Assembly Bill A5264C

2021-2022 Legislative Session

Relates to detaining persons for longer than twenty-four hours

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Sponsored By

Archive: Last Bill Status Via S1184 - 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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Votes

Bill Amendments

co-Sponsors

2021-A5264 - Details

See Senate Version of this Bill:
S1184
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.20, add Art 3 §3.10, CP L; amd §7009, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A10884, S8707
2023-2024: S449

2021-A5264 - Summary

Relates to detaining persons for longer than twenty-four hours.

2021-A5264 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5264
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced  by M. of A. RICHARDSON, DE LA ROSA -- read once and referred
   to the Committee on Codes
 
 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
 COURT FOR ARRAIGNMENT  WITHIN  TWENTY-FOUR  HOURS  PURSUANT  TO  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A5264A - Details

See Senate Version of this Bill:
S1184
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.20, add Art 3 §3.10, CP L; amd §7009, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A10884, S8707
2023-2024: S449

2021-A5264A - Summary

Relates to detaining persons for longer than twenty-four hours.

2021-A5264A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5264--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced  by M. of A. RICHARDSON, DE LA ROSA -- read once and referred
   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, AS DETERMINED BY THE COURT
 AFTER APPLICATION MADE BY THE DETAINEE OR THEIR COUNSEL,  SHALL  REQUIRE
 THE IMMEDIATE RELEASE FROM CUSTODY OF ANY PERSON SO HELD.
   §  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.
   1. 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 TAKEN INTO CUSTODY BY A POLICE DEPARTMENT FOR
 ANY REASON, WHICH WILL PERMIT AUTHORIZED USERS TO LOCATE SUCH PERSONS.
   2. SUCH INFORMATION SHALL BE ENTERED INTO THE REGISTRY AT THE MOMENT A
 PERSON IS TAKEN INTO CUSTODY, AND UPON  THE  ISSUANCE  OF  ANY  TYPE  OF
 APPEARANCE TICKET, SUMMONS OR UPON THE ARRAIGNMENT OF ANY PERSON ENTERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A5264B - Details

See Senate Version of this Bill:
S1184
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.20, add Art 3 §3.10, CP L; amd §7009, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A10884, S8707
2023-2024: S449

2021-A5264B - Summary

Relates to detaining persons for longer than twenty-four hours.

2021-A5264B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5264--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced  by M. of A. RICHARDSON, DE LA ROSA, JACKSON, FORREST, SIMON,
   GONZALEZ-ROJAS -- read once and referred to the Committee on Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, 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
 PROMPTLY,  AND  IN  ANY  EVENT  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 OFFI-
 CER, EVEN WHEN NO ARREST NUMBER HAS BEEN ISSUED. THE FAILURE OR INABILI-
 TY OF ANY GOVERNMENT AGENCY TO FULFILL THE REQUIREMENTS OF THIS SECTION,
 SHALL REQUIRE THE IMMEDIATE RELEASE FROM CUSTODY OF ANY PERSON SO HELD.
   §  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.
   1. 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 TAKEN INTO CUSTODY BY A POLICE DEPARTMENT FOR
 ANY REASON, WHICH WILL PERMIT AUTHORIZED USERS TO LOCATE SUCH PERSONS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03244-03-1
              

co-Sponsors

2021-A5264C (ACTIVE) - Details

See Senate Version of this Bill:
S1184
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.20, add Art 3 §3.10, CP L; amd §7009, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A10884, S8707
2023-2024: S449

2021-A5264C (ACTIVE) - Summary

Relates to detaining persons for longer than twenty-four hours.

2021-A5264C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5264--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced  by M. of A. RICHARDSON, DE LA ROSA, JACKSON, FORREST, SIMON,
   GONZALEZ-ROJAS, PERRY, BARRON -- read once and referred to the Commit-
   tee on Codes -- committee discharged, bill amended, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted  to said committee -- reported and referred to the Commit-
   tee on Rules -- Rules  Committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to the Committee on Rules
 
 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, "WITHOUT UNNECESSARY DELAY" SHALL
 MEAN PROMPTLY, AND IN ANY EVENT 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 OFFI-
 CER, EVEN WHEN NO ARREST NUMBER HAS BEEN ISSUED. THE FAILURE OR INABILI-
 TY OF ANY GOVERNMENT AGENCY TO FULFILL THE REQUIREMENTS OF THIS SECTION,
 SHALL REQUIRE THE IMMEDIATE RELEASE FROM CUSTODY OF ANY PERSON SO HELD.
   § 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.
   1. CITIES WITH A POPULATION OF ONE MILLION OR MORE SHALL ESTABLISH AND
 MAINTAIN  A  SEARCHABLE  ONLINE REGISTRY, CONSISTING OF THE NAMES, AGES,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03244-04-1
              

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