NY State Assembly Bill 2009-A8530

Assembly Bill A8530

Signed By Governor

2009-2010 Legislative Session

Entitles defendants charged with an offense the ability to telephone any number located in the United States or Puerto Rico

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2010	signed chap.94
May 14, 2010	delivered to governor
Apr 14, 2010	returned to assembly passed senate
Mar 22, 2010	3rd reading cal.268 substituted for s5688d
Feb 09, 2010	referred to codes delivered to senate passed assembly
Feb 01, 2010	amended on third reading 8530e
Jan 25, 2010	amended on third reading 8530d
Jan 06, 2010	ordered to third reading cal.604 returned to assembly died in senate
Jun 22, 2009	referred to rules delivered to senate passed assembly ordered to third reading rules cal.571 rules report cal.571 reported
Jun 17, 2009	reported referred to rules
Jun 16, 2009	print number 8530c
Jun 16, 2009	amend and recommit to codes
Jun 15, 2009	print number 8530b
Jun 15, 2009	amend and recommit to codes
Jun 10, 2009	print number 8530a
Jun 10, 2009	amend (t) and recommit to codes
May 27, 2009	referred to codes

Votes

- Apr 14, 2010 - Floor Vote
  A8530
  
  36
  
  Aye
  
  26
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 14, 2010
      
      aye (36)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Lanza
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (26)
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Morahan
      
      Nozzolio
      
      Ranzenhofer
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young

Bill Amendments

Original

E (Active)

co-Sponsors

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multi-Sponsors

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2009-A8530 - Details

Laws Affected:: Amd §§120.90, 140.20, 170.10, 180.10 & 210.15, CP L

2009-A8530 - Summary

Entitles defendants charged with an offense the ability to telephone any number located in the United States or Puerto Rico for the purpose of obtaining counsel and informing a relative or friend.

2009-A8530 - Sponsor Memo

2009-A8530 - Bill Text download pdf

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

    S. 5688                                                  A. 8530

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 27, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sen.  STAVISKY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. DenDEKKER, LANCMAN  --  read  once
  and referred to the Committee on Codes

AN  ACT  to  amend  the criminal procedure law, in relation to providing
  defendants the ability to call any telephone  number  located  in  the
  United  States,  its territories and outlying areas for the purpose of
  obtaining counsel and informing a relative or friend  that  they  have
  been charged with a crime

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

  Section 1. Paragraph (b) of subdivision 3 of  section  170.10  of  the
criminal procedure law is amended to read as follows:
  (b)  To  communicate,  free  of charge, by letter or by telephone TO A
PHONE NUMBER LOCATED IN THE UNITED STATES, ITS TERRITORIES AND  OUTLYING
AREAS, for the purposes of obtaining counsel and informing a relative or
friend that he has been charged with an offense; and
  S  2. Paragraph (b) of subdivision 3 of section 180.10 of the criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or  by  telephone  TO  A
PHONE  NUMBER LOCATED IN THE UNITED STATES, ITS TERRITORIES AND OUTLYING
AREAS, for the purpose of obtaining counsel and informing a relative  or
friend that he has been charged with an offense; and
  S  3. Paragraph (b) of subdivision 2 of section 210.15 of the criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or  by  telephone  TO  A
PHONE  NUMBER LOCATED IN THE UNITED STATES, ITS TERRITORIES AND OUTLYING
AREAS, for the purposes of obtaining counsel and informing a relative or
friend that he has been charged with an offense; and
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14089-01-9

co-Sponsors

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multi-Sponsors

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2009-A8530A - Details

Laws Affected:: Amd §§120.90, 140.20, 170.10, 180.10 & 210.15, CP L

2009-A8530A - Summary

Entitles defendants charged with an offense the ability to telephone any number located in the United States or Puerto Rico for the purpose of obtaining counsel and informing a relative or friend.

2009-A8530A - Sponsor Memo

                                BILL NUMBER:A8530A

TITLE OF BILL:  An act to amend the criminal procedure law, in relation
to providing defendants the ability to call any telephone number located
in the United States, or other location included in a domestic United
States calling plan for the purpose of obtaining counsel and informing a
relative or friend that they have been charged with a crime

PURPOSE OR GENERAL IDEA OF BILL: To establish the right to make a local
or long distance phone call and to access phone numbers stored in one's
cell phone upon arrest

JUSTIFICATION: While most police departments already permit arrested
persons to make "one phone call," this right is not codified in statute.
Current statute guarantees the right to a free phone call only upon
arraignment. In large cities, where there often is a delay of 24 hours
or more between arrest and arraignment, the law should guarantee the
right to a phone call before arraignment, during arrest processing
procedures.

Additionally, some law enforcement agencies restrict the free phone call
to the local area code of the specific agency. For example, in New York
City's 71st Precinct, a man arrested for biking on the sidewalk was
subjected to 35 hours of detention without his wallet, and could not
contact his panic-stricken family, because he was not familiar with any
local phone numbers; his wife's cell phone had an out-of-state area

code. With the rapid decline in the cost of domestic long-distance call-
ing, and the fact that on cell phones, the location of the parties
normally does not affect the cost of the call at all, restricting a
prisoner to one "local" phone call has become obsolete. One advantage of
cell phones is that they may be purchased in one place, and assigned
that location's area code, but used anywhere in the country.

