NY State Senate Bill 2021-S11A

Senate Bill S11A

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

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Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jun 04, 2021	print number 11a
Jun 04, 2021	amend and recommit to codes
Jan 06, 2021	referred to codes

Bill Amendments

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A (Active)

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2021-S11 - Details

See Assembly Version of this Bill:: A2683
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§690.10, 690.30, 690.35, 690.40, 690.45, 690.50 & 690.55, add §§690.60 & 690.65, CP L; add §837-w, Exec L; amd §212, Judy L
Versions Introduced in 2023-2024 Legislative Session:: S4820, A4369

2021-S11 - 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; authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

2021-S11 - Sponsor Memo

                                
 
BILL NUMBER: S11

SPONSOR: SANDERS
 
TITLE OF BILL:

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 educational
programs for judicial personnel on the law of searches, arrests and
seizures

 
PURPOSE:

This legislation would ban no knock warrants except in certain circum-
stances, including the investigation and/or pursuing of suspected
offenses or offenders that involve murder, an active-shooter, hostage-
taking, kidnapping, terrorism, human trafficking or where a situation
involves an individual who has barricaded himself in a specific area and
has a violent history. The bill also provides reforms for all warrants

and warrant oversight.

 
SUMMARY OF PROVISIONS:

-limits the use/issuance of no-knock search warrants to specific,
extreme cases of imminent threat to human life, including the investi-
gation and/or pursuing of suspected offenses or offenders that involve
murder, an active-shooter, hostage-taking, kidnapping, terrorism, human
trafficking or where a situation involves an individual who has barri-
caded himself in a specific area and has a violent history;

- requires additional information for no knock warrant applications;

- requires officers who are executing a no knock warrant to be in
uniform;

- law enforcement officers executing a search warrant shall allow a
minimum of 30 seconds for the occupants to respond and open the door
before they attempt to enter the residence, absent the existence of
verifiable, exigent circumstances; no officer involved in the execution
of a search warrant shall at any point during such execution use any
flash bang, stun, distraction or other similar device unless verifiable,
exigent circumstances exist; restricts night-time raids;

- requires property be returned if there is no criminal conviction;
requires the commissioner to devise a method for recording and monitor-
ing warrant executions;

- includes individual consequences for officers who violate warrant
restrictions; and outlines contents of a comprehensive warrant execution
report and requirements for storing/monitoring and reviewing warrant
information.

 
JUSTIFICATION:

Shortly after midnight on March 13, 2020, Breonna Taylor, a 26-year-old
woman, was fatally shot by police in Louisville, Kentucky. .The officers
entered her apartment, executing a no-knock search warrant,speking ille-
gal drugs (The New York Times reported on 9.24.20 that while the Louis-
ville Police Department initially received court approval for a
"no-knock" entry, the orders were changed before the raid to "knock and
announce").

The officers claimed they knocked and announced themselves before forc-
ing entry, but there is disputed evidence if or how effectively they did
so. She worked for University of Louisville Health as a full-time emer-
gency room technician. The Taylor Family received $12 million from the
City of Louisville in a wrongful death lawsuit settlement in September
2020, which required Louisville to implement policing changes. These
changes required more oversight by top commanders, and making mandatory
safeguards that were just "common practice" up to the time of the raid.

There are an estimated 20,000 no-knock warrants issued each year in the
United States overwhelmingly against black and brown people according to
the Advancement Project National Office, a non-profit. A 2014 American
Civil Liberties Union study found that drug searches account for most of
those no-knock raids. During SWAT team deployments, the total no-knock
warrants served in the United States has grown from approximately 1,500
annually in the early 1980s to about 45,000 in 2010, according to East-
ern Kentucky University Professor Peter Kraska.

On June 25, 2020, the U.S. House of Representatives passed the "George
Floyd Justice in Policing Act of 2020" (H.R.7120), a bill that included
a federal ban on no-knock warrants in drug cases. The Louisville Council
banned no knock warrants in June 2020. In October 2020, Virginia enacted
a new law that bans no-knock search warrants.  Virginia joined Florida
and Oregon, along with at least 13 local governments or police depart-
ments, that have banned no knock warrants or restricted their use in
reaction to the Breonna Taylor killing.  This legislation would ban no
knock warrants except in certain circumstances, including the investi-
gation and/or pursuing of suspected offenses or offenders that involve
murder, an active-shooter, hostage-taking, kidnapping, terrorism, human
trafficking or where a situation involves an individual who has barri-
caded himself in a specific area and has a violent history. The bill
also provides reforms for all warrants and warrant oversight.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S11 - 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

                       [ ] is old law to be omitted.
                                                            LBD02810-01-1

