Bill Text: NY S01246 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides that procedures for obtaining photographic identification of a defendant in a criminal case be videotaped in order for the identification to be used in evidence.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2009-05-04 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01246 Detail]
Download: New_York-2009-S01246-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1246 2009-2010 Regular Sessions I N S E N A T E January 28, 2009 ___________ Introduced by Sens. THOMPSON, ONORATO, PARKER -- 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 evidence of identification by photographic videotape THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 60.27 to read as follows: 3 S 60.27 RULES OF EVIDENCE; IDENTIFICATION BY MEANS OF A PHOTOGRAPHIC 4 ARRAY; VIDEOTAPE TO BE REQUIRED. 5 NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, IN 6 ANY CIRCUMSTANCE WHERE EVIDENCE OF AN IDENTIFICATION OF A DEFENDANT BY 7 PHOTOGRAPHIC ARRAY WOULD BE OTHERWISE ADMISSIBLE IN EVIDENCE, SUCH IDEN- 8 TIFICATION SHALL NOT BE ADMISSIBLE IN EVIDENCE UNLESS PROOF OF THE 9 PROCEDURES USED IN THE IDENTIFICATION IS INTRODUCED BY VIDEOTAPE 10 EVIDENCE OF SUCH PROCEDURES. 11 S 2. This act shall take effect on the ninetieth day after it shall 12 have become a law and shall apply to any criminal action commenced after 13 such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02789-01-9