STATE OF NEW YORK
________________________________________________________________________
4826
2017-2018 Regular Sessions
IN SENATE
March 2, 2017
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
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
18 in detention in connection with criminal charges that have been or may
19 be filed against them.
20 (b) No confession, admission or other statement shall be subject to a
21 motion to suppress pursuant to subdivision three of section 710.20 of
22 this chapter based solely upon the failure to video record such interro-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03939-02-7
S. 4826 2
1 gation in a detention facility as defined in paragraph (a) of this
2 subdivision. However, when the people offer into evidence against a
3 defendant a confession, admission or other statement made by a person
4 with respect to an alleged offense specified in paragraph (a) of this
5 subdivision that has not been video recorded, the court shall consider
6 the failure to record as a factor, in accordance with paragraph (c) of
7 this subdivision, in determining whether such confession, admission or
8 other statement shall be admissible.
9 (c) Notwithstanding the requirement of paragraph (a) of this subdivi-
10 sion, following a written motion of the prosecutor asserting good cause
11 pursuant to this paragraph, filed within the time periods specified in
12 section 710.30 of this chapter, and after an opportunity for a hearing,
13 upon clear and convincing proof of such good cause, the court may find
14 that such interrogation need not have been recorded. Such good cause may
15 include the following:
16 (i) The video recording equipment malfunctioned while the recording of
17 the interrogation was attempted.
18 (ii) Video recording equipment was not reasonably available because it
19 was being used to record other interrogations in accordance with this
20 section, and no such interrogation could reasonably have been delayed.
21 (iii) The statement was made in response to pedigree questions that
22 are reasonably and routinely asked during arrest processing.
23 (iv) The statement was made spontaneously by the individual and not in
24 response to questioning by a public servant.
25 (v) The statement was made during an interrogation that was conducted
26 when the interviewer was unaware and had no reason to suspect that a
27 qualifying offense may have occurred.
28 (vi) The statement was made after the individual voluntarily, and
29 without express or implied encouragement by a public servant, refused to
30 participate in the interrogation if recorded, and the circumstances of
31 the refusal were recorded or, if such a record of the refusal was
32 refused as well, reasonably contemporaneous documentation of the circum-
33 stances of the refusal was made.
34 (vii) It was the reasonable belief of the appropriate law enforcement
35 official or officials that a video recording would jeopardize the safety
36 of a specific person or persons or reveal the identity of one or more
37 specific confidential informants, and reasonably contemporaneous
38 documentation of the circumstances of such belief was made.
39 (viii) Such statement was made at a location not equipped with an
40 appropriate recording device, it was not reasonably possible, under the
41 circumstances, to bring equipment to such location or transfer the indi-
42 vidual to a detention facility for interrogation, and the reason for
43 using such location was not to subvert the intent of the law. For
44 purposes of this section, the term "location" shall include those
45 locations specified in paragraph (b) of subdivision four of section
46 305.2 of the family court act.
47 (d) In the event that an interrogation that qualified for recording
48 under paragraph (a) of this subdivision was not recorded and the court
49 determines that the non-recorded, alleged confession, admission or other
50 statement is lawfully admissible, then, upon request of the defendant,
51 the court must instruct the jury that the law generally requires record-
52 ing under such circumstances and that the people's failure to record the
53 defendant's alleged confession, admission or other statement may be
54 considered in its deliberations, including, but not limited to, in
55 determining whether such alleged confession, admission or other state-
56 ment was voluntarily made, is accurate or truthful, or was made at all.
S. 4826 3
1 When so instructing the jury, if the court has found that good cause for
2 non-recording existed in accordance with paragraph (c) of this subdivi-
3 sion, the court, at the request of the people, shall advise the jury of
4 the factor or factors set forth in paragraph (c) of this subdivision
5 that the court found to be proved, without disclosing the court's find-
6 ing with respect thereto, and advise the jury that it may make an inde-
7 pendent determination concerning what weight, if any, to give to the
8 failure to record.
9 (e) Video recording as required by this section shall be conducted in
10 accordance with standards consistent with this subdivision established
11 in regulations by the division of criminal justice services.
