A10314-2011 Actions

• May 22, 2012: referred to codes

A10314-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10314
 I N  ASSEMBLY
 May 22, 2012
 
 Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
 Committee on Codes
 

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:

 

Section 1. Rule 4518 of the civil practice law and rules is amended by
 adding a new subdivision (h) to read as follows:

 (H) A RECORDING MADE BY THE DEPARTMENT OF CORRECTION OF  THE  CITY  OF
 NEW YORK OF AN INMATE'S TELEPHONE CALL, OR A LOG MADE BY SUCH DEPARTMENT
 CONTAINING  IDENTIFYING  INFORMATION ABOUT SUCH A CALL, SUCH AS THE TIME
 OF THE CALL, TELEPHONE NUMBERS OF ORIGIN AND DESTINATION  OF  THE  CALL,
 INMATE  IDENTIFICATION  NUMBER  USED  TO  PLACE THE CALL AND NAME OF THE
 INMATE ASSOCIATED WITH SUCH  IDENTIFICATION  NUMBER,  IS  ADMISSIBLE  IN
 EVIDENCE  UNDER THIS RULE WITHOUT FURTHER NEED FOR FOUNDATION TESTIMONY,
 PROVIDED THAT THE RECORDING OR LOG IS ACCOMPANIED BY A CERTIFICATION  OR
 AUTHENTICATION  BY A CUSTODIAN OF THE RECORDING OR LOG OR ANOTHER QUALI
 FIED PERSON FROM SUCH DEPARTMENT DESIGNATED FOR THAT  PURPOSE  THAT  THE
 RECORDING  OR  LOG  WAS  MADE IN THE REGULAR COURSE OF SUCH DEPARTMENT'S
 BUSINESS, AND THAT IT WAS THE REGULAR COURSE OF SUCH  BUSINESS  TO  MAKE
 THE  RECORDING AT THE TIME OF THE INMATE'S TELEPHONE CALL OR TO MAKE THE
 LOG AT THE TIME OF THE INMATE'S TELEPHONE CALL OR  WITHIN  A  REASONABLE
 TIME  THEREAFTER.  PRIOR  TO  THE TRIAL OR HEARING, THE PARTY SEEKING TO
 INTRODUCE THE RECORDING OR LOG INTO EVIDENCE SHALL  PROVIDE  AN  ADVERSE
 PARTY  WITH REASONABLE WRITTEN NOTICE OF THE INTENT TO OFFER THE RECORD
 ING OR LOG AND SHALL MAKE THE RECORDING OR LOG AND THE CERTIFICATION  OR
 AUTHENTICATION AVAILABLE FOR INSPECTION.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15499-03-2

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