Bill Text: NY A08157 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to enhancing criminal investigations and prosecutions in relation to the integrity of statements of those accused of crimes and the integrity of eyewitness identifications.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-05-13 - print number 8157b [A08157 Detail]
Download: New_York-2015-A08157-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8157--B 2015-2016 Regular Sessions IN ASSEMBLY June 10, 2015 ___________ Introduced by M. of A. LENTOL, O'DONNELL, SEPULVEDA, QUART, WRIGHT -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accord- ance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the criminal procedure law, the family court act and the executive law, in relation to statements of those accused of crimes and eyewitness identifications, to enhance criminal investigations and prosecutions and to promote confidence in the criminal justice system of this state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 60.45 of the criminal procedure law is amended by 2 adding a new subdivision 3 to read as follows: 3 3. (a) When a person is subject to interrogation by a public servant 4 at a detention facility, and the public servant is aware or has reason 5 to suspect that the person interrogated committed a crime under investi- 6 gation by such public servant or a law enforcement entity associated 7 with such public servant, the entire interrogation, including the giving 8 of any required advice of the rights of the individual being questioned, 9 and the waiver of any rights by the individual, shall be recorded by an 10 appropriate video recording device, if the interrogation involves a 11 class A-1 felony or a violent felony offense as defined in section 70.02 12 of the penal law. The interrogation shall be recorded in a manner such 13 that the persons in the recording are shown and the speech is intelligi- 14 ble. Such recording may also be conducted outside of a detention facil- 15 ity. For purposes of this paragraph, the term "detention facility" 16 shall mean a police station, correctional facility, holding facility for 17 prisoners, prosecutor's office or other facility where persons are held EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11558-04-6A. 8157--B 2 1 in detention in connection with criminal charges that have been or may 2 be filed against them. 3 (b) No confession, admission or other statement shall be subject to a 4 motion to suppress pursuant to subdivision three of section 710.20 of 5 this chapter based solely upon the failure to video record such interro- 6 gation in a detention facility as defined in paragraph (a) of this 7 subdivision. However, when the people offer into evidence against a 8 defendant a confession, admission or other statement made by a person 9 with respect to an alleged offense specified in paragraph (a) of this 10 subdivision that has not been video recorded, the court shall consider 11 the failure to record as a factor, in accordance with paragraph (c) of 12 this subdivision, in determining whether such confession, admission or 13 other statement shall be admissible. 14 (c) Notwithstanding the requirement of paragraph (a) of this subdivi- 15 sion, following a written motion of the prosecutor asserting good cause 16 pursuant to this paragraph, filed within the time periods specified in 17 section 710.30 of this chapter, and after an opportunity for a hearing, 18 upon clear and convincing proof of such good cause, the court may find 19 that such interrogation need not have been recorded. Such good cause may 20 include the following: 21 (i) The video recording equipment malfunctioned while the recording of 22 the interrogation was attempted. 23 (ii) Video recording equipment was not reasonably available because it 24 was being used to record other interrogations in accordance with this 25 section, and no such interrogation could reasonably have been delayed. 26 (iii) The statement was made in response to pedigree questions that 27 are reasonably and routinely asked during arrest processing. 28 (iv) The statement was made spontaneously by the individual and not in 29 response to questioning by a public servant. 30 (v) The statement was made during an interrogation that was conducted 31 when the interviewer was unaware and had no reason to suspect that a 32 qualifying offense may have occurred. 33 (vi) The statement was made after the individual voluntarily, and 34 without express or implied encouragement by a public servant, refused to 35 participate in the interrogation if recorded, and the circumstances of 36 the refusal were recorded or, if such a record of the refusal was 37 refused as well, reasonably contemporaneous documentation of the circum- 38 stances of the refusal was made. 39 (vii) It was the reasonable belief of the appropriate law enforcement 40 official or officials that a video recording would jeopardize the safety 41 of a specific person or persons or reveal the identity of one or more 42 specific confidential informants, and reasonably contemporaneous 43 documentation of the circumstances of such belief was made. 44 (viii) Such statement was made at a location not equipped with an 45 appropriate recording device, it was not reasonably possible, under the 46 circumstances, to bring equipment to such location or transfer the indi- 47 vidual to a detention facility for interrogation, and