Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 30, 2014 |
enacting clause stricken |
Jan 08, 2014 |
referred to codes |
May 08, 2013 |
referred to codes |
Assembly Bill A7227
2013-2014 Legislative Session
Sponsored By
ROSA
Archive: Last Bill Status - Stricken
- 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
co-Sponsors
Didi Barrett
William Scarborough
Luis R. Sepúlveda
Albert A. Stirpe
multi-Sponsors
Carmen E. Arroyo
Vivian Cook
Herman D. Farrell
Deborah Glick
2013-A7227 (ACTIVE) - Details
- See Senate Version of this Bill:
- S3916
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §140.50, CP L
2013-A7227 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7227 2013-2014 Regular Sessions I N A S S E M B L Y May 8, 2013 ___________ Introduced by M. of A. ROSA -- read once and referred 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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