S T A T E O F N E W Y O R K
________________________________________________________________________
4012
2015-2016 Regular Sessions
I N A S S E M B L Y
January 28, 2015
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Introduced by M. of A. WRIGHT -- Multi-Sponsored by -- M. of A. BRENNAN,
FARRELL, ROBINSON -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the execution
of a warrant of arrest; to amend the executive law, in relation to
authorizing the commissioner of the division of criminal justice
services to establish a system to record and monitor the issuance and
execution of search warrants; and to amend the judiciary law, in
relation to authorizing the chief administrator to establish educa-
tional programs for judicial personnel on the law of searches, arrests
and seizures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 690.30 of the criminal procedure
law is amended to read as follows:
2. A search warrant may be executed on any day of the week. [It]
EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, A SEARCH WARRANT may
be executed only between the hours of 6:00 A.M. and 9:00 P.M., unless
the warrant expressly authorizes execution thereof at any time of the
day or night, as provided in subdivision [five] SIX of section 690.45 OF
THIS ARTICLE. NOTWITHSTANDING PARAGRAPH (A) OF SUBDIVISION FOUR OF
SECTION 690.35 OF THIS ARTICLE, A SEARCH WARRANT BASED IN WHOLE OR IN
PART ON THE GROUNDS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION FOUR OF
SECTION 690.35 OF THIS ARTICLE MAY BE EXECUTED ONLY BETWEEN THE HOURS OF
9:00 A.M. AND 6:00 P.M. UNLESS THERE IS REASONABLE CAUSE TO BELIEVE THAT
IT CANNOT BE EXECUTED BETWEEN THOSE HOURS BECAUSE (I) THE PROPERTY
SOUGHT SHALL BE REMOVED OR DESTROYED IF NOT SEIZED FORTHWITH, OR (II) IN
THE CASE OF AN APPLICATION FOR A SEARCH WARRANT AS DEFINED IN PARAGRAPH
(B) OF SUBDIVISION TWO OF SECTION 690.05 OF THIS ARTICLE, THE PERSON
SOUGHT IS LIKELY TO FLEE OR COMMIT ANOTHER CRIME, OR MAY ENDANGER THE
SAFETY OF THE EXECUTING POLICE OFFICERS OR ANOTHER PERSON IF NOT SEIZED
FORTHWITH OR BETWEEN THE HOURS OF 6:00 P.M. AND 9:00 A.M., IN WHICH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05280-01-5
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EVENT THE REQUEST MUST CONTAIN FACTS TO SUPPORT SUCH APPLICATION, AND
THE COURT MUST MAKE A FINDING IN WRITING OR ORALLY ON THE RECORD OR IN
WRITING UPON THE APPLICATION ITSELF SETTING FORTH THE FACTUAL BASIS FOR
THE ISSUANCE OF THE WARRANT PURSUANT TO THIS SUBDIVISION.
S 2. Subdivision 1 of section 690.35 of the criminal procedure law, as
amended by chapter 679 of the laws of 1982, is amended to read as
follows:
1. An application for a search warrant may be in writing or oral. If
in writing, it must be made, subscribed and sworn to by a public servant
specified in subdivision one of section 690.05 OF THIS ARTICLE. If
oral, it must be made by such a public servant and sworn to and recorded
in the manner provided in section 690.36 OF THIS ARTICLE. AN APPLICA-
TION FOR A SEARCH WARRANT BASED EITHER IN WHOLE OR IN PART ON PARAGRAPH
(B) OF SUBDIVISION FOUR OF THIS SECTION, MUST BE MADE TO A COURT BETWEEN
THE HOURS OF 6:00 A.M. AND 9:00 P.M. UNLESS CIRCUMSTANCES REASONABLY
REQUIRE THAT SUCH APPLICATION BE MADE AT ANOTHER TIME, IN WHICH EVENT
SUCH CIRCUMSTANCES SHALL BE STATED IN THE APPLICATION FOR THE WARRANT.
S 3. Section 690.35 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
5. WHEN MAKING AN APPLICATION BASED EITHER IN WHOLE OR IN PART ON
PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION, IN ADDITION TO THE
OTHER REQUIREMENTS FOR AN APPLICATION FOR A SEARCH WARRANT, THE APPLI-
CANT MUST ASCERTAIN, TO THE EXTENT REASONABLY POSSIBLE, WHETHER ANY
PARTIES OTHER THAN ANY SUBJECT OF THE SEARCH WARRANT SHALL BE PRESENT
WHEN THE WARRANT IS EXECUTED, AND IF SO, THE AGE AND PHYSICAL CONDITION
OF THE PARTIES, AND REASONABLE ALTERNATIVES TO EXECUTING SUCH WARRANT IN
THE PRESENCE OF SUCH INDIVIDUALS. THE RESULTS OF SUCH INVESTIGATION
SHALL BE INCLUDED IN THE APPLICATION AND CONFORM WITH THE REQUIREMENTS
OF PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
S 4. Subdivision 1 of section 690.40 of the criminal procedure law is
amended to read as follows:
1. (A) In determining an application for a search warrant the court
may examine, under oath, any person whom it believes may possess perti-
nent information. Any such examination must be either recorded or
summarized on the record by the court.
