Bill S1274-2011

Requires police identification line-ups to be conducted sequentially

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

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Jan 6, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S1274

TITLE OF BILL: An act to amend the criminal procedure law, in relation to requiring a police identification line-up to be conducted sequentially

PURPOSE:

To require law enforcement officials who require witnesses to identify possible defendants via a police line-up to be shown each possible defendant one at a time instead of by a traditional police "line-up"

SUMMARY OF PROVISIONS:

Section 1 amends paragraph (b) of subdivision 2 of section 240.40 of the criminal procedure law, as added by chapter 412 of the laws of 1979 to require law enforcement officials who order defendants appear in a police lineup to appear sequentially, one defendant at a time as opposed to simultaneously.

EXISTING LAW:

Existing law states that law enforcement officials may order a defendant to provide non-testimonial evidence, including a "line-up" but does not require this to be sequential. Therefore the defendant may be lined-up with other possible defendants for witness identification purposes.

JUSTIFICATION:

In 2002, Staten Island police officers conducted the first court-ordered sequential line-up in New York. The line-up was ordered by Criminal Court Judge Salvador J. Medico. Unlike standard simultaneous line-ups, sequential line-ups force witnesses to view suspects one at a time. According to scientific research, simultaneous line-ups can lead to false identifications by inducing witnesses to choose the person in the line-up that most resembles the suspect. (Source: Perorate, Tom "First Sequential Lineup is Held in Staten Island", New York Law Journal 4/29/02). It is worth the extra few minutes for police to conduct a sequential line-up, as opposed to a simultaneous one in order to preserve the integrity of the criminal justice system.

LEGISLATIVE HISTORY:

2003-04 S.3839 Died in Senate Codes Committee 2005-06 S.4526 Died in Senate Codes Committee 2007: S.1808 (Duane), Died in Codes; A.8312 (Kavanagh), Died in Codes 2008: S.1808 (Duane), Died in Codes; A.8312 (Kavanagh), Died in Codes 2009: S.4758 (Duane), Died in Codes; A.512 (Kavanagh), Died in Codes 2010: S.4758 (Duane), Died in Codes; A.512 (Kavanagh), Died in Codes FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1274 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed to the Committee 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.

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