What's happening
This bill requires that any photographic array identification evidence in criminal cases must be supported by videotape proof of the identification procedures.
Why it matters
Increases transparency and accountability. By requiring a videotaped record of photographic array identifications, the bill aims to prevent suggestive or improper procedures that could lead to wrongful convictions.
Strengthens the reliability of evidence. Videotaping the identification process provides an objective record, making it easier for courts to assess whether the identification was conducted fairly and in accordance with best practices.
Protects defendants’ rights. This measure helps ensure that only properly conducted identification evidence is used at trial, reducing the risk of misidentification—a known factor in many wrongful convictions.
May impact police practices and resources. Law enforcement agencies will need to adapt their procedures and may require additional equipment and training to comply, potentially affecting investigation timelines and departmental budgets.
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Who cares
Police departments
The bill would make videotaped proof of photographic-array identification procedures necessary for an otherwise admissible identification to be used in evidence.
Prosecutors
They would have to introduce videotape evidence of the identification procedures to secure admission of a photographic-array identification.
Criminal defendants and defense attorneys
They could seek exclusion of a photographic-array identification if videotaped proof of the procedures is not introduced.
Headline styles
Videotape Photo Lineups Required
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Enacting clause stricken
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2852
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. GOTTFRIED -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring evidence of identification by photographic videotape
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 60.27 to read as follows: § 60.27 Rules of evidence; identification by means of a photographic
array; videotape to be required.
Notwithstanding any other law, rule or regulation to the contrary, in any circumstance where evidence of an identification of a defendant by photographic array would be otherwise admissible in evidence, such identification shall not be admissible in evidence unless proof of the procedures used in the identification is introduced by videotape evidence of such procedures.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to any criminal action commenced after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03619-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.