NY State Senate Bill 2019-S8517

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2020	referred to rules

2019-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

2019-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.

2019-S8517 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8517       REVISED 09/29/2020

SPONSOR: SANDERS
 
TITLE OF BILL:

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 educational
programs for judicial personnel on the law of searches, arrests and
seizures

 
TITLE OF BILL:

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 educational

programs for judicial personnel on the law of searches, arrests and
seizures

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill amends the Criminal Procedure Law ("CPL"), the Executive Law
and Judiciary Law to better protect the public from possible individual
or systemic abuse of so-called "no-knock" search warrants, while
preserving the use of such warrants as a valuable tool of law enforce-
ment.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 690.30 of the CPL so that, in the absence of facts in
an application for a warrant and findings by a court supporting the
execution of a no-knock warrant at some other time, no-knock warrants
are to be executed between the hours of 9:00 A.M. and 6:00 P.M.

Section 2 amends § 690.35 of the CPL to require that the application for
a no-knock warrant be made between 6:00 A.M. and 9:00 P.M., unless
circumstances reasonably require that the application be made at some
other time, in which event the application must set forth those circum-
stances.

Section 3 amends § 690.35 of the CPL to require the applicant for a
no-knock search warrant to reasonably ascertain whether persons other
than the subject of the warrant will be present when the warrant is to
be executed and to consider reasonable alternatives to executing the
warrant in the presence of such individuals.

Section 4 amends 5690, 40 of the CPL to require a court entertaining an
application for a no-knock warrant to place its findings on the record,
either in writing or orally, or in writing upon the application for the
warrant.

Section 5 amends § 690.45 of the CPL to provide that a warrant for a
no-knock search reflect the timing requirements in § 1 of the bill.
Section 6 amends 5690.50 of the CPL to require that in addition to
filing a return on a search warrant, that the applicant for the warrant
complete a form prepared by the Division of Criminal Justice Services

("DCJS") that includes information on the execution and scope of the
warrant.

Section 7 amends § 690.60 of the CPL to require monetary compensation by
the state or municipality employing the officials that execute a
no-knock search warrant for property damaged or destroyed during the
execution of such a warrant unless the owner of the property has been
convicted of a crime involving or relating to the property seized.

Section 8 amends the Executive Law by adding a new § 837-r to require
DCJS: 1) to develop a form to be used by law enforcement to facilitate
the reporting requirement established in § 6 of the bill; and 2) to
collect, process and analyze the information collected from such forms
every year (which each court that issues a warrant must file on a yearly
basis), the results of which are to be provided to the Attorney General,
the Office of Court Administration, law enforcement agencies and civil-
ian complaint review boards.

Section 9 amends § 212 of the Judiciary Law by mandating regular train-
ing of judicial personnel in the substantive law of search and seizures.

Section 10 provides for an effective date of November 1, 2003.

 
JUSTIFICATION:

The tragic circumstances surrounding the death of Ms. Alberta Spruill in
New York City on May 16, 2003, during the execution of a "no-knock"
search warrant (an extraordinary form of search warrant that police
officers may execute without announcing their identity or intentions,
pursuant to the Criminal Procedure Law), have served to highlight the
dangers associated with this potent tool. Ms. Spruill, a 57-year-old
woman charged with no crime, was found on the floor of her bedroom,
dressed for work, after a stun grenade was detonated in her apartment.
The New York City Chief Medical Examiner ruled her "sudden death follow-
ing police raid" a homicide. (New York City Police Department Report,
dated May 30, 2003 ("NYPD Report"), page 3) Subsequently, the New York
City Police Department conducted an investigation and issued a report
that "found deficiencies in the procedures and practices of the overall
warrant process" (NYPD Report, p. 1) and made several recommendations,
among those was a recommendation that there be established a central
repository of search warrants so that all search warrants could be
tracked from the time they were issued until the time they were
executed. This particular suggestion had been considered at least as far
back as January, 2003. (NYPD Press Release No. 2003-048). In general,
the report recommended "clear accountability" (NYPD Report, p. 21) for
the search warrant process. Everyone acknowledges that no-knock search
warrants are an exceptional tool that, by statute and constitutional
mandate, may only be issued under exceptional circumstances. This bill
recognizes their value in keeping our streets safe and protecting our
police officers on the front line in the battle against crime, thus it
does not change the standard of proof for their issuance. But, as the
NYPD Report noted, such warrants "need to be sharpened in their applica-
tion, not abandoned" (NYPD Report, p. 1). The legislation will greatly
"sharpen" their application by requiring with respect to no-knock
warrants that: 1) an applicant articulate clearly the reasons for seek-
ing such a warrant; and 2)  a court articulate clearly its reasons for
issuing a no-knock warrant. Moreover, the bill establishes a data
collection process that looks, in part, to apply the NYPD model on a
statewide basis. A state search warrant database will serve not only to
better inform the public and thereby restore confidence in law enforce-
ment, but will enable all to see whether there have been systemic or
individual abuses of search warrants. While not barring the issuance of,
or application for no-knock warrants at any time of day or night, the
bill establishes slightly different time parameters for their execution
than exist in current law. These new time frames take into account the
more profound invasion of privacy that is associated with the use of
no-knock warrants, so that applications for their use can be evaluated
more clearly. The bill recognizes that innocent parties should not be
deprived of their property through the errors of others, so it requires
municipalities or the state, as may be appropriate, to recompense those
who are not convicted of crimes but who have their property damaged
during the execution of a no-knock warrant. It also requires the police
to assess the impact of no-knock warrants on these same people. Finally,
the judiciary, the cornerstone of the search warrant process, must
ensure that judges remain highly trained in the law of search and
seizures. The bill mandates regular training of all judges in this ever
changing area.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: A7040; S2658

2015-2016: A4012; 54354

2013-2014: A2935

2011-2012: A.2196; S3606

2009-2010: A.1508-A; 52594-A

2008: S7361

2007: A.776-A Passed Assembly

2005-06: A.6696 Passed Assembly

2003-04: A.8848A Passed Assembly

 
FISCAL IMPLICATIONS:

There are undetermined costs associated with the creation of a data
collection form and the collation of data collected from those forms as
called for in section 8 of the bill.

 
EFFECTIVE DATE:
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 regulation neces-
sary 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.

2019-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.

                                                            LBD16588-01-0

 S. 8517                             2
 
 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
 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

 S. 8517                             3
 
 THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES PURSUANT TO SECTION EIGHT
 HUNDRED THIRTY-SEVEN-V 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.
   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-

 S. 8517                             4
 
 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-v to
 read as follows:
   § 837-V. 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.

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