the reason for 48 using such location was not to subvert the intent of the law. For 49 purposes of this section, the term "location" shall include those 50 locations specified in paragraph (b) of subdivision four of section 51 305.2 of the family court act. 52 (d) In the event that an interrogation that qualified for recording 53 under paragraph (a) of this subdivision was not recorded and the court 54 determines that the non-recorded, alleged confession, admission or other 55 statement is lawfully admissible, then, upon request of the defendant, 56 the court must instruct the jury that the law generally requires record-A. 8157--B 3 1 ing under such circumstances and that the people's failure to record the 2 defendant's alleged confession, admission or other statement may be 3 considered in its deliberations, including, but not limited to, in 4 determining whether such alleged confession, admission or other state- 5 ment was voluntarily made, is accurate or truthful, or was made at all. 6 When so instructing the jury, if the court has found that good cause for 7 non-recording existed in accordance with paragraph (c) of this subdivi- 8 sion, the court, at the request of the people, shall advise the jury of 9 the factor or factors set forth in paragraph (c) of this subdivision 10 that the court found to be proved, without disclosing the court's find- 11 ing with respect thereto, and advise the jury that it may make an inde- 12 pendent determination concerning what weight, if any, to give to the 13 failure to record. 14 (e) Video recording as required by this section shall be conducted in 15 accordance with standards consistent with this subdivision established 16 in regulations by the division of criminal justice services. 17 § 2. Subdivision 8 of section 305.2 of the family court act, as 18 amended by chapter 398 of the laws of 1983, is amended and a new subdi- 19 vision 5-a is added to read as follows: 20 5-a. When at any time a child is subject to interrogation by a public 21 servant at a facility designated by the chief administrator of the 22 courts as a suitable place for the questioning of juveniles pursuant to 23 subdivision four of this section, and the public servant is aware or has 24 reason to suspect that the child interrogated committed an act that 25 would be a crime if committed by an adult and which is under investi- 26 gation by such public servant or a law enforcement entity associated 27 with such public servant, the entire interrogation, including the giving 28 of any required notice to the child as to his or her rights and his or 29 her waiver of any rights, shall be video recorded and governed in 30 accordance with the provisions of subdivision three of section 60.45 of 31 the criminal procedure law. The interrogation shall be recorded in a 32 manner such that the persons in the recording are shown and the speech 33 is intelligible. A copy of the recording shall be subject to discovery 34 pursuant to section 331.2 of this article. This subdivision shall not 35 apply to a statement made to the probation service, in accordance with 36 subdivision seven of section 308.1 of this part, except when such state- 37 ment may be admissible under such subdivision seven of section 308.1. 38 8. In determining the suitability of questioning and determining the 39 reasonable period of time for questioning such a child, the child's age, 40 the presence or absence of his or her parents or other persons legally 41 responsible for his or her care [and], notification pursuant to subdivi- 42 sion three and, where the child has been interrogated at a facility 43 designated by the chief administrator of the courts as a suitable place 44 for the questioning of juveniles, whether the interrogation was in 45 compliance with the video-recording and disclosure requirements of 46 subdivision five-a of this section shall be included among relevant 47 considerations. 48 § 3. Subdivision 3 of section 344.2 of the family court act is renum- 49 bered subdivision 4 and a new subdivision 3 is added to read as follows: 50 3. When at any time a child is subject to interrogation by a public 51 servant at a facility designated by the chief administrator of the 52 courts as a suitable place for the questioning of juveniles pursuant to 53 subdivision four of section 305.2 of this article, and the public serv- 54 ant is aware or has reason to suspect that the child interrogated 55 committed an act that would constitute a crime if committed by an adult 56 and which is under investigation by such public servant or a lawA. 8157--B 4 1 enforcement entity associated with such public servant, the entire 2 interrogation, including the giving of any required notice to the child 3 as to his or her rights and his or her waiver of any rights, shall be 4 video recorded and governed in accordance with the provisions of subdi- 5 vision three of section 60.45 of the criminal procedure law. The inter- 6 rogation shall be recorded in a manner such that the persons in the 7 recording are shown and the speech is intelligible. A copy of the 8 recording shall be subject to discovery pursuant to section 331.2 of 9 this article. This subdivision shall not apply to a statement made to 10 the probation service, in accordance with subdivision seven of section 11 308.1 of this article, except when such statement may be admissible 12 under such subdivision seven of section 308.1. 