 S. 11                               2
 
 APPLICATION FOR A SEARCH WARRANT AS DEFINED IN PARAGRAPH (B) OF SUBDIVI-
 SION  TWO OF SECTION 690.05 OF THIS ARTICLE, THE PERSON SOUGHT IS LIKELY
 TO FLEE OR COMMIT ANOTHER CRIME, OR  MAY  ENDANGER  THE  SAFETY  OF  THE
 EXECUTING  POLICE  OFFICERS OR ANOTHER PERSON IF NOT SEIZED FORTHWITH OR
 BETWEEN THE HOURS OF 6:00 P.M. AND 9:00 A.M., IN WHICH EVENT THE REQUEST
 MUST CONTAIN FACTS TO SUPPORT SUCH APPLICATION, AND THE COURT MUST  MAKE
 A  FINDING  IN  WRITING  OR  ORALLY ON THE RECORD OR IN WRITING UPON THE
 APPLICATION ITSELF SETTING FORTH THE FACTUAL BASIS FOR THE  ISSUANCE  OF
 THE WARRANT PURSUANT TO THIS SUBDIVISION.
   §  3.  Subdivision  1  and  paragraph  (b) of subdivision 4 of section
 690.35 of the criminal procedure law, subdivision 1 as amended by  chap-
 ter  679  of  the  laws  of  1982, and paragraph (b) of subdivision 4 as
 amended by chapter 424 of the laws of  1998,  are  amended  to  read  as
 follows:
   1.  An  application for a search warrant may be in writing or oral. If
 in writing, it must be made, subscribed and sworn to by a public servant
 specified in subdivision one of section 690.05  OF  THIS  ARTICLE.    If
 oral, it must be made by such a public servant and sworn to and recorded
 in  the  manner provided in section 690.36 OF THIS ARTICLE.  AN APPLICA-
 TION FOR A SEARCH WARRANT BASED EITHER IN WHOLE OR IN PART ON  PARAGRAPH
 (B) OF SUBDIVISION FOUR OF THIS SECTION, MUST BE MADE TO A COURT BETWEEN
 THE  HOURS  OF  6:00  A.M. AND 9:00 P.M. UNLESS CIRCUMSTANCES REASONABLY
 REQUIRE THAT SUCH APPLICATION BE MADE AT ANOTHER TIME,  IN  WHICH  EVENT
 SUCH CIRCUMSTANCES SHALL BE STATED IN THE APPLICATION FOR THE WARRANT.
   (b)  A  request that the search warrant authorize the executing police
 officer to enter premises to be searched without giving  notice  of  his
 authority and purpose, upon the ground that there is reasonable cause to
 believe  that  (i)  [the  property  sought  may  be  easily  and quickly
 destroyed or disposed of, or (ii)] the giving of such notice may  endan-
 ger  the  life  or safety of the executing officer or another person, or
 [(iii)] (II) in the case of an  application  for  a  search  warrant  as
 defined  in  paragraph  (b) of subdivision two of section 690.05 for the
 purpose of searching for and arresting a person who is the subject of  a
 warrant  for  a  felony,  the  person sought is likely to commit another
 felony, or may endanger the life or safety of the executing  officer  or
 another person.  IN ORDER FOR A REQUEST THAT A SEARCH WARRANT AUTHORIZES
 THE  EXECUTING  POLICE  OFFICER TO ENTER PREMISES TO BE SEARCHED WITHOUT
 GIVING NOTICE OF HIS AUTHORITY AND  PURPOSE  BE  GRANTED,  SUCH  REQUEST
 SHALL  SHOW  THAT EXTREME CIRCUMSTANCES ARE INVOLVED, WHICH FOR PURPOSES
 OF THIS ARTICLE ARE  THE  INVESTIGATION  AND/OR  PURSUING  OF  SUSPECTED
 OFFENSES  OR  OFFENDERS THAT INVOLVE MURDER, AN ACTIVE-SHOOTER, HOSTAGE-
 TAKING, KIDNAPPING, TERRORISM, HUMAN TRAFFICKING OR  WHERE  A  SITUATION
 INVOLVES AN INDIVIDUAL WHO HAS BARRICADED HIMSELF IN A SPECIFIC AREA AND
 HAS A VIOLENT HISTORY.
   §  4.    Section  690.35  of  the criminal procedure law is amended by
 adding a new subdivision 5 to read as follows:
   5. WHEN MAKING AN APPLICATION BASED EITHER IN  WHOLE  OR  IN  PART  ON
 PARAGRAPH  (B)  OF  SUBDIVISION FOUR OF THIS SECTION, IN ADDITION TO THE
 OTHER REQUIREMENTS FOR AN APPLICATION FOR A SEARCH WARRANT,  THE  APPLI-
 CANT  MUST  ASCERTAIN,  TO  THE  EXTENT REASONABLY POSSIBLE, WHETHER ANY
 PARTIES OTHER THAN ANY SUBJECT OF THE SEARCH WARRANT  SHALL  BE  PRESENT
 WHEN THE WARRANT IS EXECUTED, AND IF SO, THE APPLICATION SHALL INCLUDE A
 LIST  CONTAINING  THE  ESTIMATED  AGE, GENDER, AND PHYSICAL CONDITION OF
 EACH ADDITIONAL OCCUPANT, ANY KNOWN INDIVIDUALS  WITH  COGNITIVE  AND/OR
 PHYSICAL DISABILITIES, AND ANY PETS KNOWN OR LIKELY TO BE PRESENT AT THE
 PREMISES  TO  BE SEARCHED, AND REASONABLE ALTERNATIVES TO EXECUTING SUCH

 S. 11                               3
 
 WARRANT IN THE PRESENCE OF SUCH INDIVIDUALS.  THE RESULTS OF SUCH INVES-
 TIGATION SHALL BE INCLUDED IN  THE  APPLICATION  AND  CONFORM  WITH  THE
 REQUIREMENTS OF PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
   §  5. Subdivision 1 of section 690.40 of the criminal procedure law is
 amended to read as follows:
   1. (A) In determining an application for a search  warrant  the  court
 may  examine, under oath, any person whom it believes may possess perti-
 nent information.   Any such examination  must  be  either  recorded  or
 summarized on the record by the court.
   (B)  IN  DETERMINING AN APPLICATION FOR A SEARCH WARRANT BASED, EITHER
 IN WHOLE OR IN PART, UPON THE GROUNDS  DESCRIBED  IN  PARAGRAPH  (B)  OF
 SUBDIVISION  FOUR  OF  SECTION  690.35  OF THIS ARTICLE, THE COURT SHALL
 STATE, WITH SPECIFICITY, IN WRITING OR ORALLY ON THE RECORD OR IN  WRIT-
 ING  UPON  THE APPLICATION FOR THE WARRANT ITSELF, THE FACTUAL BASIS FOR
 THE ISSUANCE OF THE WARRANT PURSUANT TO SUCH PARAGRAPH.   SUCH  DETERMI-
 NATION  SHALL  INCLUDE  EVIDENCE  STATING WHY A WARRANT THAT REQUIRES AN
 OFFICER TO KNOCK AND ANNOUNCE HIS OR HER PRESENCE SHALL NOT BE ISSUED.
   § 6. Subdivision 6 of section 690.45 of the criminal procedure law, as
 renumbered by chapter 679 of the laws of 1982,  is  amended  and  a  new
 subdivision 8-a is added to read as follows:
   6.  A direction that the warrant be executed between the hours of 6:00
 A.M.  and 9:00 P.M., or, where the court has specially so determined, an
 authorization for execution thereof at any time  of  the  day  or  night
 UNLESS  THE  WARRANT  HAS BEEN OBTAINED BASED ON AN APPLICATION BASED IN
 WHOLE OR IN PART ON PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION  690.35
 OF  THIS  ARTICLE,  IN  WHICH EVENT THE PROVISIONS OF SUBDIVISION TWO OF
 SECTION 690.30 OF THIS ARTICLE RELATING TO THE TIME FOR  EXECUTING  SUCH
 WARRANTS SHALL APPLY; and
   8-A.  AN INTENDED COURSE OF ACTION IF NO RESPONSE IS RECEIVED FROM THE
 INTENDED SUSPECT OF THE WARRANT AT THE TIME OF EXECUTION  WITHIN  THIRTY
 SECONDS; AND
   § 7. Section 690.50 of the criminal procedure law is amended by adding
 five new subdivisions 7, 8, 9, 10 and 11 to read as follows:
   7.  UPON  SEIZING  PROPERTY OR ARRESTING A PERSON PURSUANT TO A SEARCH
 WARRANT ISSUED UNDER THIS ARTICLE, IN ADDITION TO  THE  REQUIREMENTS  OF
 SUBDIVISIONS FIVE AND SIX OF THIS SECTION, THE POLICE OFFICER SHALL FILE
 A REPORT WITH THE COURT THAT ISSUED SUCH WARRANT IN A FORM PRESCRIBED BY
 THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES PURSUANT TO SECTION EIGHT
 HUNDRED THIRTY-SEVEN-W OF THE EXECUTIVE LAW,  SPECIFYING  THE  FOLLOWING
 INFORMATION:
   (A)  IF  APPLICABLE,  THE SUBPARAGRAPH OF PARAGRAPH (B) OF SUBDIVISION
 FOUR OF SECTION 690.35 OF THIS  ARTICLE  UPON  WHICH  SUCH  WARRANT  WAS
 BASED;
   (B) THE OFFICER AND AGENCY WHICH OBTAINED THE WARRANT;
   (C) THE PROSECUTOR AND PROSECUTING OFFICE WHICH DRAFTED THE WARRANT;
   (D) WHETHER THE FACTS CONTAINED IN THE SUPPORTING AFFIDAVIT WERE BASED
 UPON  A  CONFIDENTIAL INFORMANT, OR AN IDENTIFIED CITIZEN INFORMANT OR A
 POLICE OFFICER, NONE OF WHOM MUST BE NAMED;
   (E) THE DATE AND TIME THE SEARCH WARRANT WAS APPLIED FOR AND THE  DATE
 AND TIME THE SEARCH WARRANT WAS SIGNED;
   (F) THE DATE AND TIME THE SEARCH WARRANT WAS EXECUTED;
   (G) THE JUDGE WHO SIGNED AND THE COURT THAT ISSUED THE WARRANT;
   (H)  WHETHER THE APPLICATION FOR THE WARRANT ISSUED HAD BEEN SUBMITTED
 TO ANOTHER JUDGE OTHER THAN THE JUDGE WHO ISSUED THE WARRANT  FOR  WHICH
 THE REPORT IS SUBMITTED AND IF SO, WHEN SUCH APPLICATION OR APPLICATIONS
 WERE MADE AND THE RESULT OF EACH SUCH APPLICATION;

