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Assembly Bill A10624

2019-2020 Legislative Session

Relates to requiring arrests be recorded or else such arrest is void and the defendant is discharged

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Archive: Last Bill Status - In Assembly Committee

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2019-A10624 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§120.80, 140.15 & 140.27, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1607
2023-2024: A664

2019-A10624 (ACTIVE) - Summary

Requires arrests be recorded or else such arrest is void and the defendant is discharged.

2019-A10624 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10624
 
                           I N  A S S E M B L Y
 
                               June 10, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Carroll) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   arrests  be  recorded or else such arrest is void and the defendant is
   discharged
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 120.80 of the criminal procedure law is amended by
 adding a new subdivision 6 to read as follows:
   6. A WARRANT FOR ARREST SHALL NOT BE EXECUTED WITHOUT THE EXECUTION OF
 SUCH WARRANT BEING RECORDED  BY  A  FUNCTIONING  AND  UNOBSTRUCTED  BODY
 CAMERA  OR OTHER VIDEO RECORDING DEVICE. IF THE EXECUTION OF THE WARRANT
 IS NOT RECORDED ON VIDEO BY THE POLICE OFFICERS EXECUTING  THE  WARRANT,
 THE ARREST SHALL BE DEEMED VOID AND THE DEFENDANT SHALL BE DISCHARGED.
   § 2. Section 140.15 of the criminal procedure law is amended by adding
 a new subdivision 5 to read as follows:
   5. THE ARRESTING POLICE OFFICER SHALL RECORD SUCH ARREST USING A FUNC-
 TIONING AND UNOBSTRUCTED BODY CAMERA OR OTHER VIDEO RECORDING DEVICE. IF
 SUCH ARREST WAS NOT RECORDED ON VIDEO BY THE POLICE OFFICERS MAKING SUCH
 ARREST,  SUCH  ARREST  SHALL  BE  DEEMED VOID AND THE DEFENDANT SHALL BE
 DISCHARGED.
   § 3. Section 140.27 of the criminal procedure law is amended by adding
 a new subdivision 6 to read as follows:
   6. THE ARRESTING PEACE OFFICER SHALL RECORD SUCH ARREST USING A  FUNC-
 TIONING AND UNOBSTRUCTED BODY CAMERA OR OTHER VIDEO RECORDING DEVICE. IF
 SUCH  ARREST WAS NOT RECORDED ON VIDEO BY THE PEACE OFFICERS MAKING SUCH
 ARREST, SUCH ARREST SHALL BE DEEMED VOID  AND  THE  DEFENDANT  SHALL  BE
 DISCHARGED.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16626-01-0

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