Finally, the increasing number of persons who rely exclusively on cell
phones often do not memorize their friends' and relatives' phone
numbers, or keep them on paper. Instead, they use the cell phone's tech-
nical features to retrieve the phone number. As arrestees typically have
their personal property, including cell phones, seized and vouchered by
the police for safekeeping, the right to a free phone call can only be
effectuated for some arrestees if they have the right to access the cell
phone to locate the number of the relative or friend they wish to call.

In short, the law must keep pace with technology to assure an individ-
ual's right to make the one critical phone call at the time it is needed
most.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Minimal cost to law enforcement agencies.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A8530A - Bill Text download pdf

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

    S. 5688--A                                            A. 8530--A

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 27, 2009
                               ___________

IN SENATE -- Introduced by Sens. STAVISKY, HUNTLEY, KRUEGER, MONSERRATE,
  ONORATO,  SCHNEIDERMAN  --  read  twice  and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN  ASSEMBLY  --  Introduced  by  M.  of  A. DenDEKKER, LANCMAN, CAMARA,
  ABBATE, MAISEL, CHRISTENSEN, ORTIZ, WRIGHT,  HEVESI,  BOYLAND,  AUBRY,
  ESPAILLAT, MENG, KELLNER, POWELL, PHEFFER, SKARTADOS, BRADLEY, GABRYS-
  ZAK,  JEFFRIES,  MAYERSOHN, PERALTA, BROOK-KRASNY, PRETLOW, O'DONNELL,
  LENTOL, WEISENBERG, BARRON, HEASTIE,  MARKEY,  RAIA,  MILLMAN,  SPANO,
  KOON,  COLTON,  BENJAMIN,  SCARBOROUGH,  PEOPLES,  FIELDS,  McDONOUGH,
  CASTRO, COOK, PERRY -- Multi-Sponsored by -- M. of A. BACALLES,  BREN-
  NAN,  CALHOUN,  GALEF,  GLICK,  GOTTFRIED,  LATIMER,  McENENY,  NOLAN,
  O'MARA, QUINN, SALADINO, SCHIMEL, SWEENEY, TITONE, WALKER -- read once
  and referred to the Committee on Codes -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the criminal procedure law,  in  relation  to  providing
  defendants  the  ability  to  call any telephone number located in the
  United States, or other location included in a domestic United  States
  calling  plan  for  the  purpose  of obtaining counsel and informing a
  relative or friend that they have been charged with a crime

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

  Section 1.  Section 120.90 of the criminal procedure law is amended by
adding a new subdivision 8 to read as follows:
  8. UPON ARRESTING A DEFENDANT, OTHER THAN A JUVENILE OFFENDER, FOR ANY
OFFENSE  PURSUANT  TO  A WARRANT OF ARREST, A POLICE OFFICER SHALL, UPON
THE DEFENDANT'S REQUEST, PERMIT THE DEFENDANT TO  COMMUNICATE  BY  TELE-
PHONE  TO  A PHONE NUMBER LOCATED ANYWHERE IN THE UNITED STATES OR OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14089-02-9

S. 5688--A                          2                         A. 8530--A

LOCATION INCLUDED IN A DOMESTIC UNITED  STATES  CALLING  PLAN,  FOR  THE
PURPOSES  OF  INFORMING  A  RELATIVE  OR  FRIEND THAT HE OR SHE HAS BEEN
ARRESTED. IF THE OFFICER HAS SEIZED A CELLPHONE OR OTHER DIGITAL  DEVICE
FROM  THE DEFENDANT, THE OFFICER SHALL GRANT THE DEFENDANT ACCESS TO THE
CELLPHONE OR DEVICE, FOR THE PURPOSE  OF  LOCATING  A  TELEPHONE  NUMBER
CONTAINED THEREIN.
  S 2. Section 140.20 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  UPON  ARRESTING  A PERSON, OTHER THAN A JUVENILE OFFENDER, FOR ANY
OFFENSE WITHOUT A WARRANT, A POLICE OFFICER  SHALL,  UPON  THE  ARRESTED
PERSON'S  REQUEST,  PERMIT  HIM  OR HER TO COMMUNICATE BY TELEPHONE TO A
PHONE NUMBER LOCATED ANYWHERE IN THE UNITED  STATES  OR  OTHER  LOCATION
INCLUDED  IN  A DOMESTIC UNITED STATES CALLING PLAN, FOR THE PURPOSES OF
INFORMING A RELATIVE OR FRIEND THAT HE OR SHE HAS BEEN ARRESTED. IF  THE
OFFICER  HAS SEIZED A CELLPHONE OR OTHER DIGITAL DEVICE FROM THE PERSON,
THE OFFICER SHALL GRANT HIM OR HER ACCESS TO THE  CELLPHONE  OR  DEVICE,
FOR THE PURPOSE OF LOCATING A TELEPHONE NUMBER CONTAINED THEREIN.
  S  3. Paragraph (b) of subdivision 3 of section 170.10 of the criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or  by  telephone  TO  A
PHONE NUMBER LOCATED IN THE UNITED STATES, OR OTHER LOCATION INCLUDED IN
A  DOMESTIC  UNITED  STATES  CALLING PLAN, for the purposes of obtaining
counsel and informing a relative or   friend that he  has  been  charged
with an offense; and
  S  4. Paragraph (b) of subdivision 3 of section 180.10 of the criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or  by  telephone  TO  A
PHONE NUMBER LOCATED IN THE UNITED STATES, OR OTHER LOCATION INCLUDED IN
A  DOMESTIC  UNITED  STATES  CALLING  PLAN, for the purpose of obtaining
counsel and informing a relative or friend that he has been charged with
an offense; and
  S 5. Paragraph (b) of subdivision 2 of section 210.15 of the  criminal
procedure law is amended to read as follows:
  (b)  To  communicate,  free  of charge, by letter or by telephone TO A
PHONE NUMBER LOCATED IN THE UNITED STATES, OR OTHER LOCATION INCLUDED IN
A DOMESTIC UNITED STATES CALLING PLAN, for  the  purposes  of  obtaining
counsel and informing a relative or friend that he has been charged with
an offense; and
  S 6. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A8530B - Details

Laws Affected:: Amd §§120.90, 140.20, 170.10, 180.10 & 210.15, CP L

2009-A8530B - Summary

Entitles defendants charged with an offense the ability to telephone any number located in the United States or Puerto Rico for the purpose of obtaining counsel and informing a relative or friend.

