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NY A05213
Bill
Status
2/11/2009
Primary Sponsor
William Boyland
Click for details
AI Summary
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Requires electronic recording (video and audio, or audio if video is impracticable) of entire custodial interrogations during felony prosecutions, with statements presumed inadmissible without recording.
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Allows prosecutors to rebut inadmissibility through clear and convincing evidence if exigent circumstances existed, the defendant refused recording, or equipment failure occurred.
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Permits courts to admit unrecorded statements for good cause, but requires jury instruction that failure to record is evidence adverse to the prosecution on voluntariness and statement content issues.
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Exempts from recording requirements statements made in open court, spontaneous statements, routine arrest processing questions, out-of-state interrogations, federal interrogations, and statements used only for impeachment.
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Requires prosecutors to preserve electronic recordings for ten years from judgment and mandates notice to defendants whether statements were electronically recorded; takes effect 90 days after enactment.
Legislative Description
Provides that, as a general rule, any statement made during a custodial interrogation is inadmissible unless such interrogation was electronically recorded; provides exceptions as to when a statement will be admissible even if the custodial interrogation was not recorded.
Last Action
reported referred to ways and means
6/21/2010