 S. 11                               4
 
   (I)  THE  AGE, SEX AND RACE OF THE INDIVIDUAL TO WHOM SUCH WARRANT WAS
 DIRECTED;
   (J)  WHETHER PHYSICAL FORCE OR DEADLY FORCE WAS USED IN EXECUTING SUCH
 WARRANT;
   (K) IF PHYSICAL OR DEADLY FORCE WAS USED:
   (I) WHETHER ANY INDIVIDUAL WAS INJURED OR KILLED AND IF SO,  THE  AGE,
 SEX AND RACE OF EACH SUCH PERSON; AND
   (II)  THE  STATUS OF EACH SUCH PERSON, SPECIFYING WHETHER EACH WAS THE
 SUBJECT OF THE SEARCH WARRANT, A POLICE OFFICER, OR A THIRD-PARTY;
   (L) THE ADDRESS WHERE THE WARRANT WAS EXECUTED  INCLUDING  THE  STREET
 ADDRESS, CITY OR TOWN, COUNTY AND ZIP CODE;
   (M) THE RESULT OF EXECUTING THE WARRANT, SPECIFYING WHETHER:
   (I) EVIDENCE WAS SEIZED; AND
   (II)  ANY INDIVIDUALS WERE ARRESTED, AND IF SO, WHETHER THE SUBJECT OF
 THE WARRANT WAS ARRESTED OR OTHER INDIVIDUALS NOT NAMED IN  THE  WARRANT
 WERE ARRESTED; AND
   (N)  WHETHER  ANY  PROPERTY WAS DAMAGED DURING THE COURSE OF EXECUTING
 THE WARRANT AND A DESCRIPTION THEREOF.
   8. SEARCH WARRANTS NOT EXECUTED WITHIN SEVEN DAYS OF ISSUANCE SHALL BE
 CONSIDERED NULL AND VOID.
   9. AN OFFICER SHALL BE REQUIRED TO PRESENT  EVIDENCE  AND/OR  SURVEIL-
 LANCE  GATHERED  WITHIN  TWENTY-FOUR  HOURS  OR LESS BEFORE A WARRANT IS
 EXECUTED WHICH VERIFIES THAT THE SUSPECT OF SUCH WARRANT IS  PRESENT  AT
 THE RESIDENCE INTENDED TO BE SEARCHED.
   10.  ANY  OFFICER OR OFFICERS WHO ARE EXECUTING A SEARCH WARRANT SHALL
 BE REQUIRED TO BE IN OFFICIAL UNIFORM AND BE  CLEARLY  RECOGNIZABLE  AND
 IDENTIFIABLE AS A POLICE OFFICER. ALL OFFICERS INVOLVED IN THE EXECUTION
 OF A SEARCH WARRANT SHALL WEAR VISIBLE BADGES CONTAINING NAMES AND IDEN-
 TIFICATION NUMBERS.
   11.  (A)  ANY  OFFICER  OR OFFICERS WHO ARE EXECUTING A SEARCH WARRANT
 SHALL ALLOW A MINIMUM OF THIRTY SECONDS FOR THE OCCUPANTS OF THE PROPER-
 TY BEING SEARCHED TO RESPOND AND OPEN THE DOOR BEFORE  SUCH  OFFICER  OR
 OFFICERS  ATTEMPT  TO  ENTER  THE  PROPERTY, EXCEPT FOR SITUATIONS WHERE
 VERIFIABLE, EXIGENT CIRCUMSTANCES EXIST. FOR PURPOSES OF  THIS  SECTION,
 "VERIFIABLE,  EXIGENT  CIRCUMSTANCES" MEANS ANY EVENT OCCURRING IN REAL-
 TIME THAT IS LIFE-THREATENING TO THE OFFICER  OR  OFFICERS  EXECUTING  A
 SEARCH  WARRANT  OR  TO  THE  OCCUPANTS  OF  THE PROPERTY WHICH IS BEING
 SEARCHED.
   (B) NO OFFICER INVOLVED IN THE EXECUTION OF A SEARCH WARRANT SHALL  AT
 ANY POINT DURING SUCH EXECUTION USE ANY FLASH BANG, STUN, DISTRACTION OR
 OTHER SIMILAR DEVICE UNLESS VERIFIABLE, EXIGENT CIRCUMSTANCES EXIST.
   (C)  NO  OFFICER  INVOLVED  IN THE EXECUTION OF A SEARCH WARRANT SHALL
 EXECUTE A WARRANT OUTSIDE OF WHEN SUCH WARRANT IS ALLOWED TO BE EXECUTED
 UNDER THIS ARTICLE UNLESS VERIFIABLE, EXIGENT CIRCUMSTANCES EXIST.
   § 8.  Section 690.55 of the criminal procedure law, paragraph  (b)  of
 subdivision  1 as amended by chapter 424 of the laws of 1998, is amended
 to read as follows:
 § 690.55  Search warrants; disposition of seized property.
   1.  Upon receiving property seized pursuant to a search  warrant,  the
 court [must] SHALL either:
   (a)  Retain it in the custody of the court pending further disposition
 thereof pursuant to subdivision two or some other provision of law; or
   (b)    Direct that it be held in the custody of the person who applied
 for the warrant, or of the police officer who executed  it,  or  of  the
 governmental  or  official  agency  or  department  by which either such