12 § 2. Subdivision 8 of section 305.2 of the family court act, as
13 amended by chapter 398 of the laws of 1983, is amended and a new subdi-
14 vision 5-a is added to read as follows:
15 5-a. When at any time a child is subject to interrogation by a public
16 servant at a facility designated by the chief administrator of the
17 courts as a suitable place for the questioning of juveniles pursuant to
18 subdivision four of this section, and the public servant is aware or has
19 reason to suspect that the child interrogated committed an act that
20 would be a crime if committed by an adult and which is under investi-
21 gation by such public servant or a law enforcement entity associated
22 with such public servant, the entire interrogation, including the giving
23 of any required notice to the child as to his or her rights and his or
24 her waiver of any rights, shall be video recorded and governed in
25 accordance with the provisions of subdivision three of section 60.45 of
26 the criminal procedure law. The interrogation shall be recorded in a
27 manner such that the persons in the recording are shown and the speech
28 is intelligible. A copy of the recording shall be subject to discovery
29 pursuant to section 331.2 of this article. This subdivision shall not
30 apply to a statement made to the probation service, in accordance with
31 subdivision seven of section 308.1 of this part, except when such state-
32 ment may be admissible under such subdivision seven of section 308.1.
33 8. In determining the suitability of questioning and determining the
34 reasonable period of time for questioning such a child, the child's age,
35 the presence or absence of his or her parents or other persons legally
36 responsible for his or her care [and], notification pursuant to subdivi-
37 sion three and, where the child has been interrogated at a facility
38 designated by the chief administrator of the courts as a suitable place
39 for the questioning of juveniles, whether the interrogation was in
40 compliance with the video-recording and disclosure requirements of
41 subdivision five-a of this section shall be included among relevant
42 considerations.
43 § 3. Subdivision 3 of section 344.2 of the family court act is renum-
44 bered subdivision 4 and a new subdivision 3 is added to read as follows:
45 3. When at any time a child is subject to interrogation by a public
46 servant at a facility designated by the chief administrator of the
47 courts as a suitable place for the questioning of juveniles pursuant to
48 subdivision four of section 305.2 of this article, and the public serv-
49 ant is aware or has reason to suspect that the child interrogated
50 committed an act that would constitute a crime if committed by an adult
51 and which is under investigation by such public servant or a law
52 enforcement entity associated with such public servant, the entire
53 interrogation, including the giving of any required notice to the child
54 as to his or her rights and his or her waiver of any rights, shall be
55 video recorded and governed in accordance with the provisions of subdi-
56 vision three of section 60.45 of the criminal procedure law. The inter-
S. 4826 4
1 rogation shall be recorded in a manner such that the persons in the
2 recording are shown and the speech is intelligible. A copy of the
3 recording shall be subject to discovery pursuant to section 331.2 of
4 this article. This subdivision shall not apply to a statement made to
5 the probation service, in accordance with subdivision seven of section
6 308.1 of this article, except when such statement may be admissible
7 under such subdivision seven of section 308.1.
8 § 4. Section 60.25 of the criminal procedure law, subparagraph (ii) of
9 paragraph (a) of subdivision 1 as amended by chapter 479 of the laws of
10 1977, is amended to read as follows:
11 § 60.25 Rules of evidence; identification by means of previous recogni-
12 tion, in absence of present identification.
13 1. In any criminal proceeding in which the defendant's commission of
14 an offense is in issue, testimony as provided in subdivision two may be
15 given by a witness when:
16 (a) Such witness testifies that:
17 (i) He or she observed the person claimed by the people to be the
18 defendant either at the time and place of the commission of the offense
19 or upon some other occasion relevant to the case; and
20 (ii) On a subsequent occasion he or she observed, under circumstances
21 consistent with such rights as an accused person may derive under the
22 constitution of this state or of the United States, a person or, where
23 the observation is made pursuant to a blind procedure as defined in
24 paragraph (c) of this subdivision, a pictorial, photographic, electron-
25 ic, filmed or video recorded reproduction of a person whom he or she
26 recognized as the same person whom he or she had observed on the first
27 or incriminating occasion; and
28 (iii) He or she is unable at the proceeding to state, on the basis of
29 present recollection, whether or not the defendant is the person in
30 question; and
31 (b) It is established that the defendant is in fact the person whom
32 the witness observed and recognized or whose pictorial, photographic,
33 electronic, filmed or video recorded reproduction the witness observed
34 and recognized on the second occasion. Such fact may be established by
35 testimony of another person or persons to whom the witness promptly
36 declared his or her recognition on such occasion and by such pictorial,
37 photographic, electronic, filmed or video recorded reproduction.
