senate Bill S5627

2013-2014 Legislative Session

Relates to suspects charged with crimes of terrorism

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jun 21, 2013 committed to rules
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1163
May 30, 2013 referred to codes

Votes

view votes

Jun 5, 2013 - Codes committee Vote

S5627
9
5
committee
9
Aye
5
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jun 5, 2013

aye wr (1)

Co-Sponsors

S5627 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง60.45, CP L

S5627 - Summary

Relates to suspects charged with crimes of terrorism.

S5627 - Sponsor Memo

S5627 - Bill Text download pdf

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

                                  5627

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- 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  the  state-
  ments  of  defendants suspected of committing, facilitating or partic-
  ipating in any crime related to an act of terrorism

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

  Section  1.  Section 60.45 of the criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
  3. ANY DEFENDANT, WHO IS A  CITIZEN  OF  THE  UNITED  STATES,  WHO  IS
SUSPECTED  OF  COMMITTING,  FACILITATING  OR  PARTICIPATING IN ANY CRIME
RELATED TO AN ACT OF TERRORISM AS DEFINED IN SECTION 490.05 OF THE PENAL
LAW, SHALL NOT BE REQUIRED TO BE CHARGED, BE GIVEN MIRANDA WARNINGS,  OR
BE  ALLOWED ACCESS TO COUNSEL, FOR NOT LESS THAN FORTY-EIGHT HOURS AFTER
BEING TAKEN INTO CUSTODY. ANY STATEMENT BY SUCH A DEFENDANT, WITHIN SUCH
FORTY-EIGHT HOUR PERIOD, SHALL NOT BE USED AS EVIDENCE IN THE  TRIAL  OF
SUCH  DEFENDANT  WITHOUT  HIS  OR  HER  CONSENT PROVIDED AFTER HAVING AN
OPPORTUNITY TO CONSULT WITH COUNSEL. ANY EVIDENCE OBTAINED AS  A  RESULT
OF,  OR  DERIVED  FROM,  A  STATEMENT  BY  SUCH  DEFENDANT,  WITHIN SUCH
FORTY-EIGHT HOUR PERIOD, MAY BE USED AS EVIDENCE IN THE  TRIAL  OF  SUCH
DEFENDANT,  IF  IT CAN BE DEMONSTRATED THAT SUCH EVIDENCE SO OBTAINED OR
DERIVED, COULD HAVE REASONABLY BEEN DISCOVERED WITHOUT  SUCH  STATEMENT.
ANY  DEFENDANT,  WHO  IS  NOT  A  CITIZEN  OF  THE UNITED STATES, WHO IS
SUSPECTED OF COMMITTING, FACILITATING  OR  PARTICIPATING  IN  ANY  CRIME
RELATED TO AN ACT OF TERRORISM AS DEFINED IN SECTION 490.05 OF THE PENAL
LAW,  SHALL  BE  DEEMED  A  FOREIGN  ENEMY  COMBATANT,  AND SHALL NOT BE
REQUIRED TO BE CHARGED, BE GIVEN MIRANDA WARNINGS, OR BE ALLOWED  ACCESS
TO  COUNSEL. A FOREIGN ENEMY COMBATANT SHALL BE DELIVERED TO THE CUSTODY
OF FEDERAL AUTHORITIES, OR SHALL BE REQUIRED TO  BE  CHARGED,  BE  GIVEN
MIRANDA  WARNINGS,  OR  BE ALLOWED ACCESS TO COUNSEL, WITHIN FORTY-EIGHT
HOURS OF BEING TAKEN INTO CUSTODY. ANY STATEMENT BY SUCH A FOREIGN ENEMY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11295-01-3

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