 S. 11                               5
 
 public servant is employed, upon condition that upon order of such court
 such property be returned thereto or delivered to another court.
   2.    A  local  criminal  court which retains custody of such property
 [must] SHALL, upon request of another criminal court in which a criminal
 action involving or relating to such property is pending, cause it to be
 delivered thereto.
   3. WHERE THE ARRESTEE CONNECTED TO THE SEIZURE IS NOT CONVICTED OF ANY
 CRIMES CONNECTED TO THE SEIZURE, ALL SEIZED PROPERTY  CONNECTED  TO  THE
 ARRESTEE'S ARREST SHALL BE IMMEDIATELY RETURNED TO THE ARRESTEE UPON THE
 ARRESTEE NO LONGER BEING CHARGED WITH A CRIME CONNECTED TO THE SEIZURE.
   § 9.  The criminal procedure law is amended by adding two new sections
 690.60 and 690.65 to read as follows:
 § 690.60 SEARCH WARRANTS; MONETARY RESTITUTION.
   1.  FOLLOWING  THE  EXECUTION  OF  A SEARCH WARRANT ISSUED PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 690.35 OF THIS ARTICLE, THE
 OWNER OF THE PLACE OR PREMISES AT WHICH SUCH WARRANT  WAS  EXECUTED  AND
 THE  OWNER OF ANY PROPERTY LOCATED AT SUCH PREMISES SHALL BE ENTITLED TO
 MONETARY RESTITUTION, PAID PROMPTLY BY THE STATE OR MUNICIPALITY EMPLOY-
 ING THE OFFICIALS WHO EXECUTED THE WARRANT, FOR A PREMISES, OR ANY  PART
 THEREOF, AND ANY ITEMS OF PROPERTY AT SUCH PREMISES THAT WERE DAMAGED OR
 DESTROYED AS A PART OF THE EXECUTION OF SUCH WARRANT UPON SUCH PREMISES,
 UNLESS SUCH OWNER OF SUCH PREMISES OR PROPERTY IS:
   (A)  CONVICTED  OF  A  CRIME  INVOLVING OR RELATING TO PROPERTY SEIZED
 PURSUANT TO SUCH WARRANT; OR
   (B) CONVICTED OF A CRIME INVOLVING OR RELATING TO THE  SEARCH  WARRANT
 FOR SUCH PREMISES ISSUED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
 SECTION 690.05 OF THIS ARTICLE.
   2.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED AS AFFECTING ANY OTHER
 RIGHT, DUTY OR CAUSE OF ACTION THAT MAY EXIST WITH RESPECT TO ANY  PREM-
 ISES,  OR PART THEREOF, OR ANY PROPERTY THAT MAY BE DAMAGED OR DESTROYED
 AS A RESULT OF ANY SUCH ARREST OR SEARCH.
 § 690.65 SEARCH WARRANTS; VIOLATIONS.
   WHERE A SEARCH WARRANT IS EXECUTED IN VIOLATION OF THIS ARTICLE:
   1. ANY EVIDENCE OBTAINED IN CONNECTION WITH THE SEARCH  WARRANT  SHALL
 BE INADMISSIBLE IN EVIDENCE BY THE PROSECUTION; AND
   2.  ANY OFFICER INVOLVED IN THE EXECUTION OF SUCH SEARCH WARRANT SHALL
 BE SUBJECT TO DISCIPLINARY ACTIONS INCLUDING, BUT NOT LIMITED TO, FINES,
 SUSPENSION OR TERMINATION.
   § 10. The executive law is amended by adding a new  section  837-w  to
 read as follows:
   §  837-W.  ESTABLISH A FORM AND SYSTEM TO RECORD AND MONITOR THE ISSU-
 ANCE AND EXECUTION OF  SEARCH  WARRANTS.    1.  THE  COMMISSIONER  SHALL
 PRESCRIBE THE FORM OF DOCUMENT TO BE USED BY EVERY LAW ENFORCEMENT AGEN-
 CY  OF  THE  STATE  AND  OF EACH MUNICIPALITY, CITY, TOWN AND VILLAGE TO
 ACCOMPANY A REPORT TO BE PREPARED IN ACCORDANCE WITH  SUBDIVISION  SEVEN
 OF SECTION 690.50 OF THE CRIMINAL PROCEDURE LAW.
   2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM TO RECORD AND MONITOR THE
 ISSUANCE AND EXECUTION OF SEARCH WARRANTS BY EVERY LAW ENFORCEMENT AGEN-
 CY  IN  THE  STATE  OF NEW YORK. EVERY COURT THAT ISSUES SEARCH WARRANTS
 SHALL FILE ON OR BEFORE THE THIRTY-FIRST DAY OF DECEMBER  OF  EACH  YEAR
 WITH  THE  COMMISSIONER,  A  COPY OF EACH FORM FILED WITH SUCH COURT AND
 PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION,  RETAINING  THE  ORIGINAL
 COPY  OF SUCH FORM WITH THE COURT. THE COMMISSIONER SHALL COLLECT, PROC-
 ESS AND ANALYZE SUCH INFORMATION CONTAINED IN SUCH REPORTS, AND ISSUE  A
 REPORT  BY  THE  THIRTIETH  DAY OF JUNE OF EACH YEAR WHICH SHALL BE MADE
 PUBLIC AND A COPY OF WHICH SHALL BE SENT TO THE OFFICE OF COURT ADMINIS-