2009-A8530B - Sponsor Memo

                                BILL NUMBER:A8530B

TITLE  OF  BILL:    An  act  to  amend  the criminal procedure law, in
relation to providing defendants the ability  to  call  any  telephone
number  located  in the United States, or other location included in a
domestic United States calling  plan  for  the  purpose  of  obtaining
counsel and informing a relative or friend that they have been charged
with a crime

PURPOSE  OR  GENERAL  IDEA  OF  BILL: To establish the right to make a
local or long distance phone call and to access phone  numbers  stored
in one's cell phone upon arrest

JUSTIFICATION:   While most police departments already permit arrested
persons to make "one phone  call,"  this  right  is  not  codified  in
statute.  Current  statute  guarantees  the right to a free phone call
only upon arraignment. In large cities, where there often is  a  delay
of  24  hours  or  more between arrest and arraignment, the law should
guarantee the right to a phone call before arraignment, during  arrest
processing procedures.

Additionally,  some  law  enforcement agencies restrict the free phone
call to the local area code of the specific agency.  For  example,  in
New  York  City's  71st  Precinct,  a  man  arrested for biking on the
sidewalk was subjected to 35 hours of detention  without  his  wallet,
and  could  not  contact his panic-stricken family, because he was not

familiar with any local phone numbers; his wife's cell  phone  had  an
out-of-state area code. With the rapid decline in the cost of domestic
long-distance  calling, and the fact that on cell phones, the location
of the parties normally does not affect the cost of the call  at  all,
restricting  a prisoner to one "local" phone call has become obsolete.
One advantage of cell phones is that they  may  be  purchased  in  one
place,  and  assigned  that location's area code, but used anywhere in
the country.

Finally, the increasing number of persons who rely exclusively on cell
phones often do not  memorize  their  friends'  and  relatives'  phone
numbers,  or  keep  them  on paper. Instead, they use the cell phone's
technical  features  to  retrieve  the  phone  number.  As   arrestees
typically  have their personal property, including cell phones, seized
and vouchered by the police for safekeeping, the right to a free phone
call can only be effectuated for some arrestees if they have the right
to access the cell phone to locate  the  number  of  the  relative  or
friend they wish to call.

In  short,  the  law  must  keep  pace  with  technology  to assure an
individual's right to make the one critical phone call at the time  it
is needed most.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Minimal cost to law enforcement agencies.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A8530B - Bill Text download pdf

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

                                 8530--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2009
                               ___________

Introduced  by  M.  of  A.  DenDEKKER,  LANCMAN, CAMARA, ABBATE, MAISEL,
  CHRISTENSEN, ORTIZ, WRIGHT, HEVESI, BOYLAND, AUBRY,  ESPAILLAT,  MENG,
  KELLNER,  POWELL,  PHEFFER,  SKARTADOS,  BRADLEY, GABRYSZAK, JEFFRIES,
  MAYERSOHN, PERALTA, BROOK-KRASNY, PRETLOW, O'DONNELL, LENTOL,  WEISEN-
  BERG,  BARRON,  HEASTIE,  MARKEY,  RAIA, MILLMAN, SPANO, KOON, COLTON,
  BENJAMIN, SCARBOROUGH, PEOPLES, FIELDS, McDONOUGH, CASTRO, COOK, PERRY
  -- Multi-Sponsored by -- M. of A. BACALLES, BRENNAN,  CALHOUN,  GALEF,
  GLICK,  GOTTFRIED,  LATIMER,  McENENY, NOLAN, O'MARA, QUINN, SALADINO,
  SCHIMEL, SWEENEY, TITONE, WALKER -- read  once  and  referred  to  the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the criminal procedure law,  in  relation  to  providing
  defendants  the  ability  to  call any telephone number located in the
  United States, or other location included in a domestic United  States
  calling  plan  for  the  purpose  of obtaining counsel and informing a
  relative or friend that they have been charged with a crime

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

  Section 1.  Section 120.90 of the criminal procedure law is amended by
adding a new subdivision 8 to read as follows:
  8. UPON ARRESTING A DEFENDANT, OTHER THAN A JUVENILE OFFENDER, FOR ANY
OFFENSE  PURSUANT  TO  A WARRANT OF ARREST, A POLICE OFFICER SHALL, UPON
THE DEFENDANT'S REQUEST, PERMIT THE DEFENDANT TO  COMMUNICATE  BY  TELE-
PHONE  TO  A PHONE NUMBER LOCATED ANYWHERE IN THE UNITED STATES OR OTHER
LOCATION INCLUDED IN A DOMESTIC UNITED  STATES  CALLING  PLAN,  FOR  THE
PURPOSES  OF  INFORMING  A  RELATIVE  OR  FRIEND THAT HE OR SHE HAS BEEN
ARRESTED. IF THE OFFICER HAS SEIZED A CELLPHONE OR OTHER DIGITAL  DEVICE
FROM  THE DEFENDANT, THE OFFICER SHALL GRANT THE DEFENDANT ACCESS TO THE
CELLPHONE OR DEVICE, FOR THE PURPOSE  OF  LOCATING  A  TELEPHONE  NUMBER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14089-03-9

