Bill Text: NY A04239 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to enhancing criminal investigations and prosecutions in relation to the integrity of statements of those accused of crimes and the integrity of eyewitness identifications.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2018-01-16 - committed to codes [A04239 Detail]
Download: New_York-2017-A04239-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4239 2017-2018 Regular Sessions IN ASSEMBLY February 1, 2017 ___________ Introduced by M. of A. LENTOL, O'DONNELL, SEPULVEDA, QUART -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the family court act and the executive law, in relation to statements of those accused of crimes and eyewitness identifications, to enhance criminal investigations and prosecutions and to promote confidence in the criminal justice system of this state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 60.45 of the criminal procedure law is amended by 2 adding a new subdivision 3 to read as follows: 3 3. (a) When a person is subject to interrogation by a public servant 4 at a detention facility, and the public servant is aware or has reason 5 to suspect that the person interrogated committed a crime under investi- 6 gation by such public servant or a law enforcement entity associated 7 with such public servant, the entire interrogation, including the giving 8 of any required advice of the rights of the individual being questioned, 9 and the waiver of any rights by the individual, shall be recorded by an 10 appropriate video recording device, if the interrogation involves a 11 class A-1 felony or a violent felony offense as defined in section 70.02 12 of the penal law. The interrogation shall be recorded in a manner such 13 that the persons in the recording are shown and the speech is intelligi- 14 ble. Such recording may also be conducted outside of a detention facil- 15 ity. For purposes of this paragraph, the term "detention facility" 16 shall mean a police station, correctional facility, holding facility for 17 prisoners, prosecutor's office or other facility where persons are held 18 in detention in connection with criminal charges that have been or may 19 be filed against them. 20 (b) No confession, admission or other statement shall be subject to a 21 motion to suppress pursuant to subdivision three of section 710.20 of 22 this chapter based solely upon the failure to video record such interro- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03939-02-7A. 4239 2 1 gation in a detention facility as defined in paragraph (a) of this 2 subdivision. However, when the people offer into evidence against a 3 defendant a confession, admission or other statement made by a person 4 with respect to an alleged offense specified in paragraph (a) of this 5 subdivision that has not been video recorded, the court shall consider 6 the failure to record as a factor, in accordance with paragraph (c) of 7 this subdivision, in determining whether such confession, admission or 8 other statement shall be admissible. 9 (c) Notwithstanding the requirement of paragraph (a) of this subdivi- 10 sion, following a written motion of the prosecutor asserting good cause 11 pursuant to this paragraph, filed within the time periods specified in 12 section 710.30 of this chapter, and after an opportunity for a hearing, 13 upon clear and convincing proof of such good cause, the court may find 14 that such interrogation need not have been recorded. Such good cause may 15 include the following: 16 (i) The video recording equipment malfunctioned while the recording of 17 the interrogation was attempted. 18 (ii) Video recording equipment was not reasonably available because it 19 was being used to record other interrogations in accordance with this 20 section, and no such interrogation could reasonably have been delayed. 21 (iii) The statement was made in response to pedigree questions that 22 are reasonably and routinely asked during arrest processing. 23 (iv) The statement was made spontaneously by the individual and not in 24 response to questioning by a public servant. 25 (v) The statement was made during an interrogation that was conducted 26 when the interviewer was unaware and had no reason to suspect that a 27 qualifying offense may have occurred. 28 (vi) The statement was made after the individual voluntarily, and 29 without express or implied encouragement by a public servant, refused to 30 participate in the interrogation if recorded, and the circumstances of 31 the refusal were recorded or, if such a record of the refusal was 32 refused as well, reasonably contemporaneous documentation of the circum- 33 stances of the refusal was made. 34 (vii) It was the reasonable belief of the appropriate law enforcement 35 official or officials that a video recording would jeopardize the safety 36 of a specific person or persons or reveal the identity of one or more 37 specific confidential informants, and reasonably contemporaneous 38 documentation of the circumstances of such belief was made. 39 (viii) Such statement was made at a location not equipped with an 40 appropriate recording device, it was not reasonably possible, under the 41 circumstances, to bring equipment to such location or transfer the indi- 42 vidual to a detention facility for interrogation, and the reason for 43 using