 S. 11                               6
 
 TRATION, EACH LAW ENFORCEMENT AGENCY, EACH CIVIL COMPLAINT REVIEW  BOARD
 WITH  JURISDICTION  OVER  A POLICE OR LAW ENFORCEMENT AGENCY, AND TO THE
 ATTORNEY GENERAL OF THE STATE OF NEW YORK.
   §  11.  Section  212  of  the judiciary law is amended by adding a new
 subdivision 3 to read as follows:
   3. THE CHIEF ADMINISTRATOR SHALL ALSO FORMULATE, ESTABLISH  AND  MAIN-
 TAIN  EDUCATIONAL  PROGRAMS,  SEMINARS  AND  INSTITUTES FOR THE JUDICIAL
 PERSONNEL OF THE UNIFIED COURT SYSTEM, TO  BE  SCHEDULED  ON  AN  ANNUAL
 BASIS,  OR  IF THE CIRCUMSTANCES WARRANT, MORE FREQUENTLY, ON THE LAW OF
 SEARCHES, ARRESTS AND SEIZURES UNDER THE LAWS OF THE STATE OF NEW  YORK,
 WITH  EMPHASIS  ON  THE  APPROPRIATE  STANDARDS  FOR THE ISSUANCE OF ALL
 WARRANTS AUTHORIZED UNDER THE CRIMINAL PROCEDURE LAW.
   § 12. This act shall take effect on  the  one  hundred  eightieth  day
 after  it shall have become a law.  Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act  on  its effective date are authorized and
 directed to be made and completed on or before such effective date.

co-Sponsors

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2021-S11A (ACTIVE) - Details

See Assembly Version of this Bill:: A2683
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§690.10, 690.30, 690.35, 690.40, 690.45, 690.50 & 690.55, add §§690.60 & 690.65, CP L; add §837-w, Exec L; amd §212, Judy L
Versions Introduced in 2023-2024 Legislative Session:: S4820, A4369

2021-S11A (ACTIVE) - Summary

2021-S11A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S11A       REVISED 06/09/2021

SPONSOR: SANDERS
 
TITLE OF BILL:

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 educational
programs for judicial personnel on the law of searches, arrests and
seizures

 
PURPOSE:

This legislation would ban no knock warrants except in certain circum-
stances, including such request shall show that extreme circumstances
are involved, which for purposes of this article are when the giving of
such notice is likely to create an imminent danger to the life of the
executing officer or another person. The bill also provides reforms for
all warrants and warrant oversight.

 
SUMMARY OF PROVISIONS:

-limits the use/issuance of no-knock search warrants to specific,
extreme cases of imminent threat to human life

-requires additional information for no knock warrant applications;

-requires officers who are executing a no knock warrant to be in
uniform;

-law enforcement officers executing a search warrant shall allow a mini-
mum of 30 seconds for the occupants to respond and open the door before
they attempt to enter the residence, absent the existence of verifiable,
exigent circumstances; no officer involved in the execution of a search
warrant shall at any point during such execution use any flash bang,
stun, distraction or other similar device unless verifiable, exigent
circumstances exist; restricts night-time raids;

-requires property be returned if there is no criminal conviction;
requires the commissioner to devise a method for recording and monitor-
ing warrant executions;

-includes individual consequences for officers who violate warrant
restrictions; and outlines contents of a comprehensive warrant execution
report and requirements for storing/monitoring and reviewing warrant
information.

 
JUSTIFICATION:

Shortly after midnight on March 13, 2020, Breonna Taylor, a 26-year-old
woman, was fatally shot by police in Louisville, Kentucky. The officers
entered her apartment, executing a no-knock search warrant, seeking
illegal drugs. The officers claimed they knocked and announced them-
selves before forcing entry, but there is disputed evidence if or how
effectively they did so. She worked for University of Louisville Health
as a full-time emergency room technician. The Taylor Family received $12
million from the City of Louisville in a wrongful death lawsuit settle-
ment in September 2020, which required Louisville to implement policing
changes. These changes required more oversight by top commanders, and
making mandatory safeguards that were just "common practice" up to the
time of the raid.

A 2014 American Civil Liberties Union study found that drug searches
account for most of those no-knock raids. During SWAT team deployments,
the total no-knock warrants served in the United States has grown from
approximately 1,500 annually in the early 1980s to about 45,000 in 2010,
according to Eastern Kentucky University Professor Peter Kraska.

On June 25, 2020, the U.S. House of Representatives passed the "George
Floyd Justice in Policing Act of 2020" (H.R.7120), a bill that included
a federal ban on no-knock warrants in drug cases. The Louisville Council
banned no knock warrants in June 2020. In October 2020, Virginia enacted
a new law that bans no-knock search warrants.  Virginia joined Florida
and Oregon, along with at least 13 local governments or police depart-
ments, that have banned no knock warrants or restricted their use in
reaction to the Breonna Taylor killing.  This legislation would ban no
knock warrants except in certain circumstances, including where there is
an imminent danger to life.  The bill also provides reforms for all
warrants and warrant oversight.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S11A (ACTIVE) - Bill Text download pdf

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

                       [ ] is old law to be omitted.
                                                            LBD02810-07-1

