Assembly Bill A2683A

2021-2022 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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Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2021-A2683 - Details

See Senate Version of this Bill:
S11
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§690.10, 690.30, 690.35, 690.40, 690.45, 690.50 & 690.55, add §§690.60 & 690.65, CP L; add §837-w, Exec L; amd §212, Judy L
Versions Introduced in 2023-2024 Legislative Session:
A4369, S4820

2021-A2683 - 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; authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

2021-A2683 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2683
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Codes
 
 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.  The opening paragraph of section 690.10  of  the  criminal
 procedure law is amended to read as follows:
   Personal  property  is subject to seizure pursuant to a search warrant
 if SUCH SEIZURE IS MADE IN CONNECTION WITH A LAWFUL ARREST AND there  is
 reasonable cause to believe that it:
   §  2. 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, IN THE CASE OF AN
 APPLICATION FOR A SEARCH WARRANT AS DEFINED IN PARAGRAPH (B) OF SUBDIVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A2683A (ACTIVE) - Details

See Senate Version of this Bill:
S11
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§690.10, 690.30, 690.35, 690.40, 690.45, 690.50 & 690.55, add §§690.60 & 690.65, CP L; add §837-w, Exec L; amd §212, Judy L
Versions Introduced in 2023-2024 Legislative Session:
A4369, S4820

2021-A2683A (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; authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

2021-A2683A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2683--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL, NOLAN, BARRON, ABINANTI, EPSTEIN,
   ANDERSON, SEAWRIGHT, ZINERMAN, TAYLOR, COOK,  SIMON,  DICKENS,  STECK,
   JACKSON, FORREST, QUART, FAHY -- read once and referred to the Commit-
   tee  on Codes -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee

 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.  The opening paragraph of section 690.10  of  the  criminal
 procedure law is amended to read as follows:
   Personal  property  is subject to seizure pursuant to a search warrant
 if SUCH SEIZURE IS MADE IN CONNECTION WITH A LAWFUL ARREST AND there  is
 reasonable cause to believe that it:
   §  2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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