STATE OF NEW YORK
________________________________________________________________________
5505
2009-2010 Regular Sessions
IN ASSEMBLY
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 § 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 § 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
