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History
- Referred to codes
- Referred to codes
Companion bill
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Requires police identification line-ups to be conducted sequentially
In Assembly Committee · Codes · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1538
Title of bill
An act to amend the criminal procedure law, in relation to requiring a police identification line-up to be conducted sequentially
Purpose
To require law enforcement officials who require witnesses to identify possible defendants via a police line-up to be shown each possible defendant one at a time instead of by a traditional police "line-up"
Summary of provisions
Section 1 amends paragraph (b) of subdivision 2 of section 240.40 of the criminal procedure law, as added by chapter 412 of the laws of 1979 to require law enforcement officials who order defendants appear in a police lineup to appear sequentially, one defendant at a time as opposed to simultaneously.
Existing law
Existing law states that law enforcement officials may order a defendant to provide non-testimonial evidence, including a "line-up" but does not require this to be sequential. Therefore the defendant may be lined-up with other possible defendants for witness identification purposes.
Justification
In 2002, Staten Island police officers conducted the first court-ordered sequential line-up in New York. The line-up was ordered by Criminal Court Judge Salvador J. Medico. Unlike standard simultaneous line-ups, sequential line-ups force witnesses to view suspects one at a time. According to scientific research, simultaneous line-ups can lead to false identifications by inducing witnesses to choose the person in the line-up that most resembles the suspect. (Source: Perorate, Tom "First Sequential Lineup is Held in Staten Island", New York Law Journal 4/29/02). It is worth the extra few minutes for police to conduct a sequential line-up, as opposed to a simultaneous one in order to preserve the integrity of the criminal justice system.
Legislative history
2013-2014: S.826 (Parker)/A.173 (Kavanaugh) - Referred to Codes 2011-12: S.1274/A.5917 - Died in Codes 2010: S.4758 (Duane) - Died in Codes; A.512 (Kavanagh), Died in Codes 2009: S.4758 (Duane), Died in Codes; A.512( Kavanagh), Died in Codes 2008: S.1808 (Duane), Died in Codes; A.8312 (Kavanagh), Died in Codes 2007: S.1807 (Duane), Died in Codes; A.8312 (Kavanagh), Died in Codes 2005-06: S.4526 Died in Senate Codes Committee 2003-04: S.3839 Died in Senate Codes Committee
Fiscal implications
None.
Local fiscal implications
Minimal.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.