A. 8530--B                          2

CONTAINED  THEREIN, UNLESS GRANTING SUCH ACCESS WILL COMPROMISE AN ONGO-
ING INVESTIGATION OR THE PROSECUTION OF THE DEFENDANT.
  S 2. Section 140.20 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  UPON  ARRESTING  A PERSON, OTHER THAN A JUVENILE OFFENDER, FOR ANY
OFFENSE WITHOUT A WARRANT, A POLICE OFFICER  SHALL,  UPON  THE  ARRESTED
PERSON'S  REQUEST,  PERMIT  HIM  OR HER TO COMMUNICATE BY TELEPHONE TO A
PHONE NUMBER LOCATED ANYWHERE IN THE UNITED  STATES  OR  OTHER  LOCATION
INCLUDED  IN  A DOMESTIC UNITED STATES CALLING PLAN, FOR THE PURPOSES OF
INFORMING A RELATIVE OR FRIEND THAT HE OR SHE HAS BEEN ARRESTED. IF  THE
OFFICER  HAS SEIZED A CELLPHONE OR OTHER DIGITAL DEVICE FROM THE PERSON,
THE OFFICER SHALL GRANT HIM OR HER ACCESS TO THE  CELLPHONE  OR  DEVICE,
FOR THE PURPOSE OF LOCATING A TELEPHONE NUMBER CONTAINED THEREIN, UNLESS
GRANTING  SUCH  ACCESS  WILL  COMPROMISE AN ONGOING INVESTIGATION OR THE
PROSECUTION OF THE DEFENDANT.
  S 3. Paragraph (b) of subdivision 3 of section 170.10 of the  criminal
procedure law is amended to read as follows:
  (b)  To  communicate,  free  of charge, by letter or by telephone TO A
PHONE NUMBER LOCATED IN THE UNITED STATES, OR OTHER LOCATION INCLUDED IN
A DOMESTIC UNITED STATES CALLING PLAN, for  the  purposes  of  obtaining
counsel  and  informing  a relative or   friend that he has been charged
with an offense; and
  S 4. Paragraph (b) of subdivision 3 of section 180.10 of the  criminal
procedure law is amended to read as follows:
  (b)  To  communicate,  free  of charge, by letter or by telephone TO A
PHONE NUMBER LOCATED IN THE UNITED STATES, OR OTHER LOCATION INCLUDED IN
A DOMESTIC UNITED STATES CALLING PLAN,  for  the  purpose  of  obtaining
counsel and informing a relative or friend that he has been charged with
an offense; and
  S  5. Paragraph (b) of subdivision 2 of section 210.15 of the criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or  by  telephone  TO  A
PHONE NUMBER LOCATED IN THE UNITED STATES, OR OTHER LOCATION INCLUDED IN
A  DOMESTIC  UNITED  STATES  CALLING PLAN, for the purposes of obtaining
counsel and informing a relative or friend that he has been charged with
an offense; and
  S 6. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A8530C - Details

Laws Affected:: Amd §§120.90, 140.20, 170.10, 180.10 & 210.15, CP L

2009-A8530C - Summary

Entitles defendants charged with an offense the ability to telephone any number located in the United States or Puerto Rico for the purpose of obtaining counsel and informing a relative or friend.

2009-A8530C - Sponsor Memo

                                BILL NUMBER:A8530C

TITLE  OF  BILL:    An  act  to  amend  the criminal procedure law, in
relation to providing defendants the ability  to  call  any  telephone
number  located  in the United States, or other location included in a
domestic United States calling  plan  for  the  purpose  of  obtaining
counsel and informing a relative or friend that they have been charged
with a crime

PURPOSE  OR  GENERAL  IDEA  OF  BILL: To establish the right to make a
local or long distance phone call and to access phone  numbers  stored
in one's cell phone upon arrest

JUSTIFICATION:  While  most police departments already permit arrested
persons to make "one phone  call,"  this  right  is  not  codified  in
statute.  Current  statute  guarantees  the right to a free phone call
only upon arraignment. In large cities, where there often is  a  delay
of  24  hours  or  more between arrest and arraignment, the law should
guarantee the right to a phone call before arraignment, during  arrest
processing procedures.

Additionally,  some  law  enforcement agencies restrict the free phone
call to the local area code of the specific agency.  For  example,  in
New  York  City's  71st  Precinct,  a  man  arrested for biking on the
sidewalk was subjected to 35 hours of detention  without  his  wallet,
and  could  not  contact his panic-stricken family, because he was not

familiar with any local phone numbers; his wife's cell  phone  had  an
out-of-state area code. With the rapid decline in the cost of domestic
long-distance  calling, and the fact that on cell phones, the location
of the parties normally does not affect the cost of the call  at  all,
restricting  a prisoner to one "local" phone call has become obsolete.
One advantage of cell phones is that they  may  be  purchased  in  one
place,  and  assigned  that location's area code, but used anywhere in
the country.