38 (c) (i) For purposes of this section, a "blind procedure" is one in
39 which the witness identifies a person in an array of pictorial, photo-
40 graphic, electronic, filmed or video recorded reproductions under
41 circumstances that comply with the applicable provisions of section
42 60.80 of the criminal procedure law and the protocols promulgated in
43 accordance with subdivision twenty-one of section eight hundred thirty-
44 seven of the executive law and where, at the time the identification is
45 made, each public servant administering such procedure and with whom the
46 witness communicates with respect to the conducting of such procedure
47 does not know which person in the array is the suspect.
48 (ii) The failure of a public servant to follow such a procedure shall
49 result in the preclusion of testimony regarding the identification
50 procedure as evidence in chief, but shall not, in and of itself, consti-
51 tute a legal basis to suppress evidence in response to a motion made
52 pursuant to subdivision six of section 710.20 of this chapter. This
53 paragraph, in and of itself, neither limits nor expands subdivision six
54 of section 710.20 of this chapter.
55 2. Under circumstances prescribed in subdivision one of this section,
56 such witness may testify at the criminal proceeding that the person whom
S. 4826 5
1 he or she observed and recognized or whose pictorial, photographic,
2 electronic, filmed or video recorded reproduction he or she observed and
3 recognized on the second occasion is the same person whom he or she
4 observed on the first or incriminating occasion. Such testimony,
5 together with the evidence that the defendant is in fact the person whom
6 the witness 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, constitutes evidence in chief.
9 § 5. Section 60.30 of the criminal procedure law, as amended by chap-
10 ter 479 of the laws of 1977, is amended to read as follows:
11 § 60.30 Rules of evidence; identification by means of previous recogni-
12 tion, in addition to present identification.
13 In any criminal proceeding in which the defendant's commission of an
14 offense is in issue, a witness who testifies that (a) he or she observed
15 the person claimed by the people to be the defendant either at the time
16 and place of the commission of the offense or upon some other occasion
17 relevant to the case, and (b) on the basis of present recollection, the
18 defendant is the person in question and (c) on a subsequent occasion he
19 or she observed the defendant, or where the observation is made pursuant
20 to a blind procedure, as defined in paragraph (c) of subdivision one of
21 section 60.25 of this article, a pictorial, photographic, electronic,
22 filmed or video recorded reproduction of the defendant, under circum-
23 stances consistent with such rights as an accused person may derive
24 under the constitution of this state or of the United States, and then
25 also recognized him or her or the pictorial, photographic, electronic,
26 filmed or video recorded reproduction of him or her as the same person
27 whom he or she had observed on the first or incriminating occasion, may,
28 in addition to making an identification of the defendant at the criminal
29 proceeding on the basis of present recollection as the person whom he or
30 she observed on the first or incriminating occasion, also describe his
31 or her previous recognition of the defendant and testify that the person
32 whom he or she observed or whose pictorial, photographic, electronic,
33 filmed or video recorded reproduction he or she observed on such second
34 occasion is the same person whom he or she had observed on the first or
35 incriminating occasion. Such testimony and such pictorial, photograph-
36 ic, electronic, filmed or video recorded reproduction constitutes
37 evidence in chief.
38 § 6. The criminal procedure law is amended by adding a new section
39 60.80 to read as follows:
40 § 60.80 Eyewitness identification procedures.
41 In any array and any live lineup identification procedure conducted by
42 a public servant, the following procedures shall be followed:
43 1. The identification procedure shall be conducted as a "blind proce-
44 dure" as defined in subparagraph (i) of paragraph (c) of subdivision one
45 of section 60.25 of this article.
