Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to codes |
Jan 25, 2013 |
referred to codes |
Assembly Bill A3367
2013-2014 Legislative Session
Sponsored By
PERRY
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
Actions
2013-A3367 (ACTIVE) - Details
2013-A3367 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3367 2013-2014 Regular Sessions I N A S S E M B L Y January 25, 2013 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to ensuring accurate fingerprint identifications and providing for a verification hearing upon arrest THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 160.30 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows: 3. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE RESPONSIBLE FOR DEVELOPING AN ADEQUATE PROCEDURE TO ENSURE THE ACCURACY OF FINGERPRINT IDENTIFICATIONS IN ORDER TO PREVENT ERRONEOUS IDENTIFICATIONS BASED UPON CLERICAL ERROR. PRIOR TO THE ARREST OF A DEFENDANT BASED UPON FINGER- PRINT IDENTIFICATION EVIDENCE, TWO DIFFERENT EMPLOYEES OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL EACH VERIFY THE ACCURACY OF SUCH FINGERPRINT IDENTIFICATION AND ACCOMPANYING INFORMATION ON RECORD AND SHALL MAINTAIN A WRITTEN RECORD OF SUCH VERIFICATIONS. S 2. The criminal procedure law is amended by adding a new section 160.35 to read as follows: S 160.35 FINGERPRINTING; VERIFICATION HEARING. UPON AN ARREST BASED ON FINGERPRINT IDENTIFICATION EVIDENCE, A DEFEND- ANT MAY FILE A MOTION CHALLENGING SUCH IDENTIFICATION WITH A PREPONDER- ANCE OF EVIDENCE AND MAY BE GRANTED AN IMMEDIATE HEARING IN THE LOCAL CRIMINAL COURT FOR THE PURPOSE OF VERIFYING THE ACCURACY OF SUCH FINGER- PRINT IDENTIFICATION AND THE POSSIBILITY OF CLERICAL OR OTHER ERROR IN SUCH IDENTIFICATION. S 3. The division of criminal justice services shall make an annual report to the state legislature and the state attorney general regarding the accuracy and efficiency of the procedure developed pursuant to the amendments made to section 160.30 of the criminal procedure law by section one of this act. The report shall include a critical review of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00064-01-3
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