Assembly Bill A5264C

                            
 
                     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.
              

                                                            LBD03244-01-1

 A. 5264                             2
 
 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.

                            
 
                     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.
              

                                                            LBD03244-02-1

 A. 5264--A                          2
 
 INTO  THIS REGISTRY, OR UPON THE RELEASE OF ANY PERSON ENTERED INTO THIS
 REGISTRY FROM DETENTION, ANY AND ALL DATA RELATED THERETO SHALL BE IMME-
 DIATELY REMOVED FROM THE REGISTRY, DESTROYED AND RENDERED UNAVAILABLE TO
 ANY ENTITY FOR ANY PURPOSE.
   3.  FOR THE PURPOSES OF THIS SECTION, AUTHORIZED USERS SHALL BE LIMIT-
 ED  TO DEFENDER ORGANIZATIONS CONTRACTED WITH CITIES TO REPRESENT CRIMI-
 NAL DEFENDANTS.  THE AGENCY ADMINISTERING THE REGISTRY SHALL BE  CHARGED
 WITH ENSURING THAT AUTHORIZED USERS ARE EMPLOYED BY SUCH DEFENDER ORGAN-
 IZATIONS AND SHALL REQUIRE LOGIN CREDENTIALS AVAILABLE ONLY TO EMPLOYEES
 OF  SUCH  ORGANIZATIONS. THE ADMINISTERING AGENCY SHALL CONDUCT AN AUDIT
 AT LEAST ANNUALLY TO PURGE ANY USERS WHO ARE NO LONGER EMPLOYED BY  SUCH
 ORGANIZATIONS.
   4.  THE  SEARCHABLE ONLINE REGISTRY DESCRIBED IN THIS SECTION SHALL BE
 ADMINISTERED AND OPERATED SOLELY BY THE CITY OF NEW YORK POLICE  DEPART-
 MENT. NO NON-LOCAL LAW ENFORCEMENT AGENCY, OFFICER, OR EMPLOYEE, NOR ANY
 NON-LOCAL  GOVERNMENT EMPLOYEE, NOR ANY PRIVATE INDIVIDUAL OR OFFICER OF
 THE COURT WHO IS NOT AN AUTHORIZED USER, SHALL BE GIVEN ACCESS  TO  THIS
 REGISTRY  OR  PARTICIPATE  IN  THE  ADMINISTRATION  OR OPERATION OF THIS
 REGISTRY.
   5. NO AUTHORIZED USER OR OTHER PERSON WHO OBTAINS ACCESS TO THE REGIS-
 TRY DESCRIBED IN THIS SECTION SHALL DISCLOSE ANY INFORMATION OBTAINED OR
 LEARNED OF FROM SUCH REGISTRY TO ANY NON-LOCAL LAW  ENFORCEMENT  AGENCY,
 OFFICER, OR EMPLOYEE, OR TO ANY NON-LOCAL GOVERNMENT EMPLOYEE, OR TO ANY
 PRIVATE INDIVIDUAL OR OFFICER OF THE COURT WHO IS NOT AN AUTHORIZED USER
 EXCEPT  BY  THE  DEFENDER  ORGANIZATION TO INDIVIDUALS IN FURTHERANCE OF
 CLIENT OR POTENTIAL CLIENT REPRESENTATION.
   § 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.

                            
 
                     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
              

 A. 5264--B                          2
 
   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
 INTO  THIS REGISTRY, OR UPON THE RELEASE OF ANY PERSON ENTERED INTO THIS
 REGISTRY FROM DETENTION, ANY AND ALL DATA RELATED THERETO SHALL BE IMME-
 DIATELY REMOVED FROM THE REGISTRY, DESTROYED AND RENDERED UNAVAILABLE TO
 ANY ENTITY FOR ANY PURPOSE.
   3.  FOR THE PURPOSES OF THIS SECTION, AUTHORIZED USERS SHALL BE LIMIT-
 ED  TO DEFENDER ORGANIZATIONS CONTRACTED WITH CITIES TO REPRESENT CRIMI-
 NAL DEFENDANTS.  THE AGENCY ADMINISTERING THE REGISTRY SHALL BE  CHARGED
 WITH ENSURING THAT AUTHORIZED USERS ARE EMPLOYED BY SUCH DEFENDER ORGAN-
 IZATIONS AND SHALL REQUIRE LOGIN CREDENTIALS AVAILABLE ONLY TO EMPLOYEES
 OF  SUCH  ORGANIZATIONS. THE ADMINISTERING AGENCY SHALL CONDUCT AN AUDIT
 AT LEAST ANNUALLY TO PURGE ANY USERS WHO ARE NO LONGER EMPLOYED BY  SUCH
 ORGANIZATIONS.
   4.  THE  SEARCHABLE ONLINE REGISTRY DESCRIBED IN THIS SECTION SHALL BE
 ADMINISTERED AND OPERATED SOLELY BY THE CITY OF NEW YORK POLICE  DEPART-
 MENT. NO NON-LOCAL LAW ENFORCEMENT AGENCY, OFFICER, OR EMPLOYEE, NOR ANY
 NON-LOCAL  GOVERNMENT EMPLOYEE, NOR ANY PRIVATE INDIVIDUAL OR OFFICER OF
 THE COURT WHO IS NOT AN AUTHORIZED USER, SHALL BE GIVEN ACCESS  TO  THIS
 REGISTRY  OR  PARTICIPATE  IN  THE  ADMINISTRATION  OR OPERATION OF THIS
 REGISTRY.
   5. NO AUTHORIZED USER OR OTHER PERSON WHO OBTAINS ACCESS TO THE REGIS-
 TRY DESCRIBED IN THIS SECTION SHALL DISCLOSE ANY INFORMATION OBTAINED OR
 LEARNED OF FROM SUCH REGISTRY TO ANY NON-LOCAL LAW  ENFORCEMENT  AGENCY,
 OFFICER, OR EMPLOYEE, OR TO ANY NON-LOCAL GOVERNMENT EMPLOYEE, OR TO ANY
 PRIVATE INDIVIDUAL OR OFFICER OF THE COURT WHO IS NOT AN AUTHORIZED USER
 EXCEPT  BY  THE  DEFENDER  ORGANIZATION TO INDIVIDUALS IN FURTHERANCE OF
 CLIENT OR POTENTIAL CLIENT REPRESENTATION.
   § 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,
 WITHOUT ARRAIGNMENT, WAS AVOIDABLE 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  OF  COMPELLING  FACTS  AND
 CIRCUMSTANCE  DEMONSTRATING  THAT  SUCH  DELAY  WAS UNAVOIDABLE FOR EACH
 INDIVIDUAL PETITIONER IDENTIFIED IN THE WRIT.
   § 4. This act shall take effect immediately.