13 § 4. Section 60.25 of the criminal procedure law, subparagraph (ii) of 14 paragraph (a) of subdivision 1 as amended by chapter 479 of the laws of 15 1977, is amended to read as follows: 16 § 60.25 Rules of evidence; identification by means of previous recogni- 17 tion, in absence of present identification. 18 1. In any criminal proceeding in which the defendant's commission of 19 an offense is in issue, testimony as provided in subdivision two may be 20 given by a witness when: 21 (a) Such witness testifies that: 22 (i) He or she observed the person claimed by the people to be the 23 defendant either at the time and place of the commission of the offense 24 or upon some other occasion relevant to the case; and 25 (ii) On a subsequent occasion he or she observed, under circumstances 26 consistent with such rights as an accused person may derive under the 27 constitution of this state or of the United States, a person or, where 28 the observation is made pursuant to a blind procedure as defined in 29 paragraph (c) of this subdivision, a pictorial, photographic, electron- 30 ic, filmed or video recorded reproduction of a person whom he or she 31 recognized as the same person whom he or she had observed on the first 32 or incriminating occasion; and 33 (iii) He or she is unable at the proceeding to state, on the basis of 34 present recollection, whether or not the defendant is the person in 35 question; and 36 (b) It is established that the defendant is in fact the person whom 37 the witness observed and recognized or whose pictorial, photographic, 38 electronic, filmed or video recorded reproduction the witness observed 39 and recognized on the second occasion. Such fact may be established by 40 testimony of another person or persons to whom the witness promptly 41 declared his or her recognition on such occasion and by such pictorial, 42 photographic, electronic, filmed or video recorded reproduction. 43 (c) (i) For purposes of this section, a "blind procedure" is one in 44 which the witness identifies a person in an array of pictorial, photo- 45 graphic, electronic, filmed or video recorded reproductions under 46 circumstances that comply with the applicable provisions of section 47 60.80 of the criminal procedure law and the protocols promulgated in 48 accordance with subdivision twenty-one of section eight hundred thirty- 49 seven of the executive law and where, at the time the identification is 50 made, each public servant administering such procedure and with whom the 51 witness communicates with respect to the conducting of such procedure 52 does not know which person in the array is the suspect. 53 (ii) The failure of a public servant to follow such a procedure shall 54 result in the preclusion of testimony regarding the identification 55 procedure as evidence in chief, but shall not, in and of itself, consti- 56 tute a legal basis to suppress evidence in response to a motion madeA. 8157--B 5 1 pursuant to subdivision six of section 710.20 of this chapter. This 2 paragraph, in and of itself, neither limits nor expands subdivision six 3 of section 710.20 of this chapter. 4 2. Under circumstances prescribed in subdivision one of this section, 5 such witness may testify at the criminal proceeding that the person whom 6 he or she observed and recognized or whose pictorial, photographic, 7 electronic, filmed or video recorded reproduction he or she observed and 8 recognized on the second occasion is the same person whom he or she 9 observed on the first or incriminating occasion. Such testimony, 10 together with the evidence that the defendant is in fact the person whom 11 the witness observed and recognized or whose pictorial, photographic, 12 electronic, filmed or video recorded reproduction he or she observed and 13 recognized on the second occasion, constitutes evidence in chief. 14 § 5. Section 60.30 of the criminal procedure law, as amended by chap- 15 ter 479 of the laws of 1977, is amended to read as follows: 16 § 60.30 Rules of evidence; identification by means of previous recogni- 17 tion, in addition to present identification. 18 In any criminal proceeding in which the defendant's commission of an 19 offense is in issue, a witness who testifies that (a) he or she observed 20 the person claimed by the people to be the defendant either at the time 21 and place of the commission of the offense or upon some other occasion 22 relevant to the case, and (b) on the basis of present recollection, the 23 defendant is the person in question and (c) on a subsequent occasion he 24 or she observed the defendant, or where the observation is made pursuant 25 to a blind procedure, as defined in paragraph (c) of subdivision one of 26 section 60.25 of this article, a pictorial, photographic, electronic, 27 filmed or video recorded reproduction of the defendant, under circum- 28 stances consistent with such rights as an accused person may derive 29 under the constitution of this state or of the United States, and then 30 also recognized him or her or the pictorial, photographic, electronic, 31 filmed or video recorded reproduction of him or her as the same person 32 whom he or she had observed on the first or incriminating occasion, may, 33 in addition to making an identification of the defendant at the criminal 34 proceeding on the basis of present recollection as the person whom he or 35 she observed on the first or incriminating occasion, also describe his 36 or her previous recognition of the defendant and testify that the person 37 whom he or she observed or whose pictorial, photographic, electronic, 38 filmed or video recorded reproduction he or she observed on such second 39 occasion is the same person whom he or she had observed on the first or 40 incriminating occasion. Such testimony and such pictorial, photograph- 41 ic, electronic, filmed or video recorded reproduction constitutes 42 evidence in chief. 