Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2014 |
referred to codes |
Feb 26, 2013 |
referred to codes |
Senate Bill S3916
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- 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
2013-S3916 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง140.50, CP L
2013-S3916 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3916 TITLE OF BILL: An act to amend the criminal procedure law, in relation to searching a detained person for weapons PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to amend the criminal procedure law to give a female subject of a search the opportunity to have the search conducted by a female officer. SUMMARY OF SPECIFIC PROVISIONS: This bill would amend subdivision 3 of section 140.50 of the criminal procedure law by giving females who are the subject of a pat-down search for weapons the opportunity to request a female officer to conduct the search. JUSTIFICATION: Numerous reports have been made of females being subjected to humiliating and intrusive searches made by male police officers in stop-and-frisk encounters. This unfortunate situation results in unwarranted sexual harassment under the color of law. In order to strike a balance between the need for public safety concerns with the need to respect personal dignity and privacy this bill gives female the opportunity to request that a female officer perform a pat-down search. PRIOR LEGISLATIVE HISTORY: None. FISCAL IMPLICATIONS: To be determined.
2013-S3916 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3916 2013-2014 Regular Sessions I N S E N A T E February 26, 2013 ___________ Introduced by Sen. ESPAILLAT -- 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 searching a detained person for weapons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 140.50 of the criminal procedure law, as amended by chapter 911 of the laws of 1972, is amended to read as follows: 3. (A) When upon stopping a person under circumstances prescribed in subdivisions one and two a police officer or court officer, as the case may be, reasonably suspects that he is in danger of physical injury, he may search such person for a deadly weapon or any instrument, article or substance readily capable of causing serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons. If he finds such a weapon or instrument, or any other property possession of which he reasonably believes may constitute the commission of a crime, he may take it and keep it until the completion of the question- ing, at which time he shall either return it, if lawfully possessed, or arrest such person. (B) WHENEVER A FEMALE INDIVIDUAL IS TO BE SEARCHED PURSUANT TO THIS SUBDIVISION BY A MALE POLICE OFFICER, THE OFFICER SHALL GIVE THE INDI- VIDUAL THE OPPORTUNITY TO HAVE THE SEARCH CONDUCTED BY A FEMALE OFFICER. IF THE INDIVIDUAL CHOOSES TO HAVE A FEMALE OFFICER PERFORM THE SEARCH, THE QUESTIONING OFFICER SHALL DETAIN THE INDIVIDUAL AND NO SEARCH OF THE INDIVIDUAL SHALL BE CONDUCTED UNTIL THE FEMALE OFFICER ARRIVES. (C) THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT APPLY: (I) WHEN THERE ARE NO FEMALE OFFICERS EMPLOYED BY THE POLICE DEPARTMENT OF THE QUESTIONING OFFICER, OR (II) WHEN THERE ARE FEMALE OFFICERS EMPLOYED BY THE POLICE DEPARTMENT OF THE QUESTIONING OFFICER, BUT NO SUCH FEMALE OFFICER IS WORKING AT THE TIME OF THE TEMPORARY QUES- TIONING. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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