assembly Bill A6963A

2021-2022 Legislative Session

Provides judges more discretion regarding securing orders and limiting the lengths of certain orders and increases the lengths of certain prison sentences; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
May 04, 2021 print number 6963a
May 04, 2021 amend and recommit to codes
Apr 14, 2021 referred to codes

A6963 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd CP L, generally; rpld §70.15 sub 1-a, amd §70.15, Pen L; rpld §216 sub 5, Judy L; rpld §§837-t & 837-u, §840 sub 4 ¶(d), Exec L

A6963 - Summary

Provides judges more discretion regarding securing orders and limiting the lengths of certain orders; increases the lengths of certain prison sentences; repeals certain provisions relating to use of force by law enforcement; repeals certain provisions relating to access to premises for discovery by the defendant and motions to vacate judgments.

A6963 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6963
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
   relation to providing judges more discretion regarding securing orders
   and limiting the lengths of certain orders and increasing the  lengths
   of certain prison sentences; to repeal certain provisions of the crim-
   inal procedure law, the judiciary law, the executive law and the penal
   law  relating  thereto;  to repeal certain provisions of the executive
   law relating to the use of force by law  enforcement;  and  to  repeal
   certain provisions of the criminal procedure law relating to discovery
   and motions to vacate judgments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 150.10 of the  criminal  procedure
 law is REPEALED.
   § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as
 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, is
 amended to read as follows:
   1.  [(a)]  Whenever a police officer is authorized pursuant to section
 140.10 of this title to arrest a person without a warrant for an offense
 other than a class A, B, C or D felony or a violation of section 130.25,
 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal  law,  he  [shall,
 except  as  set  out  in  paragraph (b) of this subdivision] OR SHE MAY,
 subject to the provisions of subdivisions  three  and  four  of  section
 150.40  of  this  [title]  ARTICLE, instead issue to and serve upon such
 person an appearance ticket.
   [(b) An officer is not required to issue an appearance ticket if:
   (i) the person has one or more outstanding  local  criminal  court  or
 superior court warrants;
   (ii)  the person has failed to appear in court proceedings in the last
 two years;

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

Co-Sponsors

view additional co-sponsors

A6963A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd CP L, generally; rpld §70.15 sub 1-a, amd §70.15, Pen L; rpld §216 sub 5, Judy L; rpld §§837-t & 837-u, §840 sub 4 ¶(d), Exec L

A6963A (ACTIVE) - Summary

Provides judges more discretion regarding securing orders and limiting the lengths of certain orders; increases the lengths of certain prison sentences; repeals certain provisions relating to use of force by law enforcement; repeals certain provisions relating to access to premises for discovery by the defendant and motions to vacate judgments.

A6963A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6963--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced by M. of A. BRABENEC -- 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  and  the  penal  law,  in
   relation to providing judges more discretion regarding securing orders
   and  limiting the lengths of certain orders and increasing the lengths
   of certain prison sentences; to repeal certain provisions of the crim-
   inal procedure law, the judiciary law, the executive law and the penal
   law relating thereto; to repeal certain provisions  of  the  executive
   law  relating  to  the  use of force by law enforcement; and to repeal
   certain provisions of the criminal procedure law relating to discovery
   and motions to vacate judgments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 150.10 of the criminal procedure
 law is REPEALED.
   § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as
 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, is
 amended to read as follows:
   1. [(a)] Whenever a police officer is authorized pursuant  to  section
 140.10 of this title to arrest a person without a warrant for an offense
 other than a class A, B, C or D felony or a violation of section 130.25,
 130.40,  205.10,  205.17,  205.19 or 215.56 of the penal law, he [shall,
 except as set out in paragraph (b) of  this  subdivision]  OR  SHE  MAY,
 subject  to  the  provisions  of  subdivisions three and four of section
 150.40 of this [title] ARTICLE, instead issue to  and  serve  upon  such
 person an appearance ticket.
   [(b) An officer is not required to issue an appearance ticket if:
   (i)  the  person  has  one or more outstanding local criminal court or
 superior court warrants;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10564-04-1