Assembly Bill A173

2013-2014 Legislative Session

Requires police identification line-ups to be conducted sequentially

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A173 (ACTIVE) - Details

See Senate Version of this Bill:
S826
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §240.40, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A512, S4758
2011-2012: A5917, S1274
2015-2016: A5789, S1538
2017-2018: A8549, S3245

2013-A173 (ACTIVE) - Summary

Requires police identification line-ups to be conducted sequentially, with defendants appearing one at a time.

2013-A173 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   173

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee 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.
                                                           LBD02904-01-3


              

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