Requires police identification line-ups to be conducted sequentially, with defendants appearing one at a time.
- Jan 4, 2012: referred to codes
- Mar 2, 2011: referred to codes
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