(B) IN DETERMINING AN APPLICATION FOR A SEARCH WARRANT BASED, EITHER
IN WHOLE OR IN PART, UPON THE GROUNDS DESCRIBED IN PARAGRAPH (B) OF
SUBDIVISION FOUR OF SECTION 690.35 OF THIS ARTICLE, THE COURT SHALL
STATE, WITH SPECIFICITY, IN WRITING OR ORALLY ON THE RECORD OR IN WRIT-
ING UPON THE APPLICATION FOR THE WARRANT ITSELF, THE FACTUAL BASIS FOR
THE ISSUANCE OF THE WARRANT PURSUANT TO SUCH PARAGRAPH.
S 5. Subdivision 6 of section 690.45 of the criminal procedure law, as
renumbered by chapter 679 of the laws of 1982, is amended to read as
follows:
6. A direction that the warrant be executed between the hours of 6:00
A.M. and 9:00 P.M., or, where the court has specially so determined, an
authorization for execution thereof at any time of the day or night
UNLESS THE WARRANT HAS BEEN OBTAINED BASED ON AN APPLICATION BASED IN
WHOLE OR IN PART ON PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 690.35
OF THIS ARTICLE, IN WHICH EVENT THE PROVISIONS OF SUBDIVISION TWO OF
SECTION 690.30 OF THIS ARTICLE RELATING TO THE TIME FOR EXECUTING SUCH
WARRANTS SHALL APPLY; and
S 6. Section 690.50 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. UPON SEIZING PROPERTY OR ARRESTING A PERSON PURSUANT TO A SEARCH
WARRANT ISSUED UNDER THIS ARTICLE, IN ADDITION TO THE REQUIREMENTS OF
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SUBDIVISIONS FIVE AND SIX OF THIS SECTION, THE POLICE OFFICER SHALL FILE
A REPORT WITH THE COURT THAT ISSUED SUCH WARRANT IN A FORM PRESCRIBED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION EIGHT
HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW, SPECIFYING THE FOLLOWING
INFORMATION:
(A) IF APPLICABLE, THE SUBPARAGRAPH OF PARAGRAPH (B) OF SUBDIVISION
FOUR OF SECTION 690.35 OF THIS ARTICLE UPON WHICH SUCH WARRANT WAS
BASED;
(B) THE OFFICER AND AGENCY WHICH OBTAINED THE WARRANT;
(C) THE PROSECUTOR AND PROSECUTING OFFICE WHICH DRAFTED THE WARRANT;
(D) WHETHER THE FACTS CONTAINED IN THE SUPPORTING AFFIDAVIT WERE BASED
UPON A CONFIDENTIAL INFORMANT, OR AN IDENTIFIED CITIZEN INFORMANT OR A
POLICE OFFICER, NONE OF WHOM MUST BE NAMED;
(E) THE DATE AND TIME THE SEARCH WARRANT WAS APPLIED FOR AND THE DATE
AND TIME THE SEARCH WARRANT WAS SIGNED;
(F) THE DATE AND TIME THE SEARCH WARRANT WAS EXECUTED;
(G) THE JUDGE WHO SIGNED AND THE COURT THAT ISSUED THE WARRANT;
(H) WHETHER THE APPLICATION FOR THE WARRANT ISSUED HAD BEEN SUBMITTED
TO ANOTHER JUDGE OTHER THAN THE JUDGE WHO ISSUED THE WARRANT FOR WHICH
THE REPORT IS SUBMITTED AND IF SO, WHEN SUCH APPLICATION OR APPLICATIONS
WERE MADE AND THE RESULT OF EACH SUCH APPLICATION;
(I) THE AGE, SEX AND RACE OF THE INDIVIDUAL TO WHOM SUCH WARRANT WAS
DIRECTED;
(J) WHETHER PHYSICAL FORCE OR DEADLY FORCE WAS USED IN EXECUTING SUCH
WARRANT;
(K) IF PHYSICAL OR DEADLY FORCE WAS USED:
(I) WHETHER ANY INDIVIDUAL WAS INJURED OR KILLED AND IF SO, THE AGE,
SEX AND RACE OF EACH SUCH PERSON; AND
(II) THE STATUS OF EACH SUCH PERSON, SPECIFYING WHETHER EACH WAS THE
SUBJECT OF THE SEARCH WARRANT, A POLICE OFFICER, OR A THIRD-PARTY;
(L) THE ADDRESS WHERE THE WARRANT WAS EXECUTED INCLUDING THE STREET
ADDRESS, CITY OR TOWN, COUNTY AND ZIP CODE;
(M) THE RESULT OF EXECUTING THE WARRANT, SPECIFYING WHETHER:
(I) EVIDENCE WAS SEIZED; AND
(II) ANY INDIVIDUALS WERE ARRESTED, AND IF SO, WHETHER THE SUBJECT OF
THE WARRANT WAS ARRESTED OR OTHER INDIVIDUALS NOT NAMED IN THE WARRANT
WERE ARRESTED; AND
(N) WHETHER ANY PROPERTY WAS DAMAGED DURING THE COURSE OF EXECUTING
THE WARRANT AND A DESCRIPTION THEREOF.