such location was not to subvert the intent of the law. For 44 purposes of this section, the term "location" shall include those 45 locations specified in paragraph (b) of subdivision four of section 46 305.2 of the family court act. 47 (d) In the event that an interrogation that qualified for recording 48 under paragraph (a) of this subdivision was not recorded and the court 49 determines that the non-recorded, alleged confession, admission or other 50 statement is lawfully admissible, then, upon request of the defendant, 51 the court must instruct the jury that the law generally requires record- 52 ing under such circumstances and that the people's failure to record the 53 defendant's alleged confession, admission or other statement may be 54 considered in its deliberations, including, but not limited to, in 55 determining whether such alleged confession, admission or other state- 56 ment was voluntarily made, is accurate or truthful, or was made at all.A. 4239 3 1 When so instructing the jury, if the court has found that good cause for 2 non-recording existed in accordance with paragraph (c) of this subdivi- 3 sion, the court, at the request of the people, shall advise the jury of 4 the factor or factors set forth in paragraph (c) of this subdivision 5 that the court found to be proved, without disclosing the court's find- 6 ing with respect thereto, and advise the jury that it may make an inde- 7 pendent determination concerning what weight, if any, to give to the 8 failure to record. 9 (e) Video recording as required by this section shall be conducted in 10 accordance with standards consistent with this subdivision established 11 in regulations by the division of criminal justice services. 12 § 2. Subdivision 8 of section 305.2 of the family court act, as 13 amended by chapter 398 of the laws of 1983, is amended and a new subdi- 14 vision 5-a is added to read as follows: 15 5-a. When at any time a child is subject to interrogation by a public 16 servant at a facility designated by the chief administrator of the 17 courts as a suitable place for the questioning of juveniles pursuant to 18 subdivision four of this section, and the public servant is aware or has 19 reason to suspect that the child interrogated committed an act that 20 would be a crime if committed by an adult and which is under investi- 21 gation by such public servant or a law enforcement entity associated 22 with such public servant, the entire interrogation, including the giving 23 of any required notice to the child as to his or her rights and his or 24 her waiver of any rights, shall be video recorded and governed in 25 accordance with the provisions of subdivision three of section 60.45 of 26 the criminal procedure law. The interrogation shall be recorded in a 27 manner such that the persons in the recording are shown and the speech 28 is intelligible. A copy of the recording shall be subject to discovery 29 pursuant to section 331.2 of this article. This subdivision shall not 30 apply to a statement made to the probation service, in accordance with 31 subdivision seven of section 308.1 of this part, except when such state- 32 ment may be admissible under such subdivision seven of section 308.1. 33 8. In determining the suitability of questioning and determining the 34 reasonable period of time for questioning such a child, the child's age, 35 the presence or absence of his or her parents or other persons legally 36 responsible for his or her care [and], notification pursuant to subdivi- 37 sion three and, where the child has been interrogated at a facility 38 designated by the chief administrator of the courts as a suitable place 39 for the questioning of juveniles, whether the interrogation was in 40 compliance with the video-recording and disclosure requirements of 41 subdivision five-a of this section shall be included among relevant 42 considerations. 43 § 3. Subdivision 3 of section 344.2 of the family court act is renum- 44 bered subdivision 4 and a new subdivision 3 is added to read as follows: 45 3. When at any time a child is subject to interrogation by a public 46 servant at a facility designated by the chief administrator of the 47 courts as a suitable place for the questioning of juveniles pursuant to 48 subdivision four of section 305.2 of this article, and the public serv- 49 ant is aware or has reason to suspect that the child interrogated 50 committed an act that would constitute a crime if committed by an adult 51 and which is under investigation by such public servant or a law 52 enforcement entity associated with such public servant, the entire 53 interrogation, including the giving of any required notice to the child 54 as to his or her rights and his or her waiver of any rights, shall be 55 video recorded and governed in accordance with the provisions of subdi- 56 vision three of section 60.45 of the criminal procedure law. The inter-A. 4239 4 1 rogation shall be recorded in a manner such that the persons in the 2 recording are shown and the speech is intelligible. A copy of the 3 recording shall be subject to discovery pursuant to section 331.2 of 4 this article. This subdivision shall not apply to a statement made to 5 the probation service, in accordance with subdivision seven of section 6 308.1 of this article, except when such statement may be admissible 7 under such subdivision seven of section 308.1. 