Senate Bill S5688

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 Via A8530 - 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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Date of Action	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
Mar 22, 2010	substituted by a8530e
Mar 18, 2010	advanced to third reading
Mar 17, 2010	2nd report cal.
Mar 16, 2010	1st report cal.268
Feb 03, 2010	print number 5688d
Feb 03, 2010	amend and recommit to codes
Jan 25, 2010	print number 5688c
Jan 25, 2010	amend (t) and recommit to codes
Jan 06, 2010	referred to codes
Jun 23, 2009	print number 5688b
Jun 23, 2009	amend and recommit to codes
Jun 11, 2009	print number 5688a
Jun 11, 2009	amend (t) and recommit to codes
May 27, 2009	referred to codes

Votes

- Apr 14, 2010 - Floor Vote
  A8530
  
  Aye
  
  36
  
  Nay
  
  26
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - 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
  Mar 16, 2010 - Codes Committee Vote
  S5688
  
  Aye
  
  12
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Mar 16, 2010
      
      aye (12)
      
      Breslin
      
      Duane
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (3)
      
      DeFrancisco
      
      Saland
      
      Volker
      
      aye wr (1)
      
      Bonacic

Bill Amendments

Original

D (Active)

2009-S5688 - Details

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

2009-S5688 - 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-S5688 - Sponsor Memo

2009-S5688 - 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

View additional co-sponsors

2009-S5688A - Details

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

2009-S5688A - 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-S5688A - Sponsor Memo

                                 BILL NUMBER:  S5688A

 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 long distance phone calls upon an
individual's arrest

 SUMMARY OF SPECIFIC PROVISIONS :
Wording is added to each of the following sections to allow long
distance telephone calls: Section 120.90 of the criminal procedure law
is amended by adding a new subdivision 8; Section 140.20 of the
criminal procedure law is amended by adding a new subdivision 7;
paragraph (b) of subdivision 3 of section 170.10 of the criminal
procedure law, and paragraph (b) of subdivision 2 of section 210.15 of
the criminal procedure law is amended.

 JUSTIFICATION :
Under current legislation, law enforcement agencies are required to
provide an arrested individual with one phone call. The call is

restricted to the local area code of that specific agency. Cell phones
are becoming a more common and sometimes only source of communication.
Long distance calls have no effect to cost making it easy and
convenient for consumers to purchase cell phones at varying locations.
Different area codes no longer act as a barrier to the people in
normal circumstances.

Many people become dependent on the use of cell phones. In New York
City at the 71st Precinct of the NYPD, a man arrested for a "quality
of life crime" (biking on the sidewalk), was subjected to thirty-five
hours in detainment without his wallet. He was not familiar with any
local numbers and his wife's cell phone originally came from out of
state. The individual could have easily avoided a panic-stricken
family in search of him with a simple cell phone call restricted by
the law's negligence of area codes.

Taking into consideration the rapidly growing cell phone industry, the
declining use of land lines, and costly long-distance phone plans,
criminal procedure law should be amended to accommodate new methods of
communication. Technology should not hinder 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-S5688A - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S5688B - Details

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

2009-S5688B - 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-S5688B - Sponsor Memo

                                 BILL NUMBER:  S5688B

 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-S5688B - Bill Text download pdf

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

                                 5688--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced by Sens. STAVISKY, ADAMS, HASSELL-THOMPSON, HUNTLEY, KRUEGER,
  MONSERRATE,  ONORATO,  SCHNEIDERMAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  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-
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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14089-06-9

S. 5688--B                          2

  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

2009-S5688C - Details

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

2009-S5688C - 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-S5688C - Sponsor Memo

                                 BILL NUMBER:  S5688C

 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 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-S5688C - Bill Text download pdf

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

                                 5688--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by Sens. STAVISKY, ADAMS, ESPADA, HASSELL-THOMPSON, HUNTLEY,
  KRUEGER, MONSERRATE, MONTGOMERY, 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  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to the Committee on Codes in accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, 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 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14089-07-0

S. 5688--C                          2

  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

2009-S5688D (ACTIVE) - Details

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

2009-S5688D (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-S5688D (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5688D

 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 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 or to obtain counsel.

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 on the sixtieth day after becoming law.

2009-S5688D (ACTIVE) - Bill Text download pdf

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

                                 5688--D

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by Sens. STAVISKY, ADAMS, ESPADA, HASSELL-THOMPSON, HUNTLEY,
  KRUEGER, MONSERRATE, MONTGOMERY, ONORATO, OPPENHEIMER, 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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14089-10-0

S. 5688--D                          2

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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