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NY A11052

Bill

Status

Introduced

5/12/2010

Primary Sponsor

Daniel O'Donnell

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Adds section 60.17 allowing courts to admit expert testimony regarding eyewitness identification reliability and accuracy in criminal proceedings involving eyewitness identification evidence.

  • Creates Article 80 establishing comprehensive eyewitness identification procedures including requirements for blind or blinded administrators, witness instructions, filler selection with at least 4-5 fillers, separate viewing for multiple witnesses, and video/audio/written documentation of all procedures.

  • Requires law enforcement to record complete descriptions from eyewitnesses in their own words before lineups, including witness attention level, viewing conditions, lighting, distance, and any impairments such as alcohol or drugs.

  • Mandates that showups only occur in exigent circumstances, requires transport of witnesses to neutral non-law enforcement locations, and prohibits suggestive conduct by investigators toward suspects.

  • Provides that courts must suppress eyewitness identification evidence if law enforcement substantially fails to comply with Article 80 procedures, and if evidence is admitted despite non-compliance, courts must instruct juries that requirements were designed to reduce misidentification risk.

Legislative Description

Establishes identification procedures that shall be used for eyewitnesses including live lineups and photo lineups.

Last Action

reported referred to rules

6/21/2010

Committee Referrals

Rules6/21/2010
Codes5/12/2010

Full Bill Text

No bill text available