46 2. Prior to any such identification procedure, the eyewitness shall be
47 instructed that:
48 (a) the perpetrator may or may not be among the persons in the iden-
49 tification procedure;
50 (b) the administrator does not know who the perpetrator is;
51 (c) the eyewitness should not feel compelled to make an identifica-
52 tion;
53 (d) the investigation will continue whether or not an identification
54 is made; and
S. 4826 6
1 (e) the procedure requires the administrator to ask and then document
2 a statement, made in the witness's own words, of the witness's level of
3 confidence in the accuracy of any identification.
4 3. (a) Unless impracticable, the photograph of the suspect used in a
5 photo array shall be contemporary and resemble the suspect's appearance
6 at the time of the offense. When such is impracticable, the investigator
7 shall document, in reasonably contemporaneous written form, the reasons
8 therefor.
9 (b) In a photo array, there shall be no characteristics of the photo-
10 graphs themselves or the background on which they are placed that would
11 make any photograph stand out.
12 (c) A photo array or live lineup shall be composed so that the fillers
13 generally resemble the eyewitness's description of the perpetrator,
14 while ensuring that the suspect does not stand out from the fillers.
15 (d) If there are multiple eyewitnesses, each eyewitness shall view the
16 photo array or live lineup separately, the suspect shall be placed in a
17 different position in the live lineup and/or photo array for each
18 eyewitness, and the eyewitnesses shall not be permitted to communicate
19 with each other until all of the identification procedures have been
20 completed.
21 4. (a) Nothing shall be said to an eyewitness that might influence his
22 or her identification of any particular person in the live lineup or
23 photo array.
24 (b) If the eyewitness identifies a person as the perpetrator, the
25 eyewitness shall not be provided any information concerning such person
26 before the administrator obtains the eyewitness's confidence statement
27 about the selection.
28 5. (a) A record of the identification procedure shall be made that
29 includes all identification and non-identification results obtained
30 during the identification procedures.
31 (b) (i) A video recording shall be made of the entire identification
32 procedure, including but not limited to the setting up of the procedure
33 and the instructions and statements of witnesses and the statement or
34 statements made in compliance with paragraph (e) of subdivision two of
35 this section.
36 (ii) Notwithstanding the requirements of subparagraph (i) of this
37 paragraph, following a written motion of the prosecutor, and after an
38 opportunity for a hearing, the court may find that a video recording was
39 not required if the people show by clear and convincing evidence that
40 (A) the video recording equipment malfunctioned while the recording of
41 the identification procedure was attempted; (B) video recording equip-
42 ment was not reasonably available because it was being used to record
43 other identification procedures in accordance with this section, and no
44 such identification procedure could reasonably have been delayed; or (C)
45 such identification procedure was made at a location not equipped with
46 an appropriate recording device, it was not reasonably possible, under
47 the circumstances, to bring equipment to such location or move the
48 procedure to a location at which appropriate video recording was avail-
49 able, and the reason for using the location was not to subvert the
50 intent of the law.
51 (iii) Video recording, as required by this paragraph, shall be
52 conducted in accordance with standards consistent with this paragraph
53 established in regulations by the division of criminal justice services.
54 6. The following definitions shall apply to this section:
55 (a) "Blind" means at the time the identification is made, each public
56 servant administering the identification procedure and with whom the
S. 4826 7
1 witness communicates does not know which person in the array is the
2 suspect.
3 (b) "Eyewitness" or "witness" means a person who observes another
4 person at or near the scene of an offense or upon some other occasion
5 relevant to the investigation or case.
6 (c) "Filler" means either a person or a photograph of a person who is
7 not suspected of the offense under investigation and is included in an
8 identification procedure.
9 (d) "Identification procedure" means a live lineup or a photo array.
10 (e) "Live lineup" means an identification procedure in which a group
11 of persons, including the suspected perpetrator of an offense and other
12 persons not suspected of the offense, is displayed to an eyewitness for
13 the purpose of determining whether the eyewitness identifies the suspect
14 as the perpetrator.
15 (f) "Array" means any photographic array.
16 (g) "Photographic array" or "photo array" means an identification
17 procedure in which an array of photographs, including a photograph of
18 the suspected perpetrator of an offense and other persons not suspected
19 of the offense, is displayed to an eyewitness either in hard copy form
20 or via computer for the purpose of determining whether the eyewitness
21 identifies the suspect as the perpetrator.
