Requires all interrogations to be videotaped.
TITLE OF BILL: An act to amend the criminal procedure law, in relation to videotaping interrogations
PURPOSE: To amend the criminal procedure law, in relation to videotaping interrogations.
SUMMARY OF PROVISIONS: Requires that all interrogations of suspects in police custody be recorded in their entirety.
EXISTING LAW: New bill.
JUSTIFICATION: Among many instances in the past including the case of the Central Park 5 (5 young men accused of raping a jogger in Central Park who were later exonerated by DNA evidence and a confession from the real rapist) recent findings report that New York State has had 23 wrongful convictions overturned through DNA evidence, 10 of which innocent people falsely confessed to. Though even one case is too many, considering how few cases involve DNA it is a safe assumption that these 10 cases only represent a fraction of the overall number of cases of wrongful convictions based on false confessions. Therefore any measure to improve the integrity of confessions and protect the accused as well as the police should be taken. Just taping confessions does not show what steps led up to the confession made. Videotaping interrogations in their entirety from beginning to end will allow better insight as to how the confession was brought about from point A to point B. This will help reduce the number of wrongful convictions which is not only helpful to those who are wrongly accused but also helps to increase public safety. In cases where the wrong person is behind bars, the actual criminal is still out committing crimes which puts us all at risk.
LEGISLATIVE HISTORY: 2010: Referred to Codes (S.1082) 2009: Referred to Codes (S.1082) 2008: Referred to Codes (S.6520) 2007: Referred to Rules (S.6520)
FISCAL IMPLICATIONS: Unable to be determined at this time.
LOCAL FISCAL IMPLICATIONS: Unable to be determined at this time.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1377 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________Introduced by Sens. PERKINS, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, SMITH -- 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 videotaping interrogations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new arti- cle 66 to read as follows: ARTICLE 66 VIDEOTAPING INTERROGATIONS SECTION 66.10. VIDEOTAPING INTERROGATIONS. S 66.10 VIDEOTAPING INTERROGATIONS. 1. ALL INTERROGATIONS OF SUSPECTS, IN POLICE CUSTODY, SHALL BE RECORDED, IN THEIR ENTIRETY, ON VIDEOTAPE OF REASONABLE CLARITY AND AUDIBILITY. THEREAFTER, THE VIDEOTAPES SHALL BE SEALED, WHEREUPON SUCH VIDEOTAPES SHALL BE UNSEALED AND MADE AVAILABLE ONLY WHERE THEY ARE REQUIRED FOR PRODUCTION FOR TRIAL, EVIDENTIARY PURPOSES, OR WHERE THE INDIVIDUAL WHO IS THE SUBJECT OF THE VIDEOTAPE, OR HIS OR HER REPRESEN- TATIVE, REQUESTS SUCH TAPE. ALL SEALED VIDEOTAPES REPRESENTING INTERRO- GATIONS SHALL BE PRESERVED FOR AT LEAST TEN YEARS IN SUCH A MANNER AS TO MAINTAIN THE CLARITY AND AUDIBILITY OF THE VIDEOTAPE. 2. THE INTRODUCTION INTO EVIDENCE OF THE CONFESSION OF A SUSPECT, MADE TO A LAW ENFORCEMENT OFFICER DURING THE INTERROGATION PROCESS AND DOCU- MENTED ON VIDEOTAPE, SHALL BE ACCOMPANIED BY THE CORROBORATING VIDE- OTAPE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00998-01-1