Bill Text: NY A05505 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the criminal procedure law, in relation to requiring that a statement of a defendant may not be admitted into evidence unless he or she was given the opportunity to have the statement electronically recorded

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A05505 Detail]

Download: New_York-2009-A05505-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5505
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2009
                                      ___________
       Introduced  by M. of A. BOYLAND -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the criminal procedure law,  in  relation  to  requiring
         that  a  statement  of  a  defendant may not be admitted into evidence
         unless he or she was given the opportunity to have the statement elec-
         tronically recorded
         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
    2  section 60.77 to read as follows:
    3  S 60.77 RULES OF EVIDENCE; STATEMENTS OF DEFENDANTS TO BE ELECTRONICALLY
    4            RECORDED.
    5    1. EVIDENCE OF A CONFESSION, ADMISSION OR OTHER STATEMENT BY A DEFEND-
    6  ANT, IN CUSTODY, WITH RESPECT TO HIS OR HER PARTICIPATION IN THE OFFENSE
    7  CHARGED MAY NOT BE RECEIVED IN EVIDENCE AGAINST HIM OR HER IN A CRIMINAL
    8  PROCEEDING UNLESS THE DEFENDANT WAS GIVEN THE OPPORTUNITY  TO  HAVE  THE
    9  CONFESSION,  ADMISSION  OR  OTHER  STATEMENT  RECORDED  BY AN ELECTRONIC
   10  RECORDING DEVICE.
   11    2. A DEFENDANT IN CUSTODY MAY WAIVE THE  RIGHT  TO  HAVE  HIS  OR  HER
   12  CONFESSION,  ADMISSION  OR OTHER STATEMENT ELECTRONICALLY RECORDED IF HE
   13  OR SHE KNOWINGLY DOES SO IN CUSTODY.
   14    S 2. This act shall take effect on the first of November next succeed-
   15  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08782-01-9