8 § 4. Section 60.25 of the criminal procedure law, subparagraph (ii) of 9 paragraph (a) of subdivision 1 as amended by chapter 479 of the laws of 10 1977, is amended to read as follows: 11 § 60.25 Rules of evidence; identification by means of previous recogni- 12 tion, in absence of present identification. 13 1. In any criminal proceeding in which the defendant's commission of 14 an offense is in issue, testimony as provided in subdivision two may be 15 given by a witness when: 16 (a) Such witness testifies that: 17 (i) He or she observed the person claimed by the people to be the 18 defendant either at the time and place of the commission of the offense 19 or upon some other occasion relevant to the case; and 20 (ii) On a subsequent occasion he or she observed, under circumstances 21 consistent with such rights as an accused person may derive under the 22 constitution of this state or of the United States, a person or, where 23 the observation is made pursuant to a blind procedure as defined in 24 paragraph (c) of this subdivision, a pictorial, photographic, electron- 25 ic, filmed or video recorded reproduction of a person whom he or she 26 recognized as the same person whom he or she had observed on the first 27 or incriminating occasion; and 28 (iii) He or she is unable at the proceeding to state, on the basis of 29 present recollection, whether or not the defendant is the person in 30 question; and 31 (b) It is established that the defendant is in fact the person whom 32 the witness observed and recognized or whose pictorial, photographic, 33 electronic, filmed or video recorded reproduction the witness observed 34 and recognized on the second occasion. Such fact may be established by 35 testimony of another person or persons to whom the witness promptly 36 declared his or her recognition on such occasion and by such pictorial, 37 photographic, electronic, filmed or video recorded reproduction. 38 (c) (i) For purposes of this section, a "blind procedure" is one in 39 which the witness identifies a person in an array of pictorial, photo- 40 graphic, electronic, filmed or video recorded reproductions under 41 circumstances that comply with the applicable provisions of section 42 60.80 of the criminal procedure law and the protocols promulgated in 43 accordance with subdivision twenty-one of section eight hundred thirty- 44 seven of the executive law and where, at the time the identification is 45 made, each public servant administering such procedure and with whom the 46 witness communicates with respect to the conducting of such procedure 47 does not know which person in the array is the suspect. 48 (ii) The failure of a public servant to follow such a procedure shall 49 result in the preclusion of testimony regarding the identification 50 procedure as evidence in chief, but shall not, in and of itself, consti- 51 tute a legal basis to suppress evidence in response to a motion made 52 pursuant to subdivision six of section 710.20 of this chapter. This 53 paragraph, in and of itself, neither limits nor expands subdivision six 54 of section 710.20 of this chapter. 55 2. Under circumstances prescribed in subdivision one of this section, 56 such witness may testify at the criminal proceeding that the person whomA. 4239 5 1 he or she observed and recognized or whose pictorial, photographic, 2 electronic, filmed or video recorded reproduction he or she observed and 3 recognized on the second occasion is the same person whom he or she 4 observed on the first or incriminating occasion. Such testimony, 5 together with the evidence that the defendant is in fact the person whom 6 the witness observed and recognized or whose pictorial, photographic, 7 electronic, filmed or video recorded reproduction he or she observed and 8 recognized on the second occasion, constitutes evidence in chief. 9 § 5. Section 60.30 of the criminal procedure law, as amended by chap- 10 ter 479 of the laws of 1977, is amended to read as follows: 11 § 60.30 Rules of evidence; identification by means of previous recogni- 12 tion, in addition to present identification. 13 In any criminal proceeding in which the defendant's commission of an 14 offense is in issue, a witness who testifies that (a) he or she observed 15 the person claimed by the people to be the defendant either at the time 16 and place of the commission of the offense or upon some other occasion 17 relevant to the case, and (b) on the basis of present recollection, the 18 defendant is the person in question and (c) on a subsequent occasion he 19 or she observed the defendant, or where the observation is made pursuant 20 to a blind procedure, as defined in paragraph (c) of subdivision one of 21 section 60.25 of this article, a pictorial, photographic, electronic, 22 filmed or video recorded reproduction of the defendant, under circum- 23 stances consistent with such rights as an accused person may derive 24 under the constitution of this state or of the United States, and then 25 also recognized him or her or the pictorial, photographic, electronic, 26 filmed or video recorded reproduction of him or her as the same person 27 whom he or she had observed on the first or incriminating occasion, may, 28 in addition to making an identification of the defendant at the criminal 29 proceeding on the basis of present recollection as the person whom he or 30 she observed on the first or incriminating occasion, also describe his 31 or her previous recognition of the defendant and testify that the person 32 whom he or she observed or whose pictorial, photographic, electronic, 33 filmed or video recorded reproduction he or she observed on such second 34 occasion is the same person whom he or she had observed on the first or 35 incriminating occasion. Such testimony and such pictorial, photograph- 36 ic, electronic, filmed or video recorded reproduction constitutes 37 evidence in chief. 