Senate Bill S4354

2015-2016 Legislative Session

Relates to the execution of a warrant of arrest and establishes educational programs for judicial personnel on the law of searches, arrests and seizures

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2015-S4354 (ACTIVE) - Details

See Assembly Version of this Bill:
A4012
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§690.30, 690.35, 690.40, 690.45 & 690.50, add §690.60, CP L; add §837-s, Exec L; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2594, A1508
2011-2012: S3606, A2196
2013-2014: S1278, A2935
2017-2018: S2658, A7040
2019-2020: S8517, A10605

2015-S4354 (ACTIVE) - Summary

Relates to the execution of a warrant of arrest; authorizes 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 authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

2015-S4354 (ACTIVE) - Sponsor Memo

2015-S4354 (ACTIVE) - Bill Text download pdf

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

                                  4354

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 16, 2015
                               ___________

Introduced  by Sen. HAMILTON -- 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 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
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.