S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7040
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  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.
              

                                                            LBD00697-01-7

 A. 7040                             2
 
 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.
   § 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.
   § 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.
   §  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.
   § 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
   § 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

 A. 7040                             3
 
 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-T  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.
   § 7. The criminal procedure law is amended by  adding  a  new  section
 690.60 to read as follows:
 § 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.

 A. 7040                             4
 
   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.
   §  8.  The  executive  law is amended by adding a new section 837-t to
 read as follows:
   § 837-T. 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.
   §  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.
   § 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.