Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 25, 2010 |
signed chap.96 |
May 14, 2010 |
delivered to governor |
May 11, 2010 |
returned to assembly passed senate |
May 04, 2010 |
3rd reading cal.436 substituted for s7541 |
May 04, 2010 |
substituted by a10750 |
May 03, 2010 |
advanced to third reading |
Apr 28, 2010 |
2nd report cal. |
Apr 27, 2010 |
1st report cal.436 |
Apr 20, 2010 |
referred to codes |
Senate Bill S7541
Signed By Governor2009-2010 Legislative Session
Sponsored By
(D) 11th Senate District
Archive: Last Bill Status Via A10750 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2009-S7541 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10750
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยงยง120.90 & 140.20, CP L (as proposed in S.5688-D/A.8530-E)
2009-S7541 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7541 TITLE OF BILL : An act to amend the criminal procedure law, in relation to the ability of defendants to call for counsel upon being charged with a crime PURPOSE OR GENERAL IDEA OF BILL : To amend the proposed language in legislative bill number S.5688-D and A.8530-E to remove the provision requiring law enforcement to grant an arrestee access to their cell phone or other digital device for the purpose of locating a telephone number therein. JUSTIFICATION : Requiring law enforcement to permit an arrestee access to their cell phone for the purpose of locating a telephone number in an effort to assist them in contacting counsel, a relative or friend to alert them of their arrest is favored whenever possible, however, it will not be mandated at this time. PRIOR LEGISLATIVE HISTORY : New Bill. FISCAL IMPLICATIONS : None.
2009-S7541 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7541 I N S E N A T E April 20, 2010 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the ability of defendants to call for counsel upon being charged with a crime THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 8 of section 120.90 of the criminal procedure law, as added by a chapter of the laws of 2010 amending the criminal procedure law relating to providing defendants the ability to call any telephone number located in the United States or Puerto Rico for the purpose of obtaining counsel and informing a relative or friend that they have been charged with a crime, as proposed in legislative bills numbers S.5688-D and A.8530-E, is amended to read as follows: 8. Upon arresting a defendant, other than a juvenile offender, for any offense pursuant to a warrant of arrest, a police officer shall, upon the defendant's request, permit the defendant to communicate by tele- phone provided by the law enforcement facility where the defendant is held to a phone number located anywhere in the United States or Puerto Rico, for the purposes of obtaining counsel and informing a relative or friend that he or she has been arrested, unless granting the call will compromise an ongoing investigation or the prosecution of the defendant. [If the officer has seized a cellphone or other digital device from the defendant, the officer shall grant the defendant access to the cellphone or device, for the purpose of locating a telephone number contained therein, unless granting such access will compromise an ongoing investi- gation or the prosecution of the defendant.] S 2. Subdivision 7 of section 140.20 of the criminal procedure law, as added by a chapter of the laws of 2010 amending the criminal procedure law relating to providing defendants the ability to call any telephone number located in the United States or Puerto Rico for the purpose of obtaining counsel and informing a relative or friend that they have been charged with a crime, as proposed in legislative bills numbers S.5688-D and A.8530-E, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16935-01-0
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