Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to codes |
Feb 06, 2017 |
referred to codes |
Assembly Bill A5142
2017-2018 Legislative Session
Sponsored By
TITUS
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
co-Sponsors
Jeffrion Aubry
Ellen C. Jaffee
multi-Sponsors
Deborah Glick
Richard Gottfried
Matthew Titone
2017-A5142 (ACTIVE) - Details
2017-A5142 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5142 2017-2018 Regular Sessions I N A S S E M B L Y February 6, 2017 ___________ Introduced by M. of A. TITUS, AUBRY, JAFFEE -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED, TITONE -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to informant testimony 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: § 60.77 RULES OF EVIDENCE: TESTIMONY OF AN INFORMANT WHO IS NOT AN ACCOMPLICE. 1. DEFINITION. AS USED IN THIS SECTION, AN "INFORMANT" IS A PERSON WHO IS NOT AN ACCOMPLICE AND WHO AGREES TO PROVIDE TESTIMONY OR EVIDENCE ON AN UNDERSTANDING THAT HE OR SHE WILL RECEIVE A FAVORABLE DISPOSITION OR RESOLUTION OF PENDING OR POSSIBLE CRIMINAL CHARGES, FINANCIAL BENEFIT NOT ASSOCIATED WITH USUAL WITNESS APPEARANCE, OR OTHER SUBSTANTIAL BENE- FIT FOR HIMSELF OR HERSELF OR ANOTHER PERSON. 2. THE TESTIMONY OF AN INFORMANT AGAINST THE DEFENDANT MAY BE ADMITTED INTO EVIDENCE ONLY IF THE PROSECUTION PRESENTS EVIDENCE INDEPENDENT OF THE INFORMANT'S TESTIMONY THAT TENDS TO CONNECT THE DEFENDANT TO THE COMMISSION OF THE OFFENSE. 3. (A) UNLESS EARLIER DISCLOSURE IS OTHERWISE REQUIRED BY LAW, AT A REASONABLE TIME PRIOR TO TRIAL OR ENTRY OF A GUILTY PLEA, THE PROSE- CUTION SHALL DISCLOSE TO THE COURT AND THE DEFENSE THE EVIDENCE IT CLAIMS TO BE CORROBORATIVE OF THE INFORMANT'S INFORMATION TENDING TO CONNECT THE DEFENDANT WITH THE OFFENSE. AT A REASONABLE TIME PRIOR TO TRIAL THE COURT SHALL DETERMINE WHETHER, WITHOUT THE INFORMANT'S TESTI- MONY, THE PROSECUTOR'S PROPOSED EVIDENCE TENDS TO CONNECT THE DEFENDANT TO THE OFFENSE. IF THE COURT FINDS THAT THE PROPOSED INDEPENDENT EVIDENCE TENDS TO CONNECT THE DEFENDANT TO THE OFFENSE, THE INFORMANT SHALL BE PERMITTED TO GIVE TESTIMONY AT A TRIAL. IF THE PROSECUTION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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