 S. 11--A                            2
 
 SECTION 690.35 OF THIS ARTICLE MAY BE EXECUTED ONLY BETWEEN THE HOURS OF
 8:00 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
 APPLICATION FOR A SEARCH WARRANT AS DEFINED IN PARAGRAPH (B) OF SUBDIVI-
 SION  TWO  OF SECTION 690.05 OF THIS ARTICLE, THE PERSON SOUGHT IS IMMI-
 NENTLY LIKELY TO FLEE OR COMMIT ANOTHER VIOLENT FELONY, OR IS LIKELY  TO
 CREATE AN IMMINENT DANGER TO THE SAFETY OF THE EXECUTING POLICE OFFICERS
 OR  ANOTHER  PERSON IF NOT SEIZED FORTHWITH OR BETWEEN THE HOURS OF 6:00
 P.M. AND 8:00 A.M., IN WHICH EVENT THE REQUEST  MUST  CONTAIN  FACTS  TO
 SUPPORT  SUCH  APPLICATION, AND THE COURT MUST MAKE A FINDING IN WRITING
 OR ORALLY ON THE RECORD  OR  IN  WRITING  UPON  THE  APPLICATION  ITSELF
 SETTING FORTH THE FACTUAL BASIS FOR THE ISSUANCE OF THE WARRANT PURSUANT
 TO THIS SUBDIVISION.
   §  3.  Subdivision  1  and  paragraph  (b) of subdivision 4 of section
 690.35 of the criminal procedure law, subdivision 1 as amended by  chap-
 ter  679  of  the  laws  of  1982, and paragraph (b) of subdivision 4 as
 amended by chapter 424 of the laws of  1998,  are  amended  to  read  as
 follows:
   1.  An  application for a search warrant may be in writing or oral. If
 in writing, it must be made, subscribed and sworn to by a public servant
 specified in subdivision one of section 690.05  OF  THIS  ARTICLE.    If
 oral, it must be made by such a public servant and sworn to and recorded
 in the manner provided in section 690.36 OF THIS ARTICLE.  IN ALL CITIES
 WITH  A POPULATION OF LESS THAN ONE MILLION, AN APPLICATION FOR A SEARCH
 WARRANT BASED EITHER IN WHOLE OR IN PART ON PARAGRAPH (B) OF SUBDIVISION
 FOUR OF THIS SECTION, MUST BE MADE TO A COURT BETWEEN THE HOURS OF  6:00
 A.M.  AND  9:00  P.M.  UNLESS CIRCUMSTANCES REASONABLY REQUIRE THAT SUCH
 APPLICATION BE MADE AT ANOTHER TIME, IN WHICH EVENT  SUCH  CIRCUMSTANCES
 SHALL BE STATED IN THE APPLICATION FOR THE WARRANT.
   (b)  A  request that the search warrant authorize the executing police
 officer to enter premises to be searched without giving notice of  [his]
 THEIR  authority  and  purpose, upon the ground that there is reasonable
 cause to believe that (i) [the property sought may be easily and quickly
 destroyed or disposed of, or (ii)] the giving of such notice [may endan-
 ger] IS LIKELY TO CREATE AN IMMINENT DANGER TO the life or safety of the
 executing officer or another person, or [(iii)] (II) in the case  of  an
 application for a search warrant as defined in paragraph (b) of subdivi-
 sion  two of section 690.05 for the purpose of searching for and arrest-
 ing a person who is the subject of a warrant for a  felony,  the  person
 sought  is  IMMINENTLY  likely to commit another VIOLENT felony, or [may
 endanger] IS LIKELY TO CREATE AN IMMINENT DANGER TO the life  or  safety
 of the executing officer or another person.  IN ORDER FOR A REQUEST THAT
 A  SEARCH WARRANT AUTHORIZES THE EXECUTING POLICE OFFICER TO ENTER PREM-
 ISES TO BE SEARCHED WITHOUT GIVING NOTICE OF THEIR AUTHORITY AND PURPOSE
 BE GRANTED, SUCH REQUEST  SHALL  SHOW  THAT  EXTREME  CIRCUMSTANCES  ARE
 INVOLVED, WHICH FOR PURPOSES OF THIS ARTICLE ARE WHEN THE GIVING OF SUCH
 NOTICE IS LIKELY TO CREATE AN IMMINENT DANGER TO THE LIFE OF THE EXECUT-
 ING  OFFICER  OR  ANOTHER PERSON, ONLY WHERE THE APPLICATION PURSUANT TO
 THIS PARAGRAPH LISTS SPECIFIC FACTS THAT GIVING SUCH NOTICE IS LIKELY TO
 CREATE SUCH IMMINENT DANGER TO THE LIFE  OF  THE  EXECUTING  OFFICER  OR
 ANOTHER  PERSON.  NO  WARRANT ISSUED UNDER THIS PARAGRAPH CAN BE USED TO
 SEARCH A RESIDENCE FOR A CONTROLLED SUBSTANCE,  AS  DEFINED  BY  SECTION
 220.00  OF  THE  PENAL  LAW.    ANY  CONTROLLED SUBSTANCE, AS DEFINED BY
 SECTION 220.00 OF THE PENAL LAW, FOUND IN A RESIDENCE  DURING  A  SEARCH
 BASED  ON  A  WARRANT  ISSUED  UNDER  THIS  PARAGRAPH  CAN BE SUBJECT TO
 SEIZURE.

