New York S 4149: Enhances criminal investigations and prosecutions in relation to the integrity of statements of those accused of crimes

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S04149 Summary:

BILL NOS04149 

&nbsp

SAME ASSAME AS A04342

&nbsp

SPONSORSALAZAR

&nbsp

COSPNSRCLEARE, HARCKHAM, MYRIE, PARKER

&nbsp

MLTSPNSR

&nbsp

Amd §60.45, CP L; amd §§305.2 & 344.2, Fam Ct Act

&nbsp

Enhances criminal investigations and prosecutions in relation to the integrity of statements of those accused of crimes and to promote confidence in the criminal justice system.

Go to top S04149 Actions:

BILL NOS04149 

&nbsp

02/03/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04149 Committee&nbspVotes:

Go to topS04149 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04149 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4149

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sens. SALAZAR, PARKER -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law and the family court act, in
 relation to statements of those accused of crimes to enhance criminal
 investigations and prosecutions and to promote confidence in the crim-
 inal justice system of this state

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 60.45 of the criminal procedure
 2 law, as added by section 1 of part VVV of chapter 59 of the laws of
 3 2017, is amended to read as follows:
 4 3. (a) [Where] When a person is subject to [custodial] interrogation
 5 by a public servant [at a detention facility], and the public servant is
 6 aware or has reason to suspect that the person interrogated committed a
 7 crime under investigation by such public servant or a law enforcement
 8 entity associated with such public servant, the entire [custodial]
 9 interrogation, including the giving of any required advice of the rights
 10 of the individual being questioned, and the waiver of any rights by the
 11 individual, shall be recorded by an appropriate video recording device
 12 [if the interrogation involves a class A-1 felony, except one defined in
 13 article two hundred twenty of the penal law; felony offenses defined in
 14 section 130.95 and 130.96 of the penal law; or a felony offense defined
 15 in article one hundred twenty-five or one hundred thirty of such law
 16 that is defined as a class B violent felony offense in section 70.02 of
 17 the penal law. For purposes of this paragraph, the term "detention
 18 facility" shall mean a police station, correctional facility, holding
 19 facility for prisoners, prosecutor's office or other facility where
 20 persons are held in detention in connection with criminal charges that
 21 have been or may be filed against them]. The interrogation shall be
 22 recorded in a manner such that the persons in the recording are shown
 23 and the speech is intelligible.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06385-01-5

 S. 4149 2

 1 (b) [No confession, admission or other statement shall be subject to a
 2 motion to suppress pursuant to subdivision three of section 710.20 of
 3 this chapter based solely upon the failure to video record such interro-
 4 gation in a detention facility as defined in paragraph (a) of this
 5 subdivision. However, where] When the people offer into evidence against
 6 a defendant a confession, admission or other statement made by a person
 7 [in custody] with respect to [his or her participation or lack of
 8 participation in] an alleged offense [specified in paragraph (a) of this
 9 subdivision,] that has not been video recorded, the court shall [consid-
 10 er the failure to record as a factor, but not as the sole factor, in
 11 accordance with paragraph (c) of this subdivision in determining whether
 12 such confession, admission or other statement shall be admissible.
 13 (c) Notwithstanding the requirement of paragraph (a) of this subdivi-
 14 sion, upon a showing of good cause by the prosecutor, the custodial
 15 interrogation need not be recorded. Good cause shall include, but not be
 16 limited to:
 17 (i) If electronic recording equipment malfunctions.
 18 (ii) If electronic recording equipment is not available because