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Senate Bill S3916

2013-2014 Legislative Session

Provides that a woman shall be given the option of having a female officer perform a search on her person when one is authorized by law

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S3916 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง140.50, CP L

2013-S3916 (ACTIVE) - Summary

Provides that a woman shall be given the option of having a female officer perform a search on her person when one is authorized by law.

2013-S3916 (ACTIVE) - Sponsor Memo

2013-S3916 (ACTIVE) - Bill Text download pdf 

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

                                  3916

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 searching a
  detained person for weapons

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

  Section  1.  Subdivision 3 of section 140.50 of the criminal procedure
law, as amended by chapter 911 of the laws of 1972, is amended  to  read
as follows:
  3.  (A)  When upon stopping a person under circumstances prescribed in
subdivisions one and two a police officer or court officer, as the  case
may  be, reasonably suspects that he is in danger of physical injury, he
may search such person for a deadly weapon or any instrument, article or
substance readily capable of causing serious physical injury  and  of  a
sort  not ordinarily carried in public places by law-abiding persons. If
he finds such a weapon or instrument, or any other  property  possession
of  which  he  reasonably  believes  may  constitute the commission of a
crime, he may take it and keep it until the completion of the  question-
ing,  at which time he shall either return it, if lawfully possessed, or
arrest such person.
  (B) WHENEVER A FEMALE INDIVIDUAL IS TO BE SEARCHED  PURSUANT  TO  THIS
SUBDIVISION  BY  A MALE POLICE OFFICER, THE OFFICER SHALL GIVE THE INDI-
VIDUAL THE OPPORTUNITY TO HAVE THE SEARCH CONDUCTED BY A FEMALE OFFICER.
IF THE INDIVIDUAL CHOOSES TO HAVE A FEMALE OFFICER PERFORM  THE  SEARCH,
THE QUESTIONING OFFICER SHALL DETAIN THE INDIVIDUAL AND NO SEARCH OF THE
INDIVIDUAL SHALL BE CONDUCTED UNTIL THE FEMALE OFFICER ARRIVES.
  (C)  THE  PROVISIONS  OF  PARAGRAPH  (B) OF THIS SUBDIVISION SHALL NOT
APPLY: (I) WHEN THERE ARE NO FEMALE  OFFICERS  EMPLOYED  BY  THE  POLICE
DEPARTMENT  OF  THE  QUESTIONING  OFFICER, OR (II) WHEN THERE ARE FEMALE
OFFICERS EMPLOYED BY THE POLICE DEPARTMENT OF THE  QUESTIONING  OFFICER,
BUT NO SUCH FEMALE OFFICER IS WORKING AT THE TIME OF THE TEMPORARY QUES-
TIONING.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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