 S. 11--A                            3
 
   § 4.   Section 690.35 of the criminal  procedure  law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  WHEN  MAKING  AN  APPLICATION  BASED EITHER IN WHOLE OR IN PART ON
 PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION, IN  ADDITION  TO  THE
 OTHER  REQUIREMENTS  FOR AN APPLICATION FOR A SEARCH WARRANT, THE APPLI-
 CANT MUST ASCERTAIN, TO THE  EXTENT  REASONABLY  POSSIBLE,  WHETHER  ANY
 PARTIES  OTHER  THAN  ANY SUBJECT OF THE SEARCH WARRANT SHALL BE PRESENT
 WHEN THE WARRANT IS EXECUTED, AND IF SO, THE APPLICATION SHALL INCLUDE A
 LIST CONTAINING THE ESTIMATED AGE, GENDER,  AND  PHYSICAL  CONDITION  OF
 EACH  ADDITIONAL  OCCUPANT,  ANY KNOWN INDIVIDUALS WITH COGNITIVE AND/OR
 PHYSICAL DISABILITIES, AND ANY PETS KNOWN OR LIKELY TO BE PRESENT AT THE
 PREMISES TO BE SEARCHED, AND REASONABLE ALTERNATIVES TO  EXECUTING  SUCH
 WARRANT IN THE PRESENCE OF SUCH INDIVIDUALS.  THE RESULTS OF SUCH INVES-
 TIGATION  SHALL  BE  INCLUDED  IN  THE  APPLICATION AND CONFORM WITH THE
 REQUIREMENTS OF PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.  FOR
 ALL APPLICATIONS BASED EITHER IN WHOLE OR IN PART ON  PARAGRAPH  (B)  OF
 SUBDIVISION  FOUR  OF  THIS  SECTION,  THE APPLICANT SHALL BE A DISTRICT
 ATTORNEY OR THE ATTORNEY GENERAL, OR  IF  A  DISTRICT  ATTORNEY  OR  THE
 ATTORNEY  GENERAL IS ABSENT OR DISABLED, THE PERSON DESIGNATED TO ACT ON
 THEIR BEHALF AND PERFORM THEIR OFFICIAL  FUNCTION  IN  AND  DURING  SUCH
 ABSENCE OR DISABILITY.
   §  5. Subdivision 1 of section 690.40 of the criminal procedure law is
 amended to read as follows:
   1. (A) In determining an application for a search  warrant  the  court
 may  examine, under oath, any person whom it believes may possess perti-
 nent information.   Any such examination  must  be  either  recorded  or
 summarized on the record by the court.
   (B)  IN  DETERMINING AN APPLICATION FOR A SEARCH WARRANT BASED, EITHER
 IN WHOLE OR IN PART, UPON THE GROUNDS  DESCRIBED  IN  PARAGRAPH  (B)  OF
 SUBDIVISION  FOUR  OF  SECTION  690.35  OF THIS ARTICLE, THE COURT SHALL
 STATE, WITH SPECIFICITY, IN WRITING OR ORALLY ON THE RECORD OR IN  WRIT-
 ING  UPON  THE APPLICATION FOR THE WARRANT ITSELF, THE FACTUAL BASIS FOR
 THE ISSUANCE OF THE WARRANT PURSUANT TO SUCH PARAGRAPH.   SUCH  DETERMI-
 NATION  SHALL  INCLUDE  EVIDENCE  STATING WHY A WARRANT THAT REQUIRES AN
 OFFICER TO KNOCK AND ANNOUNCE THEIR PRESENCE SHALL NOT BE ISSUED.
   § 6. Subdivision 6 of section 690.45 of the criminal procedure law, as
 renumbered by chapter 679 of the laws of 1982,  is  amended  and  a  new
 subdivision 8-a is added to read as follows:
   6.  A direction that the warrant be executed between the hours of 6:00
 A.M.  and 9:00 P.M., or, where the court has specially so determined, an
 authorization for execution thereof at any time  of  the  day  or  night
 UNLESS  THE  WARRANT  HAS BEEN OBTAINED BASED ON AN APPLICATION BASED IN
 WHOLE OR IN PART ON PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION  690.35
 OF  THIS  ARTICLE,  IN  WHICH EVENT THE PROVISIONS OF SUBDIVISION TWO OF
 SECTION 690.30 OF THIS ARTICLE RELATING TO THE TIME FOR  EXECUTING  SUCH
 WARRANTS SHALL APPLY; and
   8-A.  AN INTENDED COURSE OF ACTION IF NO RESPONSE IS RECEIVED FROM THE
 INTENDED SUSPECT OF THE WARRANT AT THE TIME OF EXECUTION  WITHIN  THIRTY
 SECONDS; AND
   § 7. Section 690.50 of the criminal procedure law is amended by adding
 five new subdivisions 7, 8, 9, 10 and 11 to read as follows:
   7.  UPON  SEIZING  PROPERTY OR ARRESTING A PERSON PURSUANT TO A SEARCH
 WARRANT ISSUED UNDER THIS ARTICLE, IN ADDITION TO  THE  REQUIREMENTS  OF
 SUBDIVISIONS FIVE AND SIX OF THIS SECTION, THE POLICE OFFICER SHALL FILE
 A REPORT WITH THE COURT THAT ISSUED SUCH WARRANT IN A FORM PRESCRIBED BY
 THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES PURSUANT TO SECTION EIGHT

 S. 11--A                            4
 
 HUNDRED THIRTY-SEVEN-W OF THE EXECUTIVE LAW,  SPECIFYING  THE  FOLLOWING
 INFORMATION:
   (A)  IF  APPLICABLE,  THE SUBPARAGRAPH OF PARAGRAPH (B) OF SUBDIVISION
 FOUR OF SECTION 690.35 OF THIS  ARTICLE  UPON  WHICH  SUCH  WARRANT  WAS
 BASED;
   (B) THE OFFICER AND AGENCY WHICH OBTAINED THE WARRANT;
   (C) THE PROSECUTOR AND PROSECUTING OFFICE WHICH DRAFTED THE WARRANT;
   (D) WHETHER THE FACTS CONTAINED IN THE SUPPORTING AFFIDAVIT WERE BASED
 UPON  A  CONFIDENTIAL INFORMANT, OR AN IDENTIFIED CITIZEN INFORMANT OR A
 POLICE OFFICER, NONE OF WHOM MUST BE NAMED;
   (E) THE DATE AND TIME THE SEARCH WARRANT WAS APPLIED FOR AND THE  DATE
 AND TIME THE SEARCH WARRANT WAS SIGNED;
   (F) THE DATE AND TIME THE SEARCH WARRANT WAS EXECUTED;
   (G) THE JUDGE WHO SIGNED AND THE COURT THAT ISSUED THE WARRANT;
   (H)  WHETHER THE APPLICATION FOR THE WARRANT ISSUED HAD BEEN SUBMITTED
 TO ANOTHER JUDGE OTHER THAN THE JUDGE WHO ISSUED THE WARRANT  FOR  WHICH
 THE REPORT IS SUBMITTED AND IF SO, WHEN SUCH APPLICATION OR APPLICATIONS
 WERE MADE AND THE RESULT OF EACH SUCH APPLICATION;
   (I)  THE  AGE, SEX AND RACE OF THE INDIVIDUAL TO WHOM SUCH WARRANT WAS
 DIRECTED;
   (J) WHETHER PHYSICAL FORCE OR DEADLY FORCE WAS USED IN EXECUTING  SUCH
 WARRANT;
   (K)  (I)  WHETHER  ANY INDIVIDUAL WAS INJURED OR KILLED AND IF SO, THE
 AGE, SEX AND RACE OF EACH SUCH PERSON; AND
   (II) THE STATUS OF EACH SUCH PERSON, SPECIFYING WHETHER EACH  WAS  THE
 SUBJECT OF THE SEARCH WARRANT, A POLICE OFFICER, OR A THIRD PARTY;
   (L)  THE  ADDRESS  WHERE THE WARRANT WAS EXECUTED INCLUDING THE STREET
 ADDRESS, CITY OR TOWN, COUNTY AND ZIP CODE;
   (M) THE RESULT OF EXECUTING THE WARRANT, SPECIFYING WHETHER:
   (I) EVIDENCE WAS SEIZED; AND
   (II) ANY INDIVIDUALS WERE ARRESTED, AND IF SO, WHETHER THE SUBJECT  OF
 THE  WARRANT  WAS ARRESTED OR OTHER INDIVIDUALS NOT NAMED IN THE WARRANT
 WERE ARRESTED; AND
   (N) WHETHER ANY PROPERTY WAS DAMAGED DURING THE  COURSE  OF  EXECUTING
 THE WARRANT AND A DESCRIPTION THEREOF.
   8. SEARCH WARRANTS NOT EXECUTED WITHIN SEVEN DAYS OF ISSUANCE SHALL BE
 CONSIDERED NULL AND VOID.
   9.  AN  OFFICER  SHALL BE REQUIRED TO PRESENT EVIDENCE AND/OR SURVEIL-
 LANCE GATHERED WITHIN TWENTY-FOUR HOURS OR  LESS  BEFORE  A  WARRANT  IS
 EXECUTED  WHICH  VERIFIES THAT THE SUBJECT OF SUCH WARRANT IS PRESENT AT
 THE RESIDENCE INTENDED TO BE SEARCHED.  WHERE THE INFORMATION ABOUT  THE
 LOCATION  OF THE SUBJECT OF ANY WARRANT COMES FROM AN INFORMANT OR OTHER
 THIRD-PARTY TESTIMONY, THE OFFICER APPLYING FOR THE WARRANT SHALL VERIFY
 THAT AN OFFICER OR AGENT OF  THE  POLICE  DEPARTMENT  HAS  INDEPENDENTLY
 VERIFIED  THAT  THERE  IS  PROBABLE  CAUSE TO BELIEVE THE SUBJECT OF THE
 WARRANT WILL BE PRESENT AT A PARTICULAR LOCATION.
   10. ANY OFFICER OR OFFICERS WHO ARE EXECUTING A SEARCH  WARRANT  SHALL
 BE  REQUIRED  TO  BE IN OFFICIAL UNIFORM AND BE CLEARLY RECOGNIZABLE AND
 IDENTIFIABLE AS A POLICE OFFICER. ALL OFFICERS INVOLVED IN THE EXECUTION
 OF A SEARCH WARRANT SHALL WEAR VISIBLE BADGES CONTAINING NAMES AND IDEN-
 TIFICATION NUMBERS.
   11. (A) ANY OFFICER OR OFFICERS WHO ARE  EXECUTING  A  SEARCH  WARRANT
 SHALL ALLOW A MINIMUM OF THIRTY SECONDS FOR THE OCCUPANTS OF THE PROPER-
 TY  BEING  SEARCHED  TO RESPOND AND OPEN THE DOOR BEFORE SUCH OFFICER OR
 OFFICERS ATTEMPT TO ENTER THE  PROPERTY,  EXCEPT  FOR  SITUATIONS  WHERE
 VERIFIABLE,  EXIGENT  CIRCUMSTANCES EXIST. FOR PURPOSES OF THIS SECTION,