43 § 6. The criminal procedure law is amended by adding a new section 44 60.80 to read as follows: 45 § 60.80 Eyewitness identification procedures. 46 In any array and any live lineup identification procedure conducted by 47 a public servant, the following procedures shall be followed: 48 1. The identification procedure shall be conducted as a "blind proce- 49 dure" as defined in subparagraph (i) of paragraph (c) of subdivision one 50 of section 60.25 of this article. 51 2. Prior to any such identification procedure, the eyewitness shall be 52 instructed that: 53 (a) the perpetrator may or may not be among the persons in the iden- 54 tification procedure; 55 (b) the administrator does not know who the perpetrator is;A. 8157--B 6 1 (c) the eyewitness should not feel compelled to make an identifica- 2 tion; 3 (d) the investigation will continue whether or not an identification 4 is made; and 5 (e) the procedure requires the administrator to ask and then document 6 a statement, made in the witness's own words, of the witness's level of 7 confidence in the accuracy of any identification. 8 3. (a) Unless impracticable, the photograph of the suspect used in a 9 photo array shall be contemporary and resemble the suspect's appearance 10 at the time of the offense. When such is impracticable, the investigator 11 shall document, in reasonably contemporaneous written form, the reasons 12 therefor. 13 (b) In a photo array, there shall be no characteristics of the photo- 14 graphs themselves or the background on which they are placed that would 15 make any photograph stand out. 16 (c) A photo array or live lineup shall be composed so that the fillers 17 generally resemble the eyewitness's description of the perpetrator, 18 while ensuring that the suspect does not stand out from the fillers. 19 (d) If there are multiple eyewitnesses, each eyewitness shall view the 20 photo array or live lineup separately, the suspect shall be placed in a 21 different position in the live lineup and/or photo array for each 22 eyewitness, and the eyewitnesses shall not be permitted to communicate 23 with each other until all of the identification procedures have been 24 completed. 25 4. (a) Nothing shall be said to an eyewitness that might influence his 26 or her identification of any particular person in the live lineup or 27 photo array. 28 (b) If the eyewitness identifies a person as the perpetrator, the 29 eyewitness shall not be provided any information concerning such person 30 before the administrator obtains the eyewitness's confidence statement 31 about the selection. 32 5. (a) A record of the identification procedure shall be made that 33 includes all identification and non-identification results obtained 34 during the identification procedures. 35 (b) (i) A video recording shall be made of the entire identification 36 procedure, including but not limited to the setting up of the procedure 37 and the instructions and statements of witnesses and the statement or 38 statements made in compliance with paragraph (e) of subdivision two of 39 this section. 40 (ii) Notwithstanding the requirements of subparagraph (i) of this 41 paragraph, following a written motion of the prosecutor, and after an 42 opportunity for a hearing, the court may find that a video recording was 43 not required if the people show by clear and convincing evidence that 44 (A) the video recording equipment malfunctioned while the recording of 45 the identification procedure was attempted; (B) video recording equip- 46 ment was not reasonably available because it was being used to record 47 other identification procedures in accordance with this section, and no 48 such identification procedure could reasonably have been delayed; or (C) 49 such identification procedure was made at a location not equipped with 50 an appropriate recording device, it was not reasonably possible, under 51 the circumstances, to bring equipment to such location or move the 52 procedure to a location at which appropriate video recording was avail- 53 able, and the reason for using the location was not to subvert the 54 intent of the law.A. 8157--B 7 1 (iii) Video recording, as required by this paragraph, shall be 2 conducted in accordance with standards consistent with this paragraph 3 established in regulations by the division of criminal justice services. 4 6. The following definitions shall apply to this section: 5 (a) "Blind" means at the time the identification is made, each public 6 servant administering the identification procedure and with whom the 7 witness communicates does not know which person in the array is the 8 suspect. 9 (b) "Eyewitness" or "witness" means a person who observes another 10 person at or near the scene of an offense or upon some other occasion 11 relevant to the investigation or case. 12 (c) "Filler" means either a person or a photograph of a person who is 13 not suspected of the offense under investigation and is included in an 14 identification procedure. 