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