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