S06806 Summary:

BILL NOS06806
 
SAME ASNo Same As
 
SPONSORMYRIE
 
COSPNSRBENJAMIN, HOYLMAN, RIVERA, SALAZAR
 
MLTSPNSR
 
Amd §60.45, CP L
 
Relates to precluding inadmissible statements made by defendants because of false facts about evidence or because of a statement that undermines the reliability of the defendant's statement and requires data collection and analysis by the division of criminal justice services of recorded interrogations.
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S06806 Actions:

BILL NOS06806
 
10/25/2019REFERRED TO RULES
01/08/2020REFERRED TO CODES
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S06806 Committee Votes:

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S06806 Floor Votes:

There are no votes for this bill in this legislative session.
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S06806 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6806
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    October 25, 2019
                                       ___________
 
        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the criminal procedure law, in relation  to  defendants'
          statement admissibility and recorded interrogations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1 and 2  of  section  60.45  of  the  criminal
     2  procedure  law  are  amended and a new subdivision 4 is added to read as
     3  follows:
     4    1. Evidence of a written  or  oral  confession,  admission,  or  other
     5  statement  made  by a defendant with respect to his or her participation
     6  or lack of participation in the offense charged, may not be received  in
     7  evidence  against  him or her in a criminal proceeding if such statement
     8  was involuntarily made.
     9    2. A confession, admission or other statement is "involuntarily  made"
    10  by a defendant when it is obtained from him or her:
    11    (a)  By any person by the use or threatened use of physical force upon
    12  the defendant or another person, or  by  means  of  any  other  improper
    13  conduct  or  undue  pressure  which impaired the defendant's physical or
    14  mental condition to the extent of undermining his or her ability to make
    15  a choice whether or not to make a statement; or
    16    (b) By a public servant engaged in law enforcement activity  or  by  a
    17  person then acting under his or her direction or in cooperation with him
    18  or her:
    19    (i)  by  means  of  any promise or statement of fact, which promise or
    20  statement undermines the reliability of the  defendant's  statement,  or
    21  creates  a substantial risk that the defendant might falsely incriminate
    22  himself or herself; [or]
    23    (ii) by knowingly communicating false  facts  about  evidence  to  the
    24  defendant; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13886-02-9

        S. 6806                             2
 
     1    (iii) in violation of such rights as the defendant may derive from the
     2  constitution of this state or of the United States.
     3    4. The division of criminal justice services shall collect and analyze
     4  the following data related to the recordation of interrogations pursuant
     5  to  the requirements of subdivision three of this section, including but
     6  not limited to:
     7    (a)  The  aggregate  annual  number  of  recorded  interrogations   in
     8  detention  facilities  for all categories of criminal charges, including
     9  such charges as required by paragraph (a) of subdivision three  of  this
    10  section and any additional recorded interrogations.
    11    (b) The disaggregate data for each case involving a custodial interro-
    12  gation  of  a  person suspected of committing a crime that occurred in a
    13  detention facility, including:
    14    (i) Whether the interrogation was recorded.
    15    (ii) If the interrogation was not recorded, whether there was a  show-
    16  ing of good cause pursuant to paragraph (c) of subdivision three of this
    17  section.
    18    (iii)  The  duration of the interrogation and the circumstances of the
    19  recorded interrogation, including:
    20    (1) Whether the recording began: (A)  when  the  suspect  entered  the
    21  interrogation  room;  (B)  when  the suspect was read his or her Miranda
    22  rights; or (C) after the suspect was read his or her Miranda rights; and
    23    (2) Whether the recording ended: (A) after  the  interrogation  ended;
    24  (B)  immediately  after  the  suspect  confessed; or (C) at another time
    25  prior to the end of the interrogation.
    26    (iv) Whether the suspect confessed to the crime  during  the  interro-
    27  gation.
    28    (v)  Whether  the  interrogation  was recorded with video and audio or
    29  audio only.
    30    § 2. This act shall take effect on the ninetieth day  after  it  shall
    31  have become a law.
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