MEMORANDUM IN OPPOSITION
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An Act to amend the criminal procedure law, in relation to eyewitness identification procedures; and to repeal section 60.30 of such law relating thereto.
This memorandum is submitted on behalf of the New York State Association of Chiefs of Police, opposing Senate bill S7842 and Assembly bill A11052, which relates to the eyewitness identification procedures and the repeal of section 60.30.
While this legislation intends to address identification procedures as one of the causes of misidentification of an accused by the victim and/or one or more eyewitnesses, it would place an undue burden on law enforcement who have recently proposed their own new required procedures for identification of criminals. This measure, however, would impose onerous penalties for non-compliance, such as adverse jury instruction and introduction of evidence about the failure to comply with all technical rules. In an instance where a criminal is accurately identified and somehow is not convicted due to non-compliance in the identification process, the criminal would be a danger for potential victims. There are now new procedures for ensuring accurate identification without sanctioning law enforcement and impeding the criminal justice system.
Since this measure seeks to circumvent established criminal law procedures
and impose unnecessary burdens upon law enforcement officials, we strongly
oppose its enactment into law.
New York State Association of Chiefs of Police, Inc.