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Senate Bill S7204

2019-2020 Legislative Session

Relates to the waiver of the execution of a warrant in certain circumstances

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S7204 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §120.80, CP L

2019-S7204 (ACTIVE) - Summary

Relates to the waiver of the execution of a warrant in certain circumstances.

2019-S7204 (ACTIVE) - Sponsor Memo

2019-S7204 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7204
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 waiver of
   the execution of a warrant in certain circumstances
 
   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) WHENEVER A POLICE OFFICER IS  AWARE  OF  A  WARRANT  OF  ARREST
 ISSUED BY A COURT IN THIS STATE FOR  PERSON AND SUCH OFFICER HAS CONTACT
 WITH  THE PERSON BECAUSE THE PERSON IS REQUESTING OR RECEIVING EMERGENCY
 MEDICAL ASSISTANCE OR MEDICAL FORENSIC SERVICES FOR SEXUAL ASSAULT AT  A
 MEDICAL  FACILITY,  IF THE WARRANT OF ARREST IS NOT FOR A VIOLENT FELONY
 OFFENSE AS DEFINED IN SECTION 70.02 OF THE  PENAL  LAW,  OR  AN  ALLEGED
 VIOLATION  OF  PAROLE OR MANDATORY SUPERVISED RELEASE, THE OFFICER SHALL
 CONTACT THE  PROSECUTING  AUTHORITY  OF  THE  JURISDICTION  ISSUING  THE
 WARRANT, OR IF THAT PROSECUTOR IS NOT AVAILABLE, THE PROSECUTING AUTHOR-
 ITY  FOR  THE  JURISDICTION  THAT COVERS THE MEDICAL FACILITY TO REQUEST
 WAIVER OF THE PROMPT EXECUTION OF THE WARRANT. THE PROSECUTING AUTHORITY
 MAY SECURE A COURT ORDER WAIVING THE IMMEDIATE EXECUTION OF THE  WARRANT
 AND  PROVIDE  A COPY TO THE POLICE OFFICER. AS USED IN THIS  SUBDIVISION
 "SEXUAL ASSAULT" MEANS AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED  THIRTY
 OR  TWO  HUNDRED  SIXTY-THREE  OF  THE  PENAL LAW, OR IN SECTION 255.25,
 255.26 OR 255.27 OF THE PENAL LAW, OR AN ATTEMPT TO COMMIT  ANY  OF  THE
 FOREGOING OFFENSES.
   (B)  WHENEVER  A  POLICE OFFICER HAS A WARRANT OF ARREST FOR A PERSON,
 SUBJECT TO THE SAME LIMITATIONS  DESCRIBED  IN  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  AND THE POLICE OFFICER HAS CONTACT WITH THE PERSON BECAUSE
 THE PERSON REPORTED THAT HE OR SHE WAS  SEXUALLY  ASSAULTED  WITHIN  THE
 PAST  SEVEN  DAYS, THE OFFICER SHALL NOTIFY THE PERSON THAT IF HE OR SHE
 CHOOSES TO GO TO A MEDICAL FACILITY TO SEEK ANY SERVICES RELATED TO SUCH
 INCIDENT, THE OFFICER SHALL INFORM THE PROSECUTING AUTHORITY TO  REQUEST
 WAIVER OF THE PROMPT EXECUTION OF THE WARRANT.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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