S 7. The criminal procedure law is amended by adding a new section
690.60 to read as follows:
S 690.60 SEARCH WARRANTS; MONETARY RESTITUTION.
1. FOLLOWING THE EXECUTION OF A SEARCH WARRANT ISSUED PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 690.35 OF THIS ARTICLE, THE
OWNER OF THE PLACE OR PREMISES AT WHICH SUCH WARRANT WAS EXECUTED AND
THE OWNER OF ANY PROPERTY LOCATED AT SUCH PREMISES SHALL BE ENTITLED TO
MONETARY RESTITUTION, PAID PROMPTLY BY THE STATE OR MUNICIPALITY EMPLOY-
ING THE OFFICIALS WHO EXECUTED THE WARRANT, FOR A PREMISES, OR ANY PART
THEREOF, AND ANY ITEMS OF PROPERTY AT SUCH PREMISES THAT WERE DAMAGED OR
DESTROYED AS A PART OF THE EXECUTION OF SUCH WARRANT UPON SUCH PREMISES,
UNLESS SUCH OWNER OF SUCH PREMISES OR PROPERTY IS:
(A) CONVICTED OF A CRIME INVOLVING OR RELATING TO PROPERTY SEIZED
PURSUANT TO SUCH WARRANT; OR
(B) CONVICTED OF A CRIME INVOLVING OR RELATING TO THE SEARCH WARRANT
FOR SUCH PREMISES ISSUED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION 690.05 OF THIS ARTICLE.
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2. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AFFECTING ANY OTHER
RIGHT, DUTY OR CAUSE OF ACTION THAT MAY EXIST WITH RESPECT TO ANY PREM-
ISES, OR PART THEREOF, OR ANY PROPERTY THAT MAY BE DAMAGED OR DESTROYED
AS A RESULT OF ANY SUCH ARREST OR SEARCH.
S 8. The executive law is amended by adding a new section 837-s to
read as follows:
S 837-S. ESTABLISH A FORM AND SYSTEM TO RECORD AND MONITOR THE ISSU-
ANCE AND EXECUTION OF SEARCH WARRANTS. 1. THE COMMISSIONER SHALL
PRESCRIBE THE FORM OF DOCUMENT TO BE USED BY EVERY LAW ENFORCEMENT AGEN-
CY OF THE STATE AND OF EACH MUNICIPALITY, CITY, TOWN AND VILLAGE TO
ACCOMPANY A REPORT TO BE PREPARED IN ACCORDANCE WITH SUBDIVISION SEVEN
OF SECTION 690.50 OF THE CRIMINAL PROCEDURE LAW.
2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM TO RECORD AND MONITOR THE
ISSUANCE AND EXECUTION OF SEARCH WARRANTS BY EVERY LAW ENFORCEMENT AGEN-
CY IN THE STATE OF NEW YORK. EVERY COURT THAT ISSUES SEARCH WARRANTS
SHALL FILE ON OR BEFORE THE THIRTY-FIRST DAY OF DECEMBER OF EACH YEAR
WITH THE COMMISSIONER, A COPY OF EACH FORM FILED WITH SUCH COURT AND
PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION, RETAINING THE ORIGINAL
COPY OF SUCH FORM WITH THE COURT. THE COMMISSIONER SHALL COLLECT, PROC-
ESS AND ANALYZE SUCH INFORMATION CONTAINED IN SUCH REPORTS, AND ISSUE A
REPORT BY THE THIRTIETH DAY OF JUNE OF EACH YEAR WHICH SHALL BE MADE
PUBLIC AND A COPY OF WHICH SHALL BE SENT TO THE OFFICE OF COURT ADMINIS-
TRATION, EACH LAW ENFORCEMENT AGENCY, EACH CIVIL COMPLAINT REVIEW BOARD
WITH JURISDICTION OVER A POLICE OR LAW ENFORCEMENT AGENCY, AND TO THE
ATTORNEY GENERAL OF THE STATE OF NEW YORK.
S 9. Section 212 of the judiciary law is amended by adding a new
subdivision 3 to read as follows:
3. THE CHIEF ADMINISTRATOR SHALL ALSO FORMULATE, ESTABLISH AND MAIN-
TAIN EDUCATIONAL PROGRAMS, SEMINARS AND INSTITUTES FOR THE JUDICIAL
PERSONNEL OF THE UNIFIED COURT SYSTEM, TO BE SCHEDULED ON AN ANNUAL
BASIS, OR IF THE CIRCUMSTANCES WARRANT, MORE FREQUENTLY, ON THE LAW OF
SEARCHES, ARRESTS AND SEIZURES UNDER THE LAWS OF THE STATE OF NEW YORK,
WITH EMPHASIS ON THE APPROPRIATE STANDARDS FOR THE ISSUANCE OF ALL
WARRANTS AUTHORIZED UNDER THE CRIMINAL PROCEDURE LAW.
S 10. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.