Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to codes |
Jun 21, 2013 |
committed to rules |
Jun 11, 2013 |
advanced to third reading |
Jun 10, 2013 |
2nd report cal. |
Jun 05, 2013 |
1st report cal.1163 |
May 30, 2013 |
referred to codes |
Senate Bill S5627
2013-2014 Legislative Session
Sponsored By
(R, C, IP) 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
Votes
co-Sponsors
(R, C, IP) Senate District
2013-S5627 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §60.45, CP L
2013-S5627 (ACTIVE) - 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
2013-S5627 (ACTIVE) - Bill Text download pdf
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
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