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NY A11089
Bill
Status
5/14/2010
Primary Sponsor
Jeffrion Aubry
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AI Summary
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Defines "informant" as a non-accomplice witness who receives favorable criminal disposition, financial benefit, or other substantial benefit in exchange for testimony or evidence.
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Requires prosecution to present independent evidence tending to connect defendant to the offense before informant testimony is admissible, with court determining sufficiency of corroboration prior to trial.
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Mandates prosecution disclosure to defense at reasonable time before trial or guilty plea of: promises/benefits given to informant, circumstances of information revelation, any retractions, informant's criminal history, and prior prosecution assistance.
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Permits informant identity to remain undisclosed to defense if prosecution demonstrates disclosure would endanger informant, undermine informant services, or for other compelling reasons found by court.
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Requires court to instruct jury to scrutinize informant testimony for credibility and reliability considering any promised benefits, and to base conviction only on credible independent evidence unless corroborating informant's connection of defendant to offense.
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Takes effect 90 days after enactment and applies to criminal proceedings commenced on or after that date.
Legislative Description
Provides for evidentiary treatment of informant testimony; requires that an informant's testimony be corroborated, jury instructions given regarding reliability and disclosure by the prosecutor prior to acceptance of a plea bargain by the defendant.
Last Action
reported referred to rules
6/21/2010