Finally, the increasing number of persons who rely exclusively on cell
phones often do not  memorize  their  friends'  and  relatives'  phone
numbers,  or  keep  them  on paper. Instead, they use the cell phone's
technical  features  to  retrieve  the  phone  number.  As   arrestees
typically  have their personal property, including cell phones, seized
and vouchered by the police for safekeeping, the right to a free phone
call can only be effectuated for some arrestees if they have the right
to access the cell phone to locate  the  number  of  the  relative  or
friend they wish to call.

In  short,  the  law  must  keep  pace  with  technology  to assure an
individual's right to make the one critical phone call at the time  it
is needed most.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Minimal cost to law enforcement agencies.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A8530C - Bill Text download pdf

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

                                 8530--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2009
                               ___________

Introduced  by  M.  of  A.  DenDEKKER,  LANCMAN, CAMARA, ABBATE, MAISEL,
  CHRISTENSEN, ORTIZ, WRIGHT, HEVESI, BOYLAND, AUBRY,  ESPAILLAT,  MENG,
  KELLNER,  POWELL,  PHEFFER, SKARTADOS, GABRYSZAK, JEFFRIES, MAYERSOHN,
  PERALTA, BROOK-KRASNY, PRETLOW, O'DONNELL, LENTOL, WEISENBERG, BARRON,
  HEASTIE, MARKEY, RAIA, MILLMAN, SPANO, KOON, COLTON,  BENJAMIN,  SCAR-
  BOROUGH,  PEOPLES-STOKES,  FIELDS,  McDONOUGH,  CASTRO,  COOK,  PERRY,
  ZEBROWSKI --  Multi-Sponsored  by  --  M.  of  A.  BACALLES,  BRENNAN,
  CALHOUN,  GALEF,  GLICK,  GOTTFRIED,  LATIMER, LAVINE, McENENY, NOLAN,
  O'MARA, QUINN, SALADINO, SCHIMEL, SWEENEY, TITONE  --  read  once  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the criminal procedure law,  in  relation  to  providing
  defendants  the  ability  to  call any telephone number located in the
  United States, or other location included in a domestic United  States
  calling  plan  for  the  purpose  of obtaining counsel and informing a
  relative or friend that they have been charged with a crime

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

  Section 1.  Section 120.90 of the criminal procedure law is amended by
adding a new subdivision 8 to read as follows:
  8. UPON ARRESTING A DEFENDANT, OTHER THAN A JUVENILE OFFENDER, FOR ANY
OFFENSE  PURSUANT  TO  A WARRANT OF ARREST, A POLICE OFFICER SHALL, UPON
THE DEFENDANT'S REQUEST, PERMIT THE DEFENDANT TO  COMMUNICATE  BY  TELE-
PHONE  TO  A PHONE NUMBER LOCATED ANYWHERE IN THE UNITED STATES OR OTHER
LOCATION INCLUDED IN A DOMESTIC UNITED  STATES  CALLING  PLAN,  FOR  THE
PURPOSES  OF  INFORMING  A  RELATIVE  OR  FRIEND THAT HE OR SHE HAS BEEN
ARRESTED, UNLESS GRANTING THE CALL WILL COMPROMISE AN  ONGOING  INVESTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD14089-05-9

A. 8530--C                          2

GATION OR THE PROSECUTION OF THE DEFENDANT.  IF THE OFFICER HAS SEIZED A
CELLPHONE  OR OTHER DIGITAL DEVICE FROM THE DEFENDANT, THE OFFICER SHALL
GRANT THE DEFENDANT ACCESS TO THE CELLPHONE OR DEVICE, FOR  THE  PURPOSE
OF  LOCATING  A TELEPHONE NUMBER CONTAINED THEREIN, UNLESS GRANTING SUCH
ACCESS WILL COMPROMISE AN ONGOING INVESTIGATION OR  THE  PROSECUTION  OF
THE DEFENDANT.
  S 2. Section 140.20 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  UPON  ARRESTING  A PERSON, OTHER THAN A JUVENILE OFFENDER, FOR ANY
OFFENSE WITHOUT A WARRANT, A POLICE OFFICER  SHALL,  UPON  THE  ARRESTED
PERSON'S  REQUEST,  PERMIT  HIM  OR HER TO COMMUNICATE BY TELEPHONE TO A
PHONE NUMBER LOCATED ANYWHERE IN THE UNITED  STATES  OR  OTHER  LOCATION
INCLUDED  IN  A DOMESTIC UNITED STATES CALLING PLAN, FOR THE PURPOSES OF
INFORMING A RELATIVE OR FRIEND THAT HE OR SHE HAS BEEN ARRESTED,  UNLESS
GRANTING THE CALL WILL COMPROMISE AN ONGOING INVESTIGATION OR THE PROSE-
CUTION OF THE DEFENDANT.  IF THE OFFICER HAS SEIZED A CELLPHONE OR OTHER
DIGITAL  DEVICE  FROM  THE  PERSON,  THE  OFFICER SHALL GRANT HIM OR HER
ACCESS TO THE CELLPHONE OR DEVICE, FOR THE PURPOSE OF LOCATING  A  TELE-
PHONE NUMBER CONTAINED THEREIN, UNLESS GRANTING SUCH ACCESS WILL COMPRO-
MISE AN ONGOING INVESTIGATION OR THE PROSECUTION OF THE DEFENDANT.
  S  3. Paragraph (b) of subdivision 3 of section 170.10 of the criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or  by  telephone  TO  A
PHONE NUMBER LOCATED IN THE UNITED STATES, OR OTHER LOCATION INCLUDED IN
A  DOMESTIC  UNITED  STATES  CALLING PLAN, for the purposes of obtaining
counsel and informing a relative or   friend that he  has  been  charged
with an offense; and
  S  4. Paragraph (b) of subdivision 3 of section 180.10 of the criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or  by  telephone  TO  A
PHONE NUMBER LOCATED IN THE UNITED STATES, OR OTHER LOCATION INCLUDED IN
A  DOMESTIC  UNITED  STATES  CALLING  PLAN, for the purpose of obtaining
counsel and informing a relative or friend that he has been charged with
an offense; and
  S 5. Paragraph (b) of subdivision 2 of section 210.15 of the  criminal
procedure law is amended to read as follows:
  (b)  To  communicate,  free  of charge, by letter or by telephone TO A
PHONE NUMBER LOCATED IN THE UNITED STATES, OR OTHER LOCATION INCLUDED IN
A DOMESTIC UNITED STATES CALLING PLAN, for  the  purposes  of  obtaining
counsel and informing a relative or friend that he has been charged with
an offense; and
  S 6. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A8530D - Details

