senate Bill S11

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to codes

Co-Sponsors

S11 (ACTIVE) - Details

See Assembly Version of this Bill:
A2683
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd CP L, generally; add §837-w, Exec L; amd §212, Judy L

S11 (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; and authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

S11 (ACTIVE) - Sponsor Memo

S11 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    11
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. SANDERS, BENJAMIN -- read twice and ordered printed,
   and when printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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