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Assembly Bill A5457

2009-2010 Legislative Session

Provides for disclosure of prior denials, if any, in application for a search warrant

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Archive: Last Bill Status - On Floor Calendar

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2009-A5457 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง690.35, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3421
2013-2014: A3421
2015-2016: A3899
2017-2018: A5495
2019-2020: A6002

2009-A5457 (ACTIVE) - Summary

Provides that applicant for a search warrant must disclose all prior denials of the same or similar application, as well as any prior failure to issue such a warrant by a different judge, if known to the applicant.

2009-A5457 (ACTIVE) - Bill Text download pdf 

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

                                  5457

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced by M. of A. TITUS, O'DONNELL, FIELDS, CLARK, ESPAILLAT, SCAR-
  BOROUGH,  COOK,  WRIGHT  --  Multi-Sponsored  by -- M. of A. BENJAMIN,
  CAHILL, COLTON, DIAZ, GOTTFRIED, HEASTIE, JAFFEE, JOHN, NOLAN --  read
  once and referred to the Committee on Codes

AN  ACT  to  amend  the  criminal  procedure  law, in relation to search
  warrant applications

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

  Section  1.  Paragraph  (e)  of subdivision 3 of section 690.35 of the
criminal procedure law, as added by chapter 504 of  the  laws  of  1991,
such  subdivision  as  renumbered by chapter 815 of the laws of 1992, is
amended and a new paragraph (f) is added to read as follows:
  (e) In the case of an application for a search warrant as  defined  in
paragraph  (b)  of  subdivision  two  of  section  690.05, a copy of the
warrant of arrest and the underlying accusatory instrument[.]; AND
  (F) A FULL DISCLOSURE OF ALL PRIOR DENIALS OF THE SAME  OR  A  SIMILAR
APPLICATION,  AS  WELL  AS  ANY  PRIOR FAILURE TO ISSUE A SEARCH WARRANT
BASED ON THE SAME OR A SIMILAR APPLICATION, BY  A  DIFFERENT  JUDGE,  IF
KNOWN TO THE APPLICANT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07577-01-9

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