38 § 6. The criminal procedure law is amended by adding a new section 39 60.80 to read as follows: 40 § 60.80 Eyewitness identification procedures. 41 In any array and any live lineup identification procedure conducted by 42 a public servant, the following procedures shall be followed: 43 1. The identification procedure shall be conducted as a "blind proce- 44 dure" as defined in subparagraph (i) of paragraph (c) of subdivision one 45 of section 60.25 of this article. 46 2. Prior to any such identification procedure, the eyewitness shall be 47 instructed that: 48 (a) the perpetrator may or may not be among the persons in the iden- 49 tification procedure; 50 (b) the administrator does not know who the perpetrator is; 51 (c) the eyewitness should not feel compelled to make an identifica- 52 tion; 53 (d) the investigation will continue whether or not an identification 54 is made; andA. 4239 6 1 (e) the procedure requires the administrator to ask and then document 2 a statement, made in the witness's own words, of the witness's level of 3 confidence in the accuracy of any identification. 4 3. (a) Unless impracticable, the photograph of the suspect used in a 5 photo array shall be contemporary and resemble the suspect's appearance 6 at the time of the offense. When such is impracticable, the investigator 7 shall document, in reasonably contemporaneous written form, the reasons 8 therefor. 9 (b) In a photo array, there shall be no characteristics of the photo- 10 graphs themselves or the background on which they are placed that would 11 make any photograph stand out. 12 (c) A photo array or live lineup shall be composed so that the fillers 13 generally resemble the eyewitness's description of the perpetrator, 14 while ensuring that the suspect does not stand out from the fillers. 15 (d) If there are multiple eyewitnesses, each eyewitness shall view the 16 photo array or live lineup separately, the suspect shall be placed in a 17 different position in the live lineup and/or photo array for each 18 eyewitness, and the eyewitnesses shall not be permitted to communicate 19 with each other until all of the identification procedures have been 20 completed. 21 4. (a) Nothing shall be said to an eyewitness that might influence his 22 or her identification of any particular person in the live lineup or 23 photo array. 24 (b) If the eyewitness identifies a person as the perpetrator, the 25 eyewitness shall not be provided any information concerning such person 26 before the administrator obtains the eyewitness's confidence statement 27 about the selection. 28 5. (a) A record of the identification procedure shall be made that 29 includes all identification and non-identification results obtained 30 during the identification procedures. 31 (b) (i) A video recording shall be made of the entire identification 32 procedure, including but not limited to the setting up of the procedure 33 and the instructions and statements of witnesses and the statement or 34 statements made in compliance with paragraph (e) of subdivision two of 35 this section. 36 (ii) Notwithstanding the requirements of subparagraph (i) of this 37 paragraph, following a written motion of the prosecutor, and after an 38 opportunity for a hearing, the court may find that a video recording was 39 not required if the people show by clear and convincing evidence that 40 (A) the video recording equipment malfunctioned while the recording of 41 the identification procedure was attempted; (B) video recording equip- 42 ment was not reasonably available because it was being used to record 43 other identification procedures in accordance with this section, and no 44 such identification procedure could reasonably have been delayed; or (C) 45 such identification procedure was made at a location not equipped with 46 an appropriate recording device, it was not reasonably possible, under 47 the circumstances, to bring equipment to such location or move the 48 procedure to a location at which appropriate video recording was avail- 49 able, and the reason for using the location was not to subvert the 50 intent of the law. 51 (iii) Video recording, as required by this paragraph, shall be 52 conducted in accordance with standards consistent with this paragraph 53 established in regulations by the division of criminal justice services. 54 6. The following definitions shall apply to this section: 55 (a) "Blind" means at the time the identification is made, each public 56 servant administering the identification procedure and with whom theA. 4239 7 1 witness communicates does not know which person in the array is the 2 suspect. 