORNEY TO THE INFORMANT IN EXCHANGE FOR HIS OR HER TESTIMONY. THIS SHALL ALSO INCLUDE ANY INFORMATION ABOUT CRIMES COMMITTED BY THE INFOR- MANT FOR WHICH CHARGES WILL NOT BE BROUGHT IN EXCHANGE FOR HIS OR HER TESTIMONY. 2. THE ATTORNEY FOR THE DEFENDANT SHALL BE GIVEN THE OPPORTUNITY TO DEPOSE THE INFORMANT PRIOR TO ENTERING INTO ANY PLEA NEGOTIATIONS OR GOING TO TRIAL. 3. UPON THE REQUEST OF THE ATTORNEY FOR THE DEFENDANT, THE JUDGE SHALL GRANT A RELIABILITY HEARING, WHICH SHALL BE USED TO DETERMINE THE CREDI- BILITY OF THE INFORMANT'S TESTIMONY. BOTH THE PROSECUTION AND THE ATTOR- NEY FOR THE DEFENDANT SHALL BE ENTITLED TO OFFER EVIDENCE RELATING TO THE INFORMANT'S RELIABILITY. THE JUDGE, IN HIS OR HER OWN DISCRETION, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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