senate Bill S5627

Relates to suspects charged with crimes of terrorism

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 30 / May / 2013
    • REFERRED TO CODES
  • 05 / Jun / 2013
    • 1ST REPORT CAL.1163
  • 10 / Jun / 2013
    • 2ND REPORT CAL.
  • 11 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Relates to suspects charged with crimes of terrorism.

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Bill Details

Versions:
S5627
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง60.45, CP L

Votes

9
5
9
Aye
5
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S5627

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to the statements of defendants suspected of committing,
facilitating or participating in any crime related to an act of
terrorism

PURPOSE:

This bill would codify the public safety exception to the Miranda
requirements for terrorist suspects, as established in the landmark
United States Supreme Court decision in New York v Quarles, 467 U S
649 (1984).

SUMMARY OF SPECIFIC PROVISIONS:

Section One of this bill would codify the public safety exception to
the Miranda requirements as follows:

Any defendant, who is a citizen of the United States, suspected of
committing, facilitating or participating in any crime related to an
act of terrorism, would not be required to be charged, be given
Miranda warnings, or be allowed access to counsel, for not less than
48 hours after being taken into custody.

Any statement by such a defendant, within such 48 hour period, would
not be permitted to be used as evidence in the trial of such defendant
without his or her consent provided after having an opportunity to
consult with counsel.

Any evidence obtained as a result of, or derived from, a statement by
such defendant, within such 48 hour period, may be used as evidence in
the trial of such defendant, if it can be demonstrated that such
evidence so obtained or derived, could have reasonably been discovered
without such statement.

Any defendant, who is not a citizen of the United States, who is
suspected of committing, facilitating or participating in any crime
related to an act of terrorism shall be deemed a foreign enemy
combatant.

A foreign enemy combatant shall not be required to be charged, be
given Miranda warnings, or be allowed access to counsel.

A foreign enemy combatant shall be delivered to the custody of federal
authorities, or shall be required to be charged, be given Miranda
warnings, or be allowed access to counsel, within 48 hours of being
taken into custody.

Statements by such a foreign enemy combatant, who is not delivered to
the custody of federal authorities, within such 48 hour period, shall
be treated in the same manner as those of United States citizens.

JUSTIFICATION:

The Supreme Court of the United States held in New York v. Quarles,
467 U.S. 649 (1984), that there is a public safety exception to the


procedural requirements announced in the landmark case of Miranda v.
Arizona, 384 U.S. 436 (1966). This exception, announced by the Court
in 1984, recognized that a suspect need not be charged, provided
Miranda warnings, nor given access to legal counsel, for 48 hours, in
order to derrive evidence from the suspect that would lead to the
prevention of further criminal conduct, or serious injury to people or
property.

Perhaps nowhere in the law is the public safety exception announced by
the Court in New York v. Quarles, more valuable or important than in
cases involving terrorism. The prevention of further terrorist acts,
and the incumbent possible loss of life and massive destruction of
property, prove the very measure of why a public safety exception is
necessary in certain cases.

This legislation would codify the public safety exception where the
defendant is suspected of committing, facilitating or participating in
any crime related to an act of terrorism In such case, such suspect
could be questioned and would not be required to be charged, be given
Miranda warnings, or be allowed access to counsel, for not less than
48 hours after being taken into custody If the suspect is not a United
States citizen, then they could also be questioned and delivered to
the custody of Federal authorities after 48 hours, or be treated the
same as a United State's citizen, at the option of prosecuting
authorities in New York.

This bill would thereby provide an important, constitutional tool to
prevent future terrorist attacks, by allowing law enforcement to try
to get whatever knowledge they can from the suspect, with the presence
of Miranda warnings or lawyers, in the immediate time frame after the
suspect is taken into custody. As the Supreme Court prescribes, these
constitutional rights, advanced by Miranda, would attach, upon the
conclusion of the 48 hour holding period.

