Bill Text: NY S07041 | 2011-2012 | General Assembly | Amended

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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) 2012-05-17 - PRINT NUMBER 7041A [S07041 Detail]

Download: New_York-2011-S07041-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7041--A
                                   I N  S E N A T E
                                    April 25, 2012
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Judiciary  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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.
                                                                  LBD15499-02-2