22 § 7. Subdivision 6 of section 710.20 of the criminal procedure law, as
23 amended by chapter 8 of the laws of 1976 and as renumbered by chapter
24 481 of the laws of 1983, is amended to read as follows:
25 6. Consists of potential testimony regarding an observation of the
26 defendant either at the time or place of the commission of the offense
27 or upon some other occasion relevant to the case, which potential testi-
28 mony would not be admissible upon the prospective trial of such charge
29 owing to an improperly made previous identification of the defendant or
30 identification of a pictorial, photographic, electronic, filmed or video
31 recorded reproduction of the defendant by the prospective witness. A
32 claim that such previous identification of the defendant or identifica-
33 tion of a pictorial, photographic, electronic, filmed or video recorded
34 reproduction of the defendant by a prospective witness did not comply
35 with paragraph (c) of subdivision one of section 60.25 or section 60.80
36 of this chapter or with the protocols promulgated in accordance with
37 subdivision twenty-one of section eight hundred thirty-seven of the
38 executive law shall not, in and of itself, constitute a legal basis to
39 suppress evidence in response to a motion made pursuant to this subdivi-
40 sion.
41 § 8. Subdivision 1 of section 710.30 of the criminal procedure law, as
42 separately amended by chapters 8 and 194 of the laws of 1976, is amended
43 to read as follows:
44 1. Whenever the people intend to offer at a trial (a) evidence of a
45 statement made by a defendant to a public servant, which statement if
46 involuntarily made would render the evidence thereof suppressible upon
47 motion pursuant to subdivision three of section 710.20 of this article,
48 or (b) testimony regarding an observation of the defendant either at the
49 time or place of the commission of the offense or upon some other occa-
50 sion relevant to the case, to be given by a witness who has previously
51 identified him or her or a pictorial, photographic, electronic, filmed
52 or video recorded reproduction of him or her as such, they must serve
53 upon the defendant a notice of such intention, specifying the evidence
54 intended to be offered.
55 § 9. Section 343.3 of the family court act, as added by chapter 920 of
56 the laws of 1982, is amended to read as follows:
S. 4826 8
1 § 343.3. Rules of evidence; identification by means of previous recog-
2 nition in absence of present identification. 1. In any juvenile delin-
3 quency proceeding in which the respondent's commission of a crime is in
4 issue, testimony as provided in subdivision two may be given by a
5 witness when:
6 (a) such witness testifies that:
7 (i) he or she observed the person claimed by the presentment agency to
8 be the respondent either at the time and place of the commission of the
9 crime or upon some other occasion relevant to the case; and
10 (ii) on a subsequent occasion he or she observed, under circumstances
11 consistent with such rights as an accused person may derive under the
12 constitution of this state or of the United States, a person, or, where
13 the observation is made pursuant to a blind procedure as defined in
14 paragraph (c) of this subdivision, a pictorial, photographic, electron-
15 ic, filmed or video recorded reproduction of a person whom he or she
16 recognized as the same person whom he or she had observed on the first
17 incriminating occasion; and
18 (iii) he or she is unable at the proceeding to state, on the basis of
19 present recollection, whether or not the respondent is the person in
20 question; and
21 (b) it is established that the respondent is in fact the person whom
22 the witness observed and recognized or whose pictorial, photographic,
23 electronic, filmed or video recorded reproduction the witness observed
24 and recognized on the second occasion. Such fact may be established by
25 testimony of another person or persons to whom the witness promptly
26 declared his or her recognition on such occasion and by such pictorial,
27 photographic, electronic, filmed or video recorded reproduction.
28 (c) (i) For purposes of this section, a "blind procedure" is one in
29 which the witness identifies a person in an array of pictorial, photo-
30 graphic, electronic, filmed or video recorded reproductions under
31 circumstances that comply with the applicable provisions of section
32 60.80 of the criminal procedure law and the protocols promulgated in
33 accordance with subdivision twenty-one of section eight hundred thirty-
34 seven of the executive law and where, at the time the identification is
35 made, each public servant administering such procedure and with whom the
36 witness communicates with respect to the conducting of such procedure
37 does not know which person in the array is the suspect.
