Bill Text: NY S01377 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires all interrogations to be videotaped.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S01377 Detail]

Download: New_York-2011-S01377-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1377
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2011
                                      ___________
       Introduced  by  Sens. PERKINS, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER,
         SMITH -- 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 videotaping
         interrogations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The criminal procedure law is amended by adding a new arti-
    2  cle 66 to read as follows:
    3                                 ARTICLE 66
    4                         VIDEOTAPING INTERROGATIONS
    5  SECTION 66.10. VIDEOTAPING INTERROGATIONS.
    6  S 66.10 VIDEOTAPING INTERROGATIONS.
    7    1.  ALL  INTERROGATIONS  OF  SUSPECTS,  IN  POLICE  CUSTODY,  SHALL BE
    8  RECORDED, IN THEIR ENTIRETY, ON  VIDEOTAPE  OF  REASONABLE  CLARITY  AND
    9  AUDIBILITY.  THEREAFTER,  THE VIDEOTAPES SHALL BE SEALED, WHEREUPON SUCH
   10  VIDEOTAPES SHALL BE UNSEALED AND MADE  AVAILABLE  ONLY  WHERE  THEY  ARE
   11  REQUIRED  FOR  PRODUCTION  FOR TRIAL, EVIDENTIARY PURPOSES, OR WHERE THE
   12  INDIVIDUAL WHO IS THE SUBJECT OF THE VIDEOTAPE, OR HIS OR HER  REPRESEN-
   13  TATIVE,  REQUESTS SUCH TAPE. ALL SEALED VIDEOTAPES REPRESENTING INTERRO-
   14  GATIONS SHALL BE PRESERVED FOR AT LEAST TEN YEARS IN SUCH A MANNER AS TO
   15  MAINTAIN THE CLARITY AND AUDIBILITY OF THE VIDEOTAPE.
   16    2. THE INTRODUCTION INTO EVIDENCE OF THE CONFESSION OF A SUSPECT, MADE
   17  TO A LAW ENFORCEMENT OFFICER DURING THE INTERROGATION PROCESS AND  DOCU-
   18  MENTED  ON  VIDEOTAPE,  SHALL  BE ACCOMPANIED BY THE CORROBORATING VIDE-
   19  OTAPE.
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00998-01-1