• Niagara Falls
  • Lake Placid Mountain
  • Brooklyn Bridge NY
  • Police memorial Parade Albany 2018
  • New York City Skyline 2018 Conference
  • Statue of Liberty


S7873 Senator Duane / A11089 Assemblywoman Titus

An ACT to amend the criminal procedure law, in relation to informant testimony.

MEMORANDUM IN OPPOSITION

S7873
Senator Duane
A11089
Assemblywoman Titus

Click Here to read full bill

An ACT to amend the criminal procedure law, in relation to informant testimony.

On behalf of the New York State Association of Chiefs of Police, we write to oppose Senate bill S 7873 and Assembly bill A 11089, which would amend the Criminal Procedure Law, in relation to informant testimony, and urge that it not be enacted by the Legislature.

The statute presumes that witnesses who receive assistance or protection in connection with their testimony, for example rape victims or domestic violence victims who may receive services such as counseling or those courageous enough to testify against gangs or organized criminal enterprises, are informants and, therefore, not worthy of belief.

Pursuant to the bill, the testimony of such a witness cannot be used unless the court finds that there is other credible and independent evidence connecting the defendant to the crime. The bill would erase decades of advances for rape and domestic violence victims by returning them to an era where they were treated differently than victims of any other type of crime and when the law essentially imposed a presumption that they were not to be believed.

In addition, information about their identity must be revealed early in the case, placing them at risk. Only a limited and ineffective protective order is authorized to protect the witness. Juries must be told to be cautious about such witnesses’ credibility, which could jeopardize reliable evidence. The bill will have an obvious chilling effect on victims and witnesses who wish to cooperate with the police.

Since this bill would hamper the investigation and evidence of crimes, and thereby jeopardize reliable evidence, we strongly urge that it not be enacted into law.

New York State Association of Chiefs of Police, Inc.

Partner Program