Senate Bill S2419

2015-2016 Legislative Session

Creates new law on recording interrogations

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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

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2015-S2419 (ACTIVE) - Details

See Assembly Version of this Bill:
A7063
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.47, amd §§710.20 & 710.30, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7877, A5213
2011-2012: S1400, A1373
2013-2014: S1267, A4721
2017-2018: S4791

2015-S2419 (ACTIVE) - Summary

Provides that, as a general rule, any statement made during a custodial interrogation is inadmissible unless such interrogation was electronically recorded; provides exceptions as to when a statement will be admissible even if the custodial interrogation was not recorded.

2015-S2419 (ACTIVE) - Sponsor Memo

2015-S2419 (ACTIVE) - Bill Text download pdf

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

                                  2419

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced  by Sens. PERKINS, DILAN, HASSELL-THOMPSON, HOYLMAN, KRUEGER,
  MONTGOMERY, PARKER,  RIVERA,  SAMPSON,  SQUADRON  --  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 the electron-
  ic recording of 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
section 60.47 to read as follows:
S 60.47 RULES OF EVIDENCE; ELECTRONIC RECORDING OF STATEMENTS OF DEFEND-
           ANTS.
  1. DEFINITIONS. AS USED IN THIS SECTION:
  (A) "ELECTRONIC RECORDING" MEANS A  CONTEMPORANEOUS  VIDEO  AND  AUDIO
RECORDING,  OR WHERE VIDEO RECORDING IS IMPRACTICABLE, A CONTEMPORANEOUS
AUDIO RECORDING.
  (B) "CUSTODIAL INTERROGATION" MEANS ANY QUESTIONING WHICH IS CONDUCTED
IN A PLACE OF DETENTION OR DURING  WHICH  A  REASONABLE  PERSON  IN  THE
SUBJECT'S POSITION WOULD CONSIDER HIMSELF OR HERSELF TO BE IN CUSTODY.
  (C)  "PLACE OF DETENTION" MEANS A POLICE STATION, CORRECTIONAL FACILI-
TY, HOLDING  FACILITY  FOR  PRISONERS,  PROSECUTOR'S  OFFICE,  OR  OTHER
GOVERNMENT  FACILITY  WHERE  PERSONS ARE HELD IN DETENTION IN CONNECTION
WITH CRIMINAL CHARGES WHICH HAVE BEEN OR MAY BE FILED AGAINST THEM.
  2. DURING THE PROSECUTION OF A  FELONY,  AN  ORAL,  WRITTEN,  OR  SIGN
LANGUAGE  STATEMENT OF A DEFENDANT MADE DURING A CUSTODIAL INTERROGATION
SHALL BE PRESUMED INADMISSIBLE AS EVIDENCE  AGAINST  A  DEFENDANT  IN  A
CRIMINAL PROCEEDING UNLESS AN ELECTRONIC RECORDING IS MADE OF THE CUSTO-
DIAL  INTERROGATION  IN  ITS  ENTIRETY, INCLUDING ANY ADMINISTRATION AND
WAIVER, OR INVOCATION OF RIGHTS, THE RECORDING IS SUBSTANTIALLY ACCURATE
AND NOT INTENTIONALLY ALTERED, AND ALL INDIVIDUALS WHO SPEAK DURING  THE
INTERROGATION ARE IDENTIFIED BY NAME ON THE RECORDING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01871-01-5
              

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