senate Bill S8517

2019-2020 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 Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2020 referred to rules

S8517 (ACTIVE) - Details

See Assembly Version of this Bill:
A10605
Current Committee:
Senate Rules
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-v, Exec L; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2594, A1508
2011-2012: S3606, A2196
2013-2014: S1278, A2935
2015-2016: S4354, A4012
2017-2018: S2658, A7040

S8517 (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.

S8517 (ACTIVE) - Sponsor Memo

S8517 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8517
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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