S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8707--A
 
                             I N  S E N A T E
 
                               July 9, 2020
                                ___________
 
 Introduced by Sens. GIANARIS, BAILEY, CARLUCCI, HOYLMAN, JACKSON, KRUEG-
   ER,  LIU,  SALAZAR -- read twice and ordered printed, and when printed
   to be committed to the Committee on Rules -- committee discharged  and
   said bill committed to the Committee on Codes -- committee discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee

 AN ACT to amend the criminal procedure law and the  civil  practice  law
   and  rules,  in  relation to detaining persons for longer than twenty-
   four hours
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 140.20 of the criminal procedure law is amended by
 adding a new subdivision 9 to read as follows:
   9. FOR PURPOSES OF THIS SECTION, "UNNECESSARY DELAY" SHALL MEAN BEFORE
 TWENTY-FOUR HOURS OR LESS HAVE EXPIRED, COMMENCING AT THE  TIME  OF  THE
 PERSON  BEING  TAKEN  INTO CUSTODY BY SUCH POLICE OFFICER, OR ANY PERSON
 ACTING ON BEHALF OF A POLICE OFFICER, EVEN WHEN  NO  ARREST  NUMBER  HAS
 BEEN  ISSUED.  THE  FAILURE  OR  INABILITY  OF  ANY GOVERNMENT AGENCY TO
 FULFILL THE REQUIREMENTS OF THIS SECTION  SHALL  REQUIRE  THE  IMMEDIATE
 RELEASE  FROM  CUSTODY  OF  ANY  PERSON SO HELD, UPON APPLICATION BY THE
 DETAINEE OR THEIR COUNSEL.
   § 2. The criminal procedure law is amended by adding a new  article  3
 to read as follows:
                                 ARTICLE 3
                         DETAINED PERSONS REGISTRY
 SECTION 3.10 DETAINED PERSONS REGISTRY.
 § 3.10 DETAINED PERSONS REGISTRY.
   CITIES  WITH  A  POPULATION OF ONE MILLION OR MORE SHALL ESTABLISH AND
 MAINTAIN A SEARCHABLE ONLINE REGISTRY, CONSISTING OF  THE  NAMES,  AGES,
 AND  LOCATIONS  OF  PERSONS  DETAINED BY A POLICE DEPARTMENT, WHICH WILL
 PERMIT AUTHORIZED USERS TO  LOCATE  PERSONS  DETAINED  FOR  ANY  REASON,
 INCLUDING  BUT  NOT LIMITED TO THE INVESTIGATION OF POSSIBLE WARRANTS OR
 DETAINERS, PROCESSING FOR THE POSSIBLE ISSUANCE OF A SUMMONS OR  APPEAR-
 ANCE  TICKET,  IN  ANTICIPATION  OF  BEING PRESENTED IN A LOCAL CRIMINAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16815-04-0

 S. 8707--A                          2
 
 COURT FOR ARRAIGNMENT  WITHIN  TWENTY-FOUR  HOURS  PURSUANT  TO  SECTION
 140.20 OF THIS CHAPTER OR WHERE NO ARREST NUMBER OR OTHER IDENTIFIER HAS
 BEEN ISSUED BY AN AGENCY RESPONSIBLE FOR ISSUING ONE.  UPON THE ISSUANCE
 OF ANY TYPE OF APPEARANCE TICKET, SUMMONS OR UPON THE ARRAIGNMENT OF ANY
 PERSON  ENTERED  INTO  THIS  REGISTRY,  ANY AND ALL DATA RELATED THERETO
 SHALL BE REMOVED FROM THE REGISTRY, DESTROYED AND  RENDERED  UNAVAILABLE
 TO  ANY  ENTITY  FOR  ANY  PURPOSE.    FOR THE PURPOSES OF THIS SECTION,
 AUTHORIZED USERS SHALL BE LIMITED TO DEFENDER  ORGANIZATIONS  CONTRACTED
 WITH CITIES TO REPRESENT CRIMINAL DEFENDANTS.
   §  3.  Section  7009 of the civil practice law and rules is amended by
 adding a new subdivision (f) to read as follows:
   (F) PERSONS DETAINED FOR LONGER THAN TWENTY-FOUR HOURS.  FOR  PURPOSES
 OF  THIS  ARTICLE, WHEN A WRIT OF HABEAS CORPUS IS HEARD CHALLENGING THE
 PRE-ARRAIGNMENT DETENTION OF A PERSON DETAINED FOR MORE THAN TWENTY-FOUR
 HOURS, THERE SHALL BE AN EVIDENTIARY PRESUMPTION THAT SUCH DETENTION  IS
 UNNECESSARY,  AND  UNLAWFUL AS DEFINED IN SECTION 140.20 OF THE CRIMINAL
 PROCEDURE LAW, UNTIL AND UNLESS SUCH PRESUMPTION IS  REBUTTED  BY  CLEAR
 AND  CONVINCING  EVIDENCE  THAT  SUCH A DELAY WAS ACTUALLY NECESSARY FOR
 EACH INDIVIDUAL PETITIONER IDENTIFIED IN THE WRIT.
   § 4. This act shall take effect immediately.