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

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A5917-2011 Actions

• Jan 4, 2012: referred to codes
• Mar 2, 2011: referred to codes

A5917-2011 Text

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

                                    5917

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                March 2, 2011
                                 ___________

  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.
                                                             LBD01001-01-1