15 (d) "Identification procedure" means a live lineup or a photo array. 16 (e) "Live lineup" means an identification procedure in which a group 17 of persons, including the suspected perpetrator of an offense and other 18 persons not suspected of the offense, is displayed to an eyewitness for 19 the purpose of determining whether the eyewitness identifies the suspect 20 as the perpetrator. 21 (f) "Array" means any photographic array. 22 (g) "Photographic array" or "photo array" means an identification 23 procedure in which an array of photographs, including a photograph of 24 the suspected perpetrator of an offense and other persons not suspected 25 of the offense, is displayed to an eyewitness either in hard copy form 26 or via computer for the purpose of determining whether the eyewitness 27 identifies the suspect as the perpetrator. 28 § 7. Subdivision 6 of section 710.20 of the criminal procedure law, as 29 amended by chapter 8 of the laws of 1976 and as renumbered by chapter 30 481 of the laws of 1983, is amended to read as follows: 31 6. Consists of potential testimony regarding an observation of the 32 defendant either at the time or place of the commission of the offense 33 or upon some other occasion relevant to the case, which potential testi- 34 mony would not be admissible upon the prospective trial of such charge 35 owing to an improperly made previous identification of the defendant or 36 identification of a pictorial, photographic, electronic, filmed or video 37 recorded reproduction of the defendant by the prospective witness. A 38 claim that such previous identification of the defendant or identifica- 39 tion of a pictorial, photographic, electronic, filmed or video recorded 40 reproduction of the defendant by a prospective witness did not comply 41 with paragraph (c) of subdivision one of section 60.25 or section 60.80 42 of this chapter or with the protocols promulgated in accordance with 43 subdivision twenty-one of section eight hundred thirty-seven of the 44 executive law shall not, in and of itself, constitute a legal basis to 45 suppress evidence in response to a motion made pursuant to this subdivi- 46 sion. 47 § 8. Subdivision 1 of section 710.30 of the criminal procedure law, as 48 separately amended by chapters 8 and 194 of the laws of 1976, is amended 49 to read as follows: 50 1. Whenever the people intend to offer at a trial (a) evidence of a 51 statement made by a defendant to a public servant, which statement if 52 involuntarily made would render the evidence thereof suppressible upon 53 motion pursuant to subdivision three of section 710.20 of this article, 54 or (b) testimony regarding an observation of the defendant either at the 55 time or place of the commission of the offense or upon some other occa- 56 sion relevant to the case, to be given by a witness who has previouslyA. 8157--B 8 1 identified him or her or a pictorial, photographic, electronic, filmed 2 or video recorded reproduction of him or her as such, they must serve 3 upon the defendant a notice of such intention, specifying the evidence 4 intended to be offered. 5 § 9. Section 343.3 of the family court act, as added by chapter 920 of 6 the laws of 1982, is amended to read as follows: 7 § 343.3. Rules of evidence; identification by means of previous recog- 8 nition in absence of present identification. 1. In any juvenile delin- 9 quency proceeding in which the respondent's commission of a crime is in 10 issue, testimony as provided in subdivision two may be given by a 11 witness when: 12 (a) such witness testifies that: 13 (i) he or she observed the person claimed by the presentment agency to 14 be the respondent either at the time and place of the commission of the 15 crime or upon some other occasion relevant to the case; and 16 (ii) on a subsequent occasion he or she observed, under circumstances 17 consistent with such rights as an accused person may derive under the 18 constitution of this state or of the United States, a person, or, where 19 the observation is made pursuant to a blind procedure as defined in 20 paragraph (c) of this subdivision, a pictorial, photographic, electron- 21 ic, filmed or video recorded reproduction of a person whom he or she 22 recognized as the same person whom he or she had observed on the first 23 incriminating occasion; and 24 (iii) he or she is unable at the proceeding to state, on the basis of 25 present recollection, whether or not the respondent is the person in 26 question; and 27 (b) it is established that the respondent is in fact the person whom 28 the witness observed and recognized or whose pictorial, photographic, 29 electronic, filmed or video recorded reproduction the witness observed 30 and recognized on the second occasion. Such fact may be established by 31 testimony of another person or persons to whom the witness promptly 32 declared his or her recognition on such occasion and by such pictorial, 33 photographic, electronic, filmed or video recorded reproduction. 34 (c) (i) For purposes of this section, a "blind procedure" is one in 35 which the witness identifies a person in an array of pictorial, photo- 36 graphic, electronic, filmed or video recorded reproductions under 37 circumstances that comply with the applicable provisions of section 38 60.80 of the criminal procedure law and the protocols promulgated in 39 accordance with subdivision twenty-one of section eight hundred thirty- 40 seven of the executive law and where, at the time the identification is 41 made, each public servant administering such procedure and with whom the 42 witness communicates with respect to the conducting of such procedure 43 does not know which person in the array is the suspect. 