Bill Text: NY S03839 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides for the admissibility of recordings and logs of inmate calls made by the department of correction of the city of New York, as business records.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO JUDICIARY [S03839 Detail]

Download: New_York-2015-S03839-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3839
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 20, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the civil practice law and rules,  in  relation  to  the
         admissibility  as  business records of recordings and logs made by the
         department of correction of the city of New York of  inmate  telephone
         calls
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Rule 4518 of the civil practice law and rules is amended by
    2  adding a new subdivision (h) to read as follows:
    3    (H) A RECORDING MADE BY THE DEPARTMENT OF CORRECTION OF  THE  CITY  OF
    4  NEW YORK OF AN INMATE'S TELEPHONE CALL, OR A LOG MADE BY SUCH DEPARTMENT
    5  CONTAINING  IDENTIFYING  INFORMATION ABOUT SUCH A CALL, SUCH AS THE TIME
    6  OF THE CALL, TELEPHONE NUMBERS OF ORIGIN AND DESTINATION  OF  THE  CALL,
    7  INMATE  IDENTIFICATION  NUMBER  USED  TO  PLACE THE CALL AND NAME OF THE
    8  INMATE ASSOCIATED WITH SUCH  IDENTIFICATION  NUMBER,  IS  ADMISSIBLE  IN
    9  EVIDENCE  UNDER THIS RULE WITHOUT FURTHER NEED FOR FOUNDATION TESTIMONY,
   10  PROVIDED THAT THE RECORDING OR LOG IS ACCOMPANIED BY A CERTIFICATION  OR
   11  AUTHENTICATION  BY A CUSTODIAN OF THE RECORDING OR LOG OR ANOTHER QUALI-
   12  FIED PERSON FROM SUCH DEPARTMENT DESIGNATED FOR THAT  PURPOSE  THAT  THE
   13  RECORDING  OR  LOG  WAS  MADE IN THE REGULAR COURSE OF SUCH DEPARTMENT'S
   14  BUSINESS, AND THAT IT WAS THE REGULAR COURSE OF SUCH  BUSINESS  TO  MAKE
   15  THE  RECORDING AT THE TIME OF THE INMATE'S TELEPHONE CALL OR TO MAKE THE
   16  LOG AT THE TIME OF THE INMATE'S TELEPHONE CALL OR  WITHIN  A  REASONABLE
   17  TIME  THEREAFTER.  PRIOR  TO  THE TRIAL OR HEARING, THE PARTY SEEKING TO
   18  INTRODUCE THE RECORDING OR LOG INTO EVIDENCE SHALL  PROVIDE  AN  ADVERSE
   19  PARTY  WITH REASONABLE WRITTEN NOTICE OF THE INTENT TO OFFER THE RECORD-
   20  ING OR LOG AND SHALL MAKE THE RECORDING OR LOG AND THE CERTIFICATION  OR
   21  AUTHENTICATION AVAILABLE FOR INSPECTION.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01106-01-5