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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7041
                                   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
       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 BEARS A CERTIFICATION OR  AUTHENTICA-
   11  TION BY AN EMPLOYEE FROM SUCH DEPARTMENT DESIGNATED FOR THAT PURPOSE.
   12    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15499-01-2