Assembly Bill A9734

2021-2022 Legislative Session

Relates to detaining persons for longer than twenty-four hours

download bill text pdf

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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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2021-A9734 (ACTIVE) - Details

See Senate Version of this Bill:
S1184
Current Committee:
Assembly Codes
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: S8707
2023-2024: A505, S449

2021-A9734 (ACTIVE) - Summary

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

2021-A9734 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9734
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- 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,  "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,
 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03244-05-2
              

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