38 (ii) The failure of a public servant to follow such a procedure shall
39 result in the preclusion of testimony regarding the identification
40 procedure as evidence in chief, but shall not, in of of itself, consti-
41 tute a legal basis to suppress evidence made pursuant to subdivision six
42 of section 710.20 of the criminal procedure law. This paragraph, in and
43 of itself, neither limits nor expands subdivision six of section 710.20
44 of the criminal procedure law.
45 2. Under circumstances prescribed in subdivision one of this section,
46 such witness may testify at the proceeding that the person whom he or
47 she observed and recognized or whose pictorial, photographic, electron-
48 ic, filmed or video recorded reproduction he or she observed and recog-
49 nized on the second occasion is the same person whom he or she observed
50 on the first or incriminating occasion. Such testimony, together with
51 the evidence that the respondent is in fact the person whom the witness
52 observed and recognized or whose pictorial, photographic, electronic,
53 filmed or video recorded reproduction he or she observed and recognized
54 on the second occasion, constitutes evidence in chief.
55 § 10. Section 343.4 of the family court act, as added by chapter 920
56 of the laws of 1982, is amended to read as follows:
S. 4826 9
1 § 343.4. Rules of evidence; identification by means of previous recog-
2 nition, in addition to present identification. In any juvenile delin-
3 quency proceeding in which the respondent's commission of a crime is in
4 issue, a witness who testifies that: (a) he or she observed the person
5 claimed by the presentment agency to be the respondent either at the
6 time and place of the commission of the crime or upon some other occa-
7 sion relevant to the case, and (b) on the basis of present recollection,
8 the respondent is the person in question, and (c) on a subsequent occa-
9 sion he or she observed the respondent, or, where the observation is
10 made pursuant to a blind procedure, a pictorial, photographic, electron-
11 ic, filmed or video recorded reproduction of the respondent under
12 circumstances consistent with such rights as an accused person may
13 derive under the constitution of this state or of the United States, and
14 then also recognized him or her or the pictorial, photographic, elec-
15 tronic, filmed or video recorded reproduction of him or her as the same
16 person whom he or she had observed on the first or incriminating occa-
17 sion, may, in addition to making an identification of the respondent at
18 the delinquency proceeding on the basis of present recollection as the
19 person whom he or she observed on the first or incriminating occasion,
20 also describe his or her previous recognition of the respondent and
21 testify that the person whom he or she observed or whose pictorial,
22 photographic, electronic, filmed or video recorded reproduction he or
23 she observed on such second occasion is the same person whom he or she
24 had observed on the first or incriminating occasion. Such testimony and
25 such pictorial, photographic, electronic, filmed or video recorded
26 reproduction constitutes evidence in chief. For purposes of this
27 section, a "blind procedure" shall be as defined in subparagraph (i) of
28 paragraph (c) of subdivision one of section 343.3 of this part.
29 § 11. Section 837 of the executive law is amended by adding a new
30 subdivision 21 to read as follows:
31 21. Promulgate by regulation a standardized and detailed written
32 protocol that is grounded in evidence-based principles for the adminis-
33 tration of photographic array and live lineup identification procedures
34 for police agencies and standardized forms for use by such agencies in
35 the reporting and recording of such identification procedure. Such
36 protocol shall be consistent in all respects with section 60.80 of the
37 criminal procedure law.
38 § 12. Subdivision 4 of section 840 of the executive law is amended by
39 adding a new paragraph (c) to read as follows:
40 (c) Disseminate the written policies and procedures promulgated in
41 accordance with section 60.80 of the criminal procedure law and subdivi-
42 sion twenty-one of section eight hundred thirty-seven of this article to
43 all police departments and law enforcement agencies in this state and
44 implement a training program for all current and new police officers and
45 for relevant law enforcement officials regarding the policies and proce-
46 dures established pursuant to section 60.80 of the criminal procedure
47 law and subdivision twenty-one of section eight hundred thirty-seven of
48 this article.
49 § 13. This act shall take effect on the ninetieth day after it shall
50 have become a law.