3 (b) "Eyewitness" or "witness" means a person who observes another 4 person at or near the scene of an offense or upon some other occasion 5 relevant to the investigation or case. 6 (c) "Filler" means either a person or a photograph of a person who is 7 not suspected of the offense under investigation and is included in an 8 identification procedure. 9 (d) "Identification procedure" means a live lineup or a photo array. 10 (e) "Live lineup" means an identification procedure in which a group 11 of persons, including the suspected perpetrator of an offense and other 12 persons not suspected of the offense, is displayed to an eyewitness for 13 the purpose of determining whether the eyewitness identifies the suspect 14 as the perpetrator. 15 (f) "Array" means any photographic array. 16 (g) "Photographic array" or "photo array" means an identification 17 procedure in which an array of photographs, including a photograph of 18 the suspected perpetrator of an offense and other persons not suspected 19 of the offense, is displayed to an eyewitness either in hard copy form 20 or via computer for the purpose of determining whether the eyewitness 21 identifies the suspect as the perpetrator. 22 § 7. Subdivision 6 of section 710.20 of the criminal procedure law, as 23 amended by chapter 8 of the laws of 1976 and as renumbered by chapter 24 481 of the laws of 1983, is amended to read as follows: 25 6. Consists of potential testimony regarding an observation of the 26 defendant either at the time or place of the commission of the offense 27 or upon some other occasion relevant to the case, which potential testi- 28 mony would not be admissible upon the prospective trial of such charge 29 owing to an improperly made previous identification of the defendant or 30 identification of a pictorial, photographic, electronic, filmed or video 31 recorded reproduction of the defendant by the prospective witness. A 32 claim that such previous identification of the defendant or identifica- 33 tion of a pictorial, photographic, electronic, filmed or video recorded 34 reproduction of the defendant by a prospective witness did not comply 35 with paragraph (c) of subdivision one of section 60.25 or section 60.80 36 of this chapter or with the protocols promulgated in accordance with 37 subdivision twenty-one of section eight hundred thirty-seven of the 38 executive law shall not, in and of itself, constitute a legal basis to 39 suppress evidence in response to a motion made pursuant to this subdivi- 40 sion. 41 § 8. Subdivision 1 of section 710.30 of the criminal procedure law, as 42 separately amended by chapters 8 and 194 of the laws of 1976, is amended 43 to read as follows: 44 1. Whenever the people intend to offer at a trial (a) evidence of a 45 statement made by a defendant to a public servant, which statement if 46 involuntarily made would render the evidence thereof suppressible upon 47 motion pursuant to subdivision three of section 710.20 of this article, 48 or (b) testimony regarding an observation of the defendant either at the 49 time or place of the commission of the offense or upon some other occa- 50 sion relevant to the case, to be given by a witness who has previously 51 identified him or her or a pictorial, photographic, electronic, filmed 52 or video recorded reproduction of him or her as such, they must serve 53 upon the defendant a notice of such intention, specifying the evidence 54 intended to be offered. 55 § 9. Section 343.3 of the family court act, as added by chapter 920 of 56 the laws of 1982, is amended to read as follows:A. 4239 8 1 § 343.3. Rules of evidence; identification by means of previous recog- 2 nition in absence of present identification. 1. In any juvenile delin- 3 quency proceeding in which the respondent's commission of a crime is in 4 issue, testimony as provided in subdivision two may be given by a 5 witness when: 6 (a) such witness testifies that: 7 (i) he or she observed the person claimed by the presentment agency to 8 be the respondent either at the time and place of the commission of the 9 crime or upon some other occasion relevant to the case; and 10 (ii) on a subsequent occasion he or she observed, under circumstances 11 consistent with such rights as an accused person may derive under the 12 constitution of this state or of the United States, a person, or, where 13 the observation is made pursuant to a blind procedure as defined in 14 paragraph (c) of this subdivision, a pictorial, photographic, electron- 15 ic, filmed or video recorded reproduction of a person whom he or she 16 recognized as the same person whom he or she had observed on the first 17 incriminating occasion; and 18 (iii) he or she is unable at the proceeding to state, on the basis of 19 present recollection, whether or not the respondent is the person in 20 question; and 21 (b) it is established that the respondent is in fact the person whom 22 the witness observed and recognized or whose pictorial, photographic, 23 electronic, filmed or video recorded reproduction the witness observed 24 and recognized on the second occasion. Such fact may be established by 25 testimony of another person or persons to whom the witness promptly 26 declared his or her recognition on such occasion and by such pictorial, 27 photographic, electronic, filmed or video recorded reproduction. 