LEGISLATIVE HISTORY:

This is a new bill in the Senate

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5627

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- 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  state-
  ments  of  defendants suspected of committing, facilitating or partic-
  ipating in any crime related to an act of terrorism

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 60.45 of the criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
  3. ANY DEFENDANT, WHO IS A  CITIZEN  OF  THE  UNITED  STATES,  WHO  IS
SUSPECTED  OF  COMMITTING,  FACILITATING  OR  PARTICIPATING IN ANY CRIME
RELATED TO AN ACT OF TERRORISM AS DEFINED IN SECTION 490.05 OF THE PENAL
LAW, SHALL NOT BE REQUIRED TO BE CHARGED, BE GIVEN MIRANDA WARNINGS,  OR
BE  ALLOWED ACCESS TO COUNSEL, FOR NOT LESS THAN FORTY-EIGHT HOURS AFTER
BEING TAKEN INTO CUSTODY. ANY STATEMENT BY SUCH A DEFENDANT, WITHIN SUCH
FORTY-EIGHT HOUR PERIOD, SHALL NOT BE USED AS EVIDENCE IN THE  TRIAL  OF
SUCH  DEFENDANT  WITHOUT  HIS  OR  HER  CONSENT PROVIDED AFTER HAVING AN
OPPORTUNITY TO CONSULT WITH COUNSEL. ANY EVIDENCE OBTAINED AS  A  RESULT
OF,  OR  DERIVED  FROM,  A  STATEMENT  BY  SUCH  DEFENDANT,  WITHIN SUCH
FORTY-EIGHT HOUR PERIOD, MAY BE USED AS EVIDENCE IN THE  TRIAL  OF  SUCH
DEFENDANT,  IF  IT CAN BE DEMONSTRATED THAT SUCH EVIDENCE SO OBTAINED OR
DERIVED, COULD HAVE REASONABLY BEEN DISCOVERED WITHOUT  SUCH  STATEMENT.
ANY  DEFENDANT,  WHO  IS  NOT  A  CITIZEN  OF  THE UNITED STATES, WHO IS
SUSPECTED OF COMMITTING, FACILITATING  OR  PARTICIPATING  IN  ANY  CRIME
RELATED TO AN ACT OF TERRORISM AS DEFINED IN SECTION 490.05 OF THE PENAL
LAW,  SHALL  BE  DEEMED  A  FOREIGN  ENEMY  COMBATANT,  AND SHALL NOT BE
REQUIRED TO BE CHARGED, BE GIVEN MIRANDA WARNINGS, OR BE ALLOWED  ACCESS
TO  COUNSEL. A FOREIGN ENEMY COMBATANT SHALL BE DELIVERED TO THE CUSTODY
OF FEDERAL AUTHORITIES, OR SHALL BE REQUIRED TO  BE  CHARGED,  BE  GIVEN
MIRANDA  WARNINGS,  OR  BE ALLOWED ACCESS TO COUNSEL, WITHIN FORTY-EIGHT
HOURS OF BEING TAKEN INTO CUSTODY. ANY STATEMENT BY SUCH A FOREIGN ENEMY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11295-01-3

S. 5627                             2

COMBATANT WHO IS NOT DELIVERED TO THE CUSTODY  OF  FEDERAL  AUTHORITIES,
WITHIN  SUCH  FORTY-EIGHT  HOUR PERIOD, SHALL NOT BE USED AS EVIDENCE IN
THE TRIAL OF SUCH FOREIGN ENEMY COMBATANT WITHOUT  HIS  OR  HER  CONSENT
PROVIDED  AFTER  HAVING  AN  OPPORTUNITY  TO  CONSULT  WITH COUNSEL. ANY
EVIDENCE OBTAINED AS A RESULT OF, OR DERIVED FROM, A STATEMENT  BY  SUCH
FOREIGN  ENEMY  COMBATANT,  WITHIN  SUCH FORTY-EIGHT HOUR PERIOD, MAY BE
USED AS EVIDENCE IN THE TRIAL OF SUCH FOREIGN ENEMY COMBATANT, IF IT CAN
BE DEMONSTRATED THAT SUCH EVIDENCE SO OBTAINED OR  DERIVED,  COULD  HAVE
REASONABLY BEEN DISCOVERED WITHOUT SUCH STATEMENT.
  S 2. This act shall take effect immediately.

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