S1274-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 6, 2011: REFERRED TO CODES

S1274-2011 Memo

BILL NUMBER:S1274

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to requiring a police
identification line-up to be conducted sequentially

PURPOSE:

To require law enforcement officials who require witnesses to identify
possible defendants via a police line-up to be shown each possible
defendant one at a time instead of by a traditional police "line-up"

SUMMARY OF PROVISIONS:

Section 1 amends paragraph (b) of subdivision 2 of section 240.40 of the
criminal procedure law, as added by chapter 412 of the laws of 1979 to
require law enforcement officials who order defendants appear in a
police lineup to appear sequentially, one defendant at a time as opposed
to simultaneously.

EXISTING LAW:

Existing law states that law enforcement officials may order a defendant
to provide non-testimonial evidence, including a "line-up" but does not
require this to be sequential. Therefore the defendant may be lined-up
with other possible defendants for witness identification purposes.

JUSTIFICATION:

In 2002, Staten Island police officers conducted the first
court-ordered sequential line-up in New York. The line-up was ordered by
Criminal Court Judge Salvador J. Medico. Unlike standard simultaneous
line-ups, sequential line-ups force witnesses to view suspects one at a
time. According to scientific research, simultaneous line-ups can lead
to false identifications by inducing witnesses to choose the person in
the line-up that most resembles the suspect. (Source: Perorate, Tom
"First Sequential Lineup is Held in Staten Island", New York Law Journal
4/29/02).  It is worth
the extra few minutes for police to conduct a sequential
line-up, as opposed to a simultaneous one in order to preserve the
integrity of the criminal justice system.

LEGISLATIVE HISTORY:

2003-04 S.3839 Died in Senate Codes Committee
2005-06 S.4526 Died in Senate Codes Committee
2007:   S.1808 (Duane), Died in Codes; A.8312 (Kavanagh), Died in Codes
2008:   S.1808 (Duane), Died in Codes; A.8312 (Kavanagh), Died in Codes
2009:   S.4758 (Duane), Died in Codes; A.512 (Kavanagh), Died in Codes
2010:   S.4758 (Duane), Died in Codes; A.512 (Kavanagh), Died in Codes
FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:


Minimal.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the
date on which it shall have become law.

S1274-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1274
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by  Sen.  DUANE  -- 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  a
 police identification line-up to be conducted sequentially
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraph (b) of subdivision 2 of  section  240.40  of  the
 criminal  procedure law, as added by chapter 412 of the laws of 1979, is
 amended to read as follows:

 (b) may order the defendant to provide non-testimonial evidence.  Such
 order may, among other things, require the defendant to:

 (i) Appear in a SEQUENTIAL line-up, ONE DEFENDANT AT A TIME;
 (ii) Speak for identification by witness or potential witness;
 (iii) Be fingerprinted;
 (iv) Pose for photographs not involving reenactment of an event;
 (v)  Permit  the  taking  of samples of blood, hair or other materials
 from his body in a manner not involving an unreasonable intrusion there
 of or a risk of serious physical injury thereto;
 (vi) Provide specimens of his handwriting;
 (vii) Submit to a reasonable physical or  medical  inspection  of  his
 body.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01001-01-1

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