A3609-2011 Actions

• Jan 4, 2012: referred to codes
• Jan 26, 2011: referred to codes

A3609-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3609
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 26, 2011
 
 Introduced  by M. of A. TITUS, AUBRY, MILLMAN, JAFFEE -- Multi-Sponsored
 by -- M. of A. GLICK, GOTTFRIED, McENENY,  TITONE  --  read  once  and
 referred to the Committee on Codes
 AN  ACT  to  amend  the criminal procedure law, in relation to informant
 testimony
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 60.77 to read as follows:

 

S 60.77 RULES OF EVIDENCE: TESTIMONY OF  AN  INFORMANT  WHO  IS  NOT  AN
 ACCOMPLICE.
 1. DEFINITION. AS USED IN THIS SECTION, AN "INFORMANT" IS A PERSON WHO
 IS  NOT AN ACCOMPLICE AND WHO AGREES TO PROVIDE TESTIMONY OR EVIDENCE ON
 AN UNDERSTANDING THAT HE OR SHE WILL RECEIVE A FAVORABLE DISPOSITION  OR
 RESOLUTION  OF  PENDING  OR POSSIBLE CRIMINAL CHARGES, FINANCIAL BENEFIT
 NOT ASSOCIATED WITH USUAL WITNESS APPEARANCE, OR OTHER SUBSTANTIAL BENE
 FIT FOR HIMSELF OR HERSELF OR ANOTHER PERSON.
 2. THE TESTIMONY OF AN INFORMANT AGAINST THE DEFENDANT MAY BE ADMITTED
 INTO EVIDENCE ONLY IF THE PROSECUTION PRESENTS EVIDENCE  INDEPENDENT  OF
 THE  INFORMANT'S  TESTIMONY  THAT  TENDS TO CONNECT THE DEFENDANT TO THE
 COMMISSION OF THE OFFENSE.
 3. (A) UNLESS EARLIER DISCLOSURE IS OTHERWISE REQUIRED BY  LAW,  AT  A
 REASONABLE  TIME  PRIOR  TO  TRIAL OR ENTRY OF A GUILTY PLEA, THE PROSE
 CUTION SHALL DISCLOSE TO THE COURT  AND  THE  DEFENSE  THE  EVIDENCE  IT
 CLAIMS  TO  BE  CORROBORATIVE  OF THE INFORMANT'S INFORMATION TENDING TO
 CONNECT THE DEFENDANT WITH THE OFFENSE. AT A REASONABLE  TIME  PRIOR  TO
 TRIAL  THE COURT SHALL DETERMINE WHETHER, WITHOUT THE INFORMANT'S TESTI
 MONY, THE PROSECUTOR'S PROPOSED EVIDENCE TENDS TO CONNECT THE  DEFENDANT
 TO  THE  OFFENSE.  IF  THE  COURT  FINDS  THAT  THE PROPOSED INDEPENDENT
 EVIDENCE TENDS TO CONNECT THE DEFENDANT TO THE  OFFENSE,  THE  INFORMANT
 SHALL  BE  PERMITTED  TO  GIVE  TESTIMONY AT A TRIAL. IF THE PROSECUTION
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08110-01-1
 
       A. 3609                             2
 FAILS TO MAKE THE REQUIRED SHOWING, THE INFORMANT WILL NOT BE  PERMITTED
 TO TESTIFY CONCERNING THE DEFENDANT'S ROLE IN THE OFFENSE.
 (B) AT A REASONABLE TIME PRIOR TO TRIAL OR ENTRY OF A GUILTY PLEA, THE
 PROSECUTOR  SHALL INFORM THE DEFENSE OF ANY PROMISE, BENEFIT, OR FAVORA
 BLE  DISPOSITION  GIVEN  TO  THE  INFORMANT  OR  SOMEONE  ELSE  AT   THE
 INFORMANT'S  REQUEST AND DELIVER TO THE DEFENSE ANY DOCUMENT, ELECTRONIC
 RECORD, NOTES OR OTHER RECORD OF THE PROMISE; THE CIRCUMSTANCES IN WHICH
 THE INFORMANT REVEALED THE INFORMATION; WHETHER  THE  INFORMANT  AT  ANY
 TIME RETRACTED THE INFORMATION AND THE CIRCUMSTANCES OF SUCH RETRACTION;
 THE  INFORMANT'S  RECORD  OF  CRIMINAL  CONVICTIONS  AND  PRIOR CRIMINAL
 CONDUCT; OTHER MATTERS IN WHICH THE INFORMANT HAS GIVEN AID TO OR TESTI
 FIED FOR THE PROSECUTION; AND SUCH  OTHER  INFORMATION  AS  THE  DEFENSE
 REQUESTS AND THE COURT DEEMS APPROPRIATE UNDER THE CIRCUMSTANCES.
 (C)  UPON MOTION OF THE PROSECUTOR AND ON A SHOWING THAT DISCLOSURE OF
 THE  INFORMANT'S  IDENTITY  WOULD  ENDANGER  THE  INFORMANT,  THAT   THE
 INFORMANT'S  SERVICES  TO  THE  STATE  WOULD BE UNDERMINED, OR FOR OTHER
 REASON FOUND COMPELLING BY THE COURT, THE IDENTITY OF THE INFORMANT  MAY
 BE REDACTED AND REMAIN UNDISCLOSED TO THE DEFENSE UNTIL SUCH TIME AS THE
 COURT DEEMS APPROPRIATE OR REQUIRED BY LAW.
 4.  BEFORE  THE  DEFENDANT ENTERS A GUILTY PLEA THE COURT SHALL ADVISE
 THE DEFENDANT THAT AT A TRIAL  THE  INFORMANT  COULD  BE  CROSS-EXAMINED
 CONCERNING  CREDIBILITY  AND  RELIABILITY AND THAT BY PLEADING GUILTY TO
 RESOLVE THE CASE, HE OR SHE WAIVES THE RIGHT TO CROSS-EXAMINE THE INFOR
 MANT.
 5. (A) IF THE INFORMANT'S TESTIMONY OR EVIDENCE IS ADMITTED AT  TRIAL,
 THE  COURT SHALL INSTRUCT THE JURY THAT IT SHOULD REVIEW THE RELIABILITY
 AND CREDIBILITY OF THE INFORMANT'S TESTIMONY WITH CAUTION, SCRUTINY, AND
 CARE, THAT THE JURY IS TO CONSIDER WHETHER THE TESTIMONY WAS  INFLUENCED
 BY  ANY  PROMISE  OR  BENEFIT  TO THE INFORMANT OR SOMEONE AT HIS OR HER
 REQUEST, AND SUCH OTHER FACTORS AS THE COURT  CONSIDERS  APPROPRIATE  IN
 THE CIRCUMSTANCES.
 (B) IF THE INFORMANT'S TESTIMONY OR EVIDENCE IS ADMITTED AT TRIAL, THE
 COURT  SHALL  INSTRUCT  THE  JURY  THAT  UNLESS  IT  FINDS THAT CREDIBLE
 EVIDENCE INDEPENDENT OF THAT OF THE INFORMANT'S  TENDS  TO  CONNECT  THE
 DEFENDANT TO THE OFFENSE, IT CANNOT CONSIDER THE TESTIMONY OF THE INFOR
 MANT IN MAKING ITS DECISION.
 

S  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to any criminal  proceeding  commenced
 on or after such date.

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