Laws Affected:: Amd §§120.90, 140.20, 170.10, 180.10 & 210.15, CP L

2009-A8530D - Summary

Entitles defendants charged with an offense the ability to telephone any number located in the United States or Puerto Rico for the purpose of obtaining counsel and informing a relative or friend.

2009-A8530D - Bill Text download pdf

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

                                 8530--D
                                                        Cal. No. 604

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2009
                               ___________

Introduced  by  M.  of  A.  DenDEKKER,  LANCMAN, CAMARA, ABBATE, MAISEL,
  CHRISTENSEN, ORTIZ, WRIGHT, HEVESI, BOYLAND, AUBRY,  ESPAILLAT,  MENG,
  KELLNER,  POWELL,  PHEFFER, SKARTADOS, GABRYSZAK, JEFFRIES, MAYERSOHN,
  PERALTA, BROOK-KRASNY, PRETLOW, O'DONNELL, LENTOL, WEISENBERG, BARRON,
  HEASTIE, MARKEY, RAIA, MILLMAN, SPANO, KOON, COLTON,  BENJAMIN,  SCAR-
  BOROUGH,  PEOPLES-STOKES,  FIELDS,  McDONOUGH,  CASTRO,  COOK,  PERRY,
  ZEBROWSKI --  Multi-Sponsored  by  --  M.  of  A.  BACALLES,  BRENNAN,
  CALHOUN,  GALEF,  GLICK,  GOTTFRIED,  LATIMER, LAVINE, McENENY, NOLAN,
  O'MARA, QUINN, SALADINO, SCHIMEL, SWEENEY, TITONE  --  read  once  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee -- reported from  committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the criminal procedure law,  in  relation  to  providing
  defendants  the  ability  to  call any telephone number located in the
  United States or Puerto Rico for the purpose of obtaining counsel  and
  informing  a  relative  or  friend  that they have been charged with a
  crime

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

  Section 1.  Section 120.90 of the criminal procedure law is amended by
adding a new subdivision 8 to read as follows:
  8. UPON ARRESTING A DEFENDANT, OTHER THAN A JUVENILE OFFENDER, FOR ANY
OFFENSE  PURSUANT  TO  A WARRANT OF ARREST, A POLICE OFFICER SHALL, UPON
THE DEFENDANT'S REQUEST, PERMIT THE DEFENDANT TO  COMMUNICATE  BY  TELE-
PHONE  PROVIDED  BY  THE LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS
HELD TO A PHONE NUMBER LOCATED ANYWHERE IN THE UNITED STATES  OR  PUERTO

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

                                                           LBD14089-08-0

A. 8530--D                          2

RICO,  FOR THE PURPOSES OF INFORMING A RELATIVE OR FRIEND THAT HE OR SHE
HAS BEEN ARRESTED, UNLESS GRANTING THE CALL WILL COMPROMISE  AN  ONGOING
INVESTIGATION  OR  THE PROSECUTION OF THE DEFENDANT.  IF THE OFFICER HAS
SEIZED A CELLPHONE OR OTHER DIGITAL DEVICE FROM THE DEFENDANT, THE OFFI-
CER SHALL GRANT THE DEFENDANT ACCESS TO THE CELLPHONE OR DEVICE, FOR THE
PURPOSE  OF LOCATING A TELEPHONE NUMBER CONTAINED THEREIN, UNLESS GRANT-
ING SUCH ACCESS WILL COMPROMISE AN ONGOING INVESTIGATION OR  THE  PROSE-
CUTION OF THE DEFENDANT.
  S 2. Section 140.20 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  UPON  ARRESTING  A PERSON, OTHER THAN A JUVENILE OFFENDER, FOR ANY
OFFENSE WITHOUT A WARRANT, A POLICE OFFICER  SHALL,  UPON  THE  ARRESTED
PERSON'S REQUEST, PERMIT HIM OR HER TO COMMUNICATE BY TELEPHONE PROVIDED
BY  THE  LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO A PHONE
NUMBER LOCATED IN THE UNITED STATES OR PUERTO RICO, FOR THE PURPOSES  OF
INFORMING  A RELATIVE OR FRIEND THAT HE OR SHE HAS BEEN ARRESTED, UNLESS
GRANTING THE CALL WILL COMPROMISE AN ONGOING INVESTIGATION OR THE PROSE-
CUTION OF THE DEFENDANT.  IF THE OFFICER HAS SEIZED A CELLPHONE OR OTHER
DIGITAL DEVICE FROM THE PERSON, THE  OFFICER  SHALL  GRANT  HIM  OR  HER
ACCESS  TO  THE CELLPHONE OR DEVICE, FOR THE PURPOSE OF LOCATING A TELE-
PHONE NUMBER CONTAINED THEREIN, UNLESS GRANTING SUCH ACCESS WILL COMPRO-
MISE AN ONGOING INVESTIGATION OR THE PROSECUTION OF THE DEFENDANT.
  S 3. Paragraph (b) of subdivision 3 of section 170.10 of the  criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or by telephone PROVIDED
BY  THE  LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO A PHONE
NUMBER LOCATED IN THE UNITED STATES, OR PUERTO RICO, for the purposes of
obtaining counsel and informing a relative or friend that he OR SHE  has
been charged with an offense; and
  S  4. Paragraph (b) of subdivision 3 of section 180.10 of the criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or by telephone PROVIDED
BY THE LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO  A  PHONE
NUMBER  LOCATED  IN THE UNITED STATES OR PUERTO RICO, for the purpose of
obtaining counsel and informing a relative or friend that he OR SHE  has
been charged with an offense; and
  S  5. Paragraph (b) of subdivision 2 of section 210.15 of the criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or by telephone PROVIDED
BY THE LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO  A  PHONE
NUMBER  LOCATED IN THE UNITED STATES OR PUERTO RICO, for the purposes of
obtaining counsel and informing a relative or friend that he OR SHE  has
been charged with an offense; and
  S 6. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A8530E (ACTIVE) - Details

