Provides for the admissibility of recordings and logs of inmate calls made by the department of correction of the city of New York, as business records.
STATE OF NEW YORK
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7041--A
IN SENATE
April 25, 2012
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil practice law and rules, in relation to the
admissibility as business records of recordings and logs made by the
department of correction of the city of New York of inmate telephone
calls
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Rule 4518 of the civil practice law and rules is amended by
2 adding a new subdivision (h) to read as follows:
3 (h) A recording made by the department of correction of the city of
4 New York of an inmate's telephone call, or a log made by such department
5 containing identifying information about such a call, such as the time
6 of the call, telephone numbers of origin and destination of the call,
7 inmate identification number used to place the call and name of the
8 inmate associated with such identification number, is admissible in
9 evidence under this rule without further need for foundation testimony,
10 provided that the recording or log is accompanied by a certification or
11 authentication by a custodian of the recording or log or another quali-
12 fied person from such department designated for that purpose that the
13 recording or log was made in the regular course of such department's
14 business, and that it was the regular course of such business to make
15 the recording at the time of the inmate's telephone call or to make the
16 log at the time of the inmate's telephone call or within a reasonable
17 time thereafter. Prior to the trial or hearing, the party seeking to
18 introduce the recording or log into evidence shall provide an adverse
19 party with reasonable written notice of the intent to offer the record-
20 ing or log and shall make the recording or log and the certification or
21 authentication available for inspection.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15499-02-2
