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Assembly Bill A11177A

Signed By Governor

2009-2010 Legislative Session

Relates to prohibiting the recording of certain identifying information of a person subjected to temporary questioning or search in a public place by police

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Archive: Last Bill Status Via S7945 - Signed by Governor

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multi-Sponsors

2009-A11177 - Details

See Senate Version of this Bill:
S7945
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.50, CP L

2009-A11177 - Summary

Prohibits the electronic recording of certain information identifying information of a person subjected to temporary questioning or search in a public place by police officers.

2009-A11177 - Bill Text download pdf 

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

                                  11177

                          I N  A S S E M B L Y

                              May 24, 2010
                               ___________

Introduced   by   M.   of  A.  JEFFRIES,  AUBRY,  MILLMAN,  CHRISTENSEN,
  PEOPLES-STOKES, BENJAMIN, GIBSON, CRESPO, ROBINSON --  Multi-Sponsored
  by  --  M.  of A. GLICK, LIFTON, ORTIZ, REILLY, TOWNS -- read once and
  referred to the Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  temporary
  questioning of persons in public places

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

  Section 1. Section 140.50 of the criminal procedure law is amended  by
adding a new subdivision 4 to read as follows:
  4. INFORMATION THAT ESTABLISHES THE PERSONAL IDENTITY OF AN INDIVIDUAL
WHO  HAS  BEEN STOPPED, QUESTIONED AND/OR FRISKED BY A POLICE OFFICER OR
PEACE OFFICER, SUCH AS THE NAME, ADDRESS OR SOCIAL  SECURITY  NUMBER  OF
SUCH PERSON, SHALL NOT BE RECORDED IN A COMPUTERIZED OR ELECTRONIC DATA-
BASE  IF  THAT  INDIVIDUAL  IS  RELEASED  WITHOUT  FURTHER LEGAL ACTION;
PROVIDED, HOWEVER, THAT THIS PROVISION DOES NOT PROHIBIT POLICE OR PEACE
OFFICERS FROM INCLUDING IN A COMPUTERIZED OR ELECTRONIC DATABASE GENERIC
CHARACTERISTICS OF AN INDIVIDUAL, SUCH AS RACE AND GENDER, WHO HAS  BEEN
STOPPED, QUESTIONED AND/OR FRISKED BY A POLICE OFFICER OR PEACE OFFICER.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17469-01-0

co-Sponsors

multi-Sponsors

2009-A11177A (ACTIVE) - Details

See Senate Version of this Bill:
S7945
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.50, CP L

2009-A11177A (ACTIVE) - Summary

Prohibits the electronic recording of certain information identifying information of a person subjected to temporary questioning or search in a public place by police officers.

2009-A11177A (ACTIVE) - Bill Text download pdf 

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

                                11177--A
                                                           R. R. 113

                          I N  A S S E M B L Y

                              May 24, 2010
                               ___________

Introduced   by   M.   of  A.  JEFFRIES,  AUBRY,  MILLMAN,  CHRISTENSEN,
  PEOPLES-STOKES, BENJAMIN, GIBSON, CRESPO, ROBINSON, N. RIVERA,  PERRY,
  CAMARA  --  Multi-Sponsored  by -- M. of A. FARRELL, GLICK, GOTTFRIED,
  LIFTON, ORTIZ, REILLY, TOWNS -- read once and referred to the  Commit-
  tee  on Codes -- 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 temporary
  questioning of persons in public places in cities with a population of
  one million or more

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

  Section  1. Section 140.50 of the criminal procedure law is amended by
adding a new subdivision 4 to read as follows:
  4. IN CITIES WITH A POPULATION OF ONE  MILLION  OR  MORE,  INFORMATION
THAT  ESTABLISHES  THE  PERSONAL  IDENTITY OF AN INDIVIDUAL WHO HAS BEEN
STOPPED, QUESTIONED AND/OR FRISKED BY A POLICE OFFICER OR PEACE OFFICER,
SUCH AS THE NAME, ADDRESS OR SOCIAL  SECURITY  NUMBER  OF  SUCH  PERSON,
SHALL  NOT  BE RECORDED IN A COMPUTERIZED OR ELECTRONIC DATABASE IF THAT
INDIVIDUAL IS RELEASED WITHOUT FURTHER LEGAL ACTION; PROVIDED,  HOWEVER,
THAT  THIS SUBDIVISION SHALL NOT PROHIBIT POLICE OFFICERS OR PEACE OFFI-
CERS FROM INCLUDING IN A COMPUTERIZED  OR  ELECTRONIC  DATABASE  GENERIC
CHARACTERISTICS  OF AN INDIVIDUAL, SUCH AS RACE AND GENDER, WHO HAS BEEN
STOPPED, QUESTIONED AND/OR FRISKED BY A POLICE OFFICER OR PEACE OFFICER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17469-03-0

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