Laws Affected:: Amd §§120.90, 140.20, 170.10, 180.10 & 210.15, CP L

2009-A8530E (ACTIVE) - Summary

Entitles defendants charged with an offense the ability to telephone any number located in the United States or Puerto Rico for the purpose of obtaining counsel and informing a relative or friend.

2009-A8530E (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8530E

TITLE  OF BILL:  An act to amend the criminal procedure law, in relation
to providing defendants the ability to call any telephone number located
in the United States or Puerto Rico for the purpose of obtaining counsel
and informing a relative or friend that they have been  charged  with  a
crime

PURPOSE  OR GENERAL IDEA OF BILL: To establish the right to make a local
or long distance phone call and to access phone numbers stored in  one's
cell phone upon arrest.

JUSTIFICATION:  While  most  police  departments already permit arrested
persons to make "one phone call," this right is not codified in statute.
Current statute guarantees the right to a  free  phone  call  only  upon
arraignment.  In  large cities, where there often is a delay of 24 hours
or more between arrest and arraignment, the  law  should  guarantee  the
right  to  a  phone  call  before  arraignment, during arrest processing
procedures.

Additionally, some law enforcement agencies restrict the free phone call
to the local area code of the specific agency. For example, in New  York
City's  71st  Precinct,  a  man  arrested for biking on the sidewalk was
subjected to 35 hours of detention without his  wallet,  and  could  not
contact  his panic-stricken family, because he was not familiar with any
local phone numbers; his wife's cell  phone  had  an  out-of-state  area

code. With the rapid decline in the cost of domestic long-distance call-
ing,  and  the  fact  that  on  cell phones, the location of the parties
normally does not affect the cost of the  call  at  all,  restricting  a
prisoner to one "local" phone call has become obsolete. One advantage of
cell  phones  is  that  they may be purchased in one place, and assigned
that location's area code, but used anywhere in the country.

Finally, the increasing number of persons who rely exclusively  on  cell
phones  often  do  not  memorize  their  friends'  and  relatives' phone
numbers, or keep them on paper. Instead, they use the cell phone's tech-
nical features to retrieve the phone number. As arrestees typically have
their personal property, including cell phones,, seized and vouchered by
the police for safekeeping, the right to a free phone call can  only  be
effectuated for some arrestees if they have the right to access the cell
phone to locate the number of the relative or friend they wish to call.

In  short,  the law must keep pace with technology to assure an individ-
ual's right to make the one critical phone call at the time it is needed
most.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Minimal cost to law enforcement agencies.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after  it
shall have become law.

2009-A8530E (ACTIVE) - Bill Text download pdf

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

                                 8530--E
                                                        Cal. No. 604

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2009
                               ___________

Introduced  by  M.  of  A.  DenDEKKER,  LANCMAN, CAMARA, ABBATE, MAISEL,
  CHRISTENSEN, ORTIZ, WRIGHT, HEVESI, BOYLAND, AUBRY,  ESPAILLAT,  MENG,
  KELLNER,  POWELL,  PHEFFER, SKARTADOS, GABRYSZAK, JEFFRIES, MAYERSOHN,
  PERALTA, BROOK-KRASNY, PRETLOW, O'DONNELL, LENTOL, WEISENBERG, BARRON,
  HEASTIE, MARKEY, RAIA, MILLMAN, SPANO, KOON, COLTON,  BENJAMIN,  SCAR-
  BOROUGH,  PEOPLES-STOKES,  FIELDS,  McDONOUGH,  CASTRO,  COOK,  PERRY,
  ZEBROWSKI --  Multi-Sponsored  by  --  M.  of  A.  BACALLES,  BRENNAN,
  CALHOUN,  GALEF,  GLICK,  GOTTFRIED,  LATIMER, LAVINE, McENENY, NOLAN,
  O'MARA, QUINN, SALADINO, SCHIMEL, SWEENEY, TITONE  --  read  once  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee -- reported from  committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading  --  again  amended  on  third
  reading,  ordered reprinted, retaining its place on the order of third
  reading

