New York Senate Bill 835 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 18 2009 - 25% progression, died in committee
Action: 2010-01-06 - REFERRED TO CODES
Pending: Senate Codes Committee
Text: Latest bill text (Introduced) [HTML]

Redefines an immunity recipient as a person who has been a witness in a legal proceeding and who has given evidence therein, and whose evidence (or any information directly or indirectly derived therefrom) may not be used against him in any criminal case; provides that a prosecutor may use evidence from a source independent of the defendant's immunized testimony against such immunity recipient; provides that, upon a motion by such immunity recipient to suppress such independent evidence, it shall be the burden of the prosecution to prove, beyond a reasonable doubt, that such evidence was derived from an independent source.

Redefines an immunity recipient as a person who has been a witness in a legal proceeding and who has given evidence therein, and whose evidence (or any information directly or indirectly derived therefrom) may not be used against him in any criminal case; provides that a prosecutor may use evidence from a source independent of the defendant's immunized testimony against such immunity recipient; provides that, upon a motion by such immunity recipient to suppress such independent evidence, it shall be the burden of the prosecution to prove, beyond a reasonable doubt, that such evidence was derived from an independent source.

Sen. Carl Kruger [D]

Date	Chamber	Action
2010-01-06		REFERRED TO CODES
2009-01-18		REFERRED TO CODES

Type	Source
Summary	https://assembly.state.ny.us/leg/?default_fld=&bn=S00835&term=2009&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y
Text	https://assembly.state.ny.us/leg/?default_fld=&bn=S00835&term=2009&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S00835