Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to codes |
Jan 20, 2015 |
referred to codes |
Assembly Bill A2906
2015-2016 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
2015-A2906 (ACTIVE) - Details
2015-A2906 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2906 2015-2016 Regular Sessions I N A S S E M B L Y January 20, 2015 ___________ 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 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, SHALL WEIGH THE EVIDENCE AND DETERMINE IF THE INFORMANT IS A RELIABLE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01352-01-5
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