AN ACT to amend the criminal procedure law,  in  relation  to  providing
  defendants  the  ability  to  call any telephone number located in the
  United States or Puerto Rico for the purpose of obtaining counsel  and
  informing  a  relative  or  friend  that they have been charged with a
  crime

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

  Section 1.  Section 120.90 of the criminal procedure law is amended by
adding a new subdivision 8 to read as follows:
  8. UPON ARRESTING A DEFENDANT, OTHER THAN A JUVENILE OFFENDER, FOR ANY
OFFENSE  PURSUANT  TO  A WARRANT OF ARREST, A POLICE OFFICER SHALL, UPON
THE DEFENDANT'S REQUEST, PERMIT THE DEFENDANT TO  COMMUNICATE  BY  TELE-

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

                                                           LBD14089-09-0

A. 8530--E                          2

PHONE  PROVIDED  BY  THE LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS
HELD TO A PHONE NUMBER LOCATED ANYWHERE IN THE UNITED STATES  OR  PUERTO
RICO,  FOR THE PURPOSES OF OBTAINING COUNSEL AND INFORMING A RELATIVE OR
FRIEND  THAT  HE OR SHE HAS BEEN ARRESTED, UNLESS GRANTING THE CALL WILL
COMPROMISE AN ONGOING INVESTIGATION OR THE PROSECUTION OF THE DEFENDANT.
IF THE OFFICER HAS SEIZED A CELLPHONE OR OTHER DIGITAL DEVICE  FROM  THE
DEFENDANT, THE OFFICER SHALL GRANT THE DEFENDANT ACCESS TO THE CELLPHONE
OR  DEVICE,  FOR  THE  PURPOSE  OF LOCATING A TELEPHONE NUMBER CONTAINED
THEREIN, UNLESS GRANTING SUCH ACCESS WILL COMPROMISE AN ONGOING INVESTI-
GATION OR THE PROSECUTION OF THE DEFENDANT.
  S 2. Section 140.20 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7. UPON ARRESTING A PERSON, OTHER THAN A JUVENILE  OFFENDER,  FOR  ANY
OFFENSE  WITHOUT  A  WARRANT,  A POLICE OFFICER SHALL, UPON THE ARRESTED
PERSON'S REQUEST, PERMIT HIM OR HER TO COMMUNICATE BY TELEPHONE PROVIDED
BY THE LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO  A  PHONE
NUMBER  LOCATED IN THE UNITED STATES OR PUERTO RICO, FOR THE PURPOSES OF
OBTAINING COUNSEL AND INFORMING A RELATIVE OR FRIEND THAT HE OR SHE  HAS
BEEN  ARRESTED,  UNLESS  GRANTING  THE  CALL  WILL COMPROMISE AN ONGOING
INVESTIGATION OR THE PROSECUTION OF THE DEFENDANT.  IF THE  OFFICER  HAS
SEIZED  A CELLPHONE OR OTHER DIGITAL DEVICE FROM THE PERSON, THE OFFICER
SHALL GRANT HIM OR HER ACCESS  TO  THE  CELLPHONE  OR  DEVICE,  FOR  THE
PURPOSE  OF LOCATING A TELEPHONE NUMBER CONTAINED THEREIN, UNLESS GRANT-
ING SUCH ACCESS WILL COMPROMISE AN ONGOING INVESTIGATION OR  THE  PROSE-
CUTION OF THE DEFENDANT.
  S  3. Paragraph (b) of subdivision 3 of section 170.10 of the criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or by telephone PROVIDED
BY THE LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO  A  PHONE
NUMBER LOCATED IN THE UNITED STATES, OR PUERTO RICO, for the purposes of
obtaining  counsel and informing a relative or friend that he OR SHE has
been charged with an offense; and
  S 4. Paragraph (b) of subdivision 3 of section 180.10 of the  criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or by telephone PROVIDED
BY  THE  LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO A PHONE
NUMBER LOCATED IN THE UNITED STATES OR PUERTO RICO, for the  purpose  of
obtaining  counsel and informing a relative or friend that he OR SHE has
been charged with an offense; and
  S 5. Paragraph (b) of subdivision 2 of section 210.15 of the  criminal
procedure law is amended to read as follows:
  (b) To communicate, free of charge, by letter or by telephone PROVIDED
BY  THE  LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO A PHONE
NUMBER LOCATED IN THE UNITED STATES OR PUERTO RICO, for the purposes  of
obtaining  counsel and informing a relative or friend that he OR SHE has
been charged with an offense; and
  S 6. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Assembly Bill A8530

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Sponsored By

DENDEKKER

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Rory Lancman

Karim Camara

Peter Abbate

Alan Maisel

multi-Sponsors

James Bacalles

James F. Brennan

Nancy Calhoun

Deborah Glick

2009-A8530 - Details

2009-A8530 - Summary

2009-A8530 - Sponsor Memo

2009-A8530 - Bill Text download pdf

co-Sponsors

Rory Lancman

Karim Camara

Peter Abbate

Alan Maisel

multi-Sponsors

James Bacalles

James F. Brennan

Nancy Calhoun

Deborah Glick

2009-A8530A - Details

2009-A8530A - Summary

2009-A8530A - Sponsor Memo

2009-A8530A - Bill Text download pdf

co-Sponsors

Rory Lancman

Karim Camara

Peter Abbate

Alan Maisel