Provides for the admissibility of recordings and logs of inmate calls made by the department of correction of the city of New York, as business records.

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S7041-2011 Actions

• May 17, 2012: PRINT NUMBER 7041A
• May 17, 2012: AMEND AND RECOMMIT TO JUDICIARY
• Apr 25, 2012: REFERRED TO JUDICIARY

S7041-2011 Text

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

                                    7041

                              I N  SENATE

                               April 25, 2012
                                 ___________

  Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Judiciary

  AN ACT to amend the civil practice law and rules,  in  relation  to  the
    admissibility  as  business records of recordings and logs made by the
    department of correction of the city of New York of  inmate  telephone
    calls

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Rule 4518 of the civil practice law and rules is amended by
  adding a new subdivision (h) to read as follows:

    (H) A RECORDING MADE BY THE DEPARTMENT OF CORRECTION OF  THE  CITY  OF
  NEW YORK OF AN INMATE'S TELEPHONE CALL, OR A LOG MADE BY SUCH DEPARTMENT
  CONTAINING  IDENTIFYING  INFORMATION ABOUT SUCH A CALL, SUCH AS THE TIME
  OF THE CALL, TELEPHONE NUMBERS OF ORIGIN AND DESTINATION  OF  THE  CALL,
  INMATE  IDENTIFICATION  NUMBER  USED  TO  PLACE THE CALL AND NAME OF THE
  INMATE ASSOCIATED WITH SUCH  IDENTIFICATION  NUMBER,  IS  ADMISSIBLE  IN
  EVIDENCE  UNDER THIS RULE WITHOUT FURTHER NEED FOR FOUNDATION TESTIMONY,
  PROVIDED THAT THE RECORDING OR LOG BEARS A CERTIFICATION OR  AUTHENTICA-
  TION BY AN EMPLOYEE FROM SUCH DEPARTMENT DESIGNATED FOR THAT PURPOSE.
    S 2. This act shall take effect immediately.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15499-01-2