 S. 11--A                            5
 
 "VERIFIABLE, EXIGENT CIRCUMSTANCES" MEANS ANY EVENT OCCURRING  IN  REAL-
 TIME  THAT  IS  LIFE-THREATENING  TO THE OFFICER OR OFFICERS EXECUTING A
 SEARCH WARRANT OR TO THE  OCCUPANTS  OF  THE  PROPERTY  WHICH  IS  BEING
 SEARCHED.
   (B)  NO OFFICER INVOLVED IN THE EXECUTION OF A SEARCH WARRANT SHALL AT
 ANY POINT DURING SUCH EXECUTION USE ANY FLASH BANG, STUN, DISTRACTION OR
 OTHER SIMILAR DEVICE UNLESS VERIFIABLE, EXIGENT CIRCUMSTANCES EXIST.
   (C) NO OFFICER INVOLVED IN THE EXECUTION OF  A  SEARCH  WARRANT  SHALL
 EXECUTE A WARRANT OUTSIDE OF WHEN SUCH WARRANT IS ALLOWED TO BE EXECUTED
 UNDER THIS ARTICLE UNLESS VERIFIABLE, EXIGENT CIRCUMSTANCES EXIST.
   §  8.   Section 690.55 of the criminal procedure law, paragraph (b) of
 subdivision 1 as amended by chapter 424 of the laws of 1998, is  amended
 to read as follows:
 § 690.55  Search warrants; disposition of seized property.
   1.    Upon receiving property seized pursuant to a search warrant, the
 court [must] SHALL either:
   (a)  Retain it in the custody of the court pending further disposition
 thereof pursuant to subdivision two or some other provision of law; or
   (b)  Direct that it be held in the custody of the person  who  applied
 for  the  warrant,  or  of the police officer who executed it, or of the
 governmental or official agency  or  department  by  which  either  such
 public servant is employed, upon condition that upon order of such court
 such property be returned thereto or delivered to another court.
   2.    A  local  criminal  court which retains custody of such property
 [must] SHALL, upon request of another criminal court in which a criminal
 action involving or relating to such property is pending, cause it to be
 delivered thereto.
   3. A PERSON AGGRIEVED BY AN UNLAWFUL SEARCH AND SEIZURE OF PROPERTY OR
 BY THE DEPRIVATION OF PROPERTY MAY MOVE FOR THE PROPERTY'S  RETURN  FIVE
 DAYS  AFTER THE PROPERTY HAS BEEN SEIZED, OR AT ANY TIME THEREAFTER. THE
 MOTION MAY BE MADE BEFORE ANY COURT WITH JURISDICTION OVER THE  CRIMINAL
 CASE  OR, IF NO CASE HAS BEEN FILED, IN THE COUNTY IN WHICH THE PROPERTY
 WAS SEIZED. THE COURT MUST RECEIVE EVIDENCE ON ANY FACTUAL ISSUE  NECES-
 SARY  TO DECIDE SUCH MOTION. AFTER AN AGGRIEVED PERSON HAS MOVED FOR THE
 PROPERTY'S RETURN, THE PROSECUTOR MUST ESTABLISH BY CLEAR AND CONVINCING
 EVIDENCE, THAT THE SEIZED PROPERTY WAS  THE  PROCEEDS  OF  A  CRIME,  OR
 EVIDENCE OF A CRIME. IF THE COURT GRANTS SUCH MOTION, IT MUST RETURN THE
 PROPERTY  TO THE MOVANT, BUT MAY IMPOSE REASONABLE CONDITIONS TO PROTECT
 ACCESS TO THE PROPERTY AND ITS USE IN LATER PROCEEDINGS.
   § 9. The criminal procedure law is amended by adding two new  sections
 690.60 and 690.65 to read as follows:
 § 690.60 SEARCH WARRANTS; MONETARY RESTITUTION.
   1.  FOLLOWING  THE  EXECUTION  OF  A SEARCH WARRANT ISSUED PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 690.35 OF THIS ARTICLE, THE
 OWNER OF THE PLACE OR PREMISES AT WHICH SUCH WARRANT  WAS  EXECUTED  AND
 THE  OWNER OF ANY PROPERTY LOCATED AT SUