Provides an oral or written statement of an accused shall be inadmissible as evidence against such accused unless a recording is made of the interrogation

BILL NUMBER:S1634

Title of bill

An act to amend the criminal procedure law, in relation to the recording of statements in certain criminal investigations

Purpose or general idea of bill

Provides an oral or written statement of an accused shall be inadmissible as evidence against such accused unless a recording is made of the interrogation.

Summary of specific provisions

Section 1 adds section 60.53 to the criminal procedure law. This act will require the video and audio recording of the criminally accused during custodial interrogations at police stations or other places of detention. If a recording is not made of the interrogation, then any oral or written statements by the accused are presumed inadmissible as evidence against the accused in any criminal proceeding charging a felony offense or felony offenses.

Effects of present law which this bill would alter

There is no current law regarding this matter.

Justification

Incarcerating a person is a drastic use of state power. Protecting individuals from improper and illegal incarceration is one of the highest objectives of state government. To further this aspiration, this act will require all custodial interrogations at police stations or other places of detention to be video recorded. By requiring the video recording of oral and written statements, the government will be able to provide uncontroversial evidence of the validity of those statements.

Legislative history

S.2099 of 2007 01/31/08 Referred to Codes S.110 of 2009 01/07/09 Referred to Codes 01/06110 Referred to Codes

Fiscal implications for st ate and local governments

To be determined.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law and shall apply to custodial interrogations occurring on or after such effective date.