28 (c) (i) For purposes of this section, a "blind procedure" is one in 29 which the witness identifies a person in an array of pictorial, photo- 30 graphic, electronic, filmed or video recorded reproductions under 31 circumstances that comply with the applicable provisions of section 32 60.80 of the criminal procedure law and the protocols promulgated in 33 accordance with subdivision twenty-one of section eight hundred thirty- 34 seven of the executive law and where, at the time the identification is 35 made, each public servant administering such procedure and with whom the 36 witness communicates with respect to the conducting of such procedure 37 does not know which person in the array is the suspect. 38 (ii) The failure of a public servant to follow such a procedure shall 39 result in the preclusion of testimony regarding the identification 40 procedure as evidence in chief, but shall not, in of of itself, consti- 41 tute a legal basis to suppress evidence made pursuant to subdivision six 42 of section 710.20 of the criminal procedure law. This paragraph, in and 43 of itself, neither limits nor expands subdivision six of section 710.20 44 of the criminal procedure law. 45 2. Under circumstances prescribed in subdivision one of this section, 46 such witness may testify at the proceeding that the person whom he or 47 she observed and recognized or whose pictorial, photographic, electron- 48 ic, filmed or video recorded reproduction he or she observed and recog- 49 nized on the second occasion is the same person whom he or she observed 50 on the first or incriminating occasion. Such testimony, together with 51 the evidence that the respondent is in fact the person whom the witness 52 observed and recognized or whose pictorial, photographic, electronic, 53 filmed or video recorded reproduction he or she observed and recognized 54 on the second occasion, constitutes evidence in chief. 55 § 10. Section 343.4 of the family court act, as added by chapter 920 56 of the laws of 1982, is amended to read as follows:A. 4239 9 1 § 343.4. Rules of evidence; identification by means of previous recog- 2 nition, in addition to present identification. In any juvenile delin- 3 quency proceeding in which the respondent's commission of a crime is in 4 issue, a witness who testifies that: (a) he or she observed the person 5 claimed by the presentment agency to be the respondent either at the 6 time and place of the commission of the crime or upon some other occa- 7 sion relevant to the case, and (b) on the basis of present recollection, 8 the respondent is the person in question, and (c) on a subsequent occa- 9 sion he or she observed the respondent, or, where the observation is 10 made pursuant to a blind procedure, a pictorial, photographic, electron- 11 ic, filmed or video recorded reproduction of the respondent under 12 circumstances consistent with such rights as an accused person may 13 derive under the constitution of this state or of the United States, and 14 then also recognized him or her or the pictorial, photographic, elec- 15 tronic, filmed or video recorded reproduction of him or her as the same 16 person whom he or she had observed on the first or incriminating occa- 17 sion, may, in addition to making an identification of the respondent at 18 the delinquency proceeding on the basis of present recollection as the 19 person whom he or she observed on the first or incriminating occasion, 20 also describe his or her previous recognition of the respondent and 21 testify that the person whom he or she observed or whose pictorial, 22 photographic, electronic, filmed or video recorded reproduction he or 23 she observed on such second occasion is the same person whom he or she 24 had observed on the first or incriminating occasion. Such testimony and 25 such pictorial, photographic, electronic, filmed or video recorded 26 reproduction constitutes evidence in chief. For purposes of this 27 section, a "blind procedure" shall be as defined in subparagraph (i) of 28 paragraph (c) of subdivision one of section 343.3 of this part. 29 § 11. Section 837 of the executive law is amended by adding a new 30 subdivision 21 to read as follows: 31 21. Promulgate by regulation a standardized and detailed written 32 protocol that is grounded in evidence-based principles for the adminis- 33 tration of photographic array and live lineup identification procedures 34 for police agencies and standardized forms for use by such agencies in 35 the reporting and recording of such identification procedure. Such 36 protocol shall be consistent in all respects with section 60.80 of the 37 criminal procedure law. 38 § 12. Subdivision 4 of section 840 of the executive law is amended by 39 adding a new paragraph (c) to read as follows: 40 (c) Disseminate the written policies and procedures promulgated in 41 accordance with section 60.80 of the criminal procedure law and subdivi- 42 sion twenty-one of section eight hundred thirty-seven of this article to 43 all police departments and law enforcement agencies in this state and 44 implement a training program for all current and new police officers and 45 for relevant law enforcement officials regarding the policies and proce- 46 dures established pursuant to section 60.80 of the criminal procedure 47 law and subdivision twenty-one of section eight hundred thirty-seven of 48 this article. 49 § 13. This act shall take effect on the ninetieth day after it shall 50 have become a law.
