Bill Text: NY A01881 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the criminal procedure law, in relation to preventing the suppression of evidence where the police have acted in good faith

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A01881 Detail]

Download: New_York-2009-A01881-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1881
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2009
                                      ___________
       Introduced  by  M.  of  A.  CALHOUN,  ALFANO,  CROUCH, KOLB, TOWNSEND --
         Multi-Sponsored by -- M. of A. BACALLES, BUTLER, CONTE, ERRIGO, FINCH,
         MILLER, OAKS, SAYWARD, TEDISCO  --  read  once  and  referred  to  the
         Committee on Codes
       AN  ACT  to  amend the criminal procedure law, in relation to preventing
         the suppression of evidence where the police have acted in good faith
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 710.20 of the criminal procedure law, as amended by
    2  chapter  8 of the laws of 1976, subdivision 2 as amended and subdivision
    3  7 as added by chapter 744 of the laws of 1988, subdivision 3 as  amended
    4  by  chapter 214 of the laws of 1982, subdivision 5 as amended by chapter
    5  629 of the laws of 1998 and subdivision 6 as renumbered by  chapter  481
    6  of the laws of 1983, is amended to read as follows:
    7  S 710.20  Motion to suppress evidence; in general; grounds for.
    8    Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
    9  er acquisition of evidence and has reasonable cause to believe that such
   10  may  be  offered  against him OR HER in a criminal action, or (b) claims
   11  that improper identification testimony may be offered against him OR HER
   12  in a criminal action, a court may,  under  circumstances  prescribed  in
   13  this  article,  order  that such evidence be suppressed or excluded upon
   14  the ground that it:
   15    1. Consists of tangible property obtained  by  means  of  an  unlawful
   16  search  and seizure under circumstances precluding admissibility thereof
   17  in a criminal action against such defendant; or
   18    2. Consists of a record or potential testimony reciting or  describing
   19  declarations,  conversations,  or other communications overheard, inter-
   20  cepted, accessed, or recorded by means of eavesdropping, or observations
   21  made by  means  of  video  surveillance,  obtained  under  circumstances
   22  precluding  admissibility  thereof  in  a  criminal  action against such
   23  defendant; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02219-01-9
       A. 1881                             2
    1    3. Consists of a record or potential testimony reciting or  describing
    2  a  statement of such defendant involuntarily made, within the meaning of
    3  section 60.45; or
    4    4. Was  obtained  as  a  result of other evidence obtained in a manner
    5  described in subdivisions one, two and three; or
    6    5. Consists of a chemical test of the defendant's  blood  administered
    7  in  violation  of  the provisions of subdivision three of section eleven
    8  hundred ninety-four of the vehicle and traffic law, subdivision eight of
    9  section forty-nine-a of the navigation law, subdivision seven of section
   10  25.24 of the parks, recreation and historic  preservation  law,  or  any
   11  other applicable law; or
   12    6. Consists  of  potential  testimony  regarding an observation of the
   13  defendant either at the time or place of the commission of  the  offense
   14  or upon some other occasion relevant to the case, which potential testi-
   15  mony  would  not be admissible upon the prospective trial of such charge
   16  owing to an improperly made previous identification of the defendant  by
   17  the prospective witness[.]; OR
   18    7. Consists of information obtained by means of a pen register or trap
   19  and  trace  device  installed  or used in violation of the provisions of
   20  article seven hundred five of this chapter.
   21    NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  EVIDENCE  SHALL  NOT  BE
   22  SUPPRESSED  IF THE COURT SHALL DETERMINE THAT SUCH EVIDENCE WAS OBTAINED
   23  BY POLICE OFFICERS WHO WERE ACTING IN GOOD FAITH IN ATTEMPTING TO COMPLY
   24  WITH THE LAW WHEN THEY OBTAINED SUCH EVIDENCE.
   25    S 2. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.