44 (ii) The failure of a public servant to follow such a procedure shall 45 result in the preclusion of testimony regarding the identification 46 procedure as evidence in chief, but shall not, in of of itself, consti- 47 tute a legal basis to suppress evidence made pursuant to subdivision six 48 of section 710.20 of the criminal procedure law. This paragraph, in and 49 of itself, neither limits nor expands subdivision six of section 710.20 50 of the criminal procedure law. 51 2. Under circumstances prescribed in subdivision one of this section, 52 such witness may testify at the proceeding that the person whom he or 53 she observed and recognized or whose pictorial, photographic, electron- 54 ic, filmed or video recorded reproduction he or she observed and recog- 55 nized on the second occasion is the same person whom he or she observed 56 on the first or incriminating occasion. Such testimony, together withA. 8157--B 9 1 the evidence that the respondent is in fact the person whom the witness 2 observed and recognized or whose pictorial, photographic, electronic, 3 filmed or video recorded reproduction he or she observed and recognized 4 on the second occasion, constitutes evidence in chief. 5 § 10. Section 343.4 of the family court act, as added by chapter 920 6 of the laws of 1982, is amended to read as follows: 7 § 343.4. Rules of evidence; identification by means of previous recog- 8 nition, in addition to present identification. In any juvenile delin- 9 quency proceeding in which the respondent's commission of a crime is in 10 issue, a witness who testifies that: (a) he or she observed the person 11 claimed by the presentment agency to be the respondent either at the 12 time and place of the commission of the crime or upon some other occa- 13 sion relevant to the case, and (b) on the basis of present recollection, 14 the respondent is the person in question, and (c) on a subsequent occa- 15 sion he or she observed the respondent, or, where the observation is 16 made pursuant to a blind procedure, a pictorial, photographic, electron- 17 ic, filmed or video recorded reproduction of the respondent under 18 circumstances consistent with such rights as an accused person may 19 derive under the constitution of this state or of the United States, and 20 then also recognized him or her or the pictorial, photographic, elec- 21 tronic, filmed or video recorded reproduction of him or her as the same 22 person whom he or she had observed on the first or incriminating occa- 23 sion, may, in addition to making an identification of the respondent at 24 the delinquency proceeding on the basis of present recollection as the 25 person whom he or she observed on the first or incriminating occasion, 26 also describe his or her previous recognition of the respondent and 27 testify that the person whom he or she observed or whose pictorial, 28 photographic, electronic, filmed or video recorded reproduction he or 29 she observed on such second occasion is the same person whom he or she 30 had observed on the first or incriminating occasion. Such testimony and 31 such pictorial, photographic, electronic, filmed or video recorded 32 reproduction constitutes evidence in chief. For purposes of this 33 section, a "blind procedure" shall be as defined in subparagraph (i) of 34 paragraph (c) of subdivision one of section 343.3 of this part. 35 § 11. Section 837 of the executive law is amended by adding a new 36 subdivision 21 to read as follows: 37 21. Promulgate by regulation a standardized and detailed written 38 protocol that is grounded in evidence-based principles for the adminis- 39 tration of photographic array and live lineup identification procedures 40 for police agencies and standardized forms for use by such agencies in 41 the reporting and recording of such identification procedure. Such 42 protocol shall be consistent in all respects with section 60.80 of the 43 criminal procedure law. 44 § 12. Subdivision 4 of section 840 of the executive law is amended by 45 adding a new paragraph (c) to read as follows: 46 (c) Disseminate the written policies and procedures promulgated in 47 accordance with section 60.80 of the criminal procedure law and subdivi- 48 sion twenty-one of section eight hundred thirty-seven of this article to 49 all police departments and law enforcement agencies in this state and 50 implement a training program for all current and new police officers and 51 for relevant law enforcement officials regarding the policies and proce- 52 dures established pursuant to section 60.80 of the criminal procedure 53 law and subdivision twenty-one of section eight hundred thirty-seven of 54 this article. 55 § 13. This act shall take effect on the thirtieth day after it shall 56 have become a law; provided, however, that sections one, two and threeA. 8157--B 10 1 of this act shall apply to alleged confessions, admissions and state- 2 ments made on or after such effective date; and provided, further, 3 sections four through eleven of this act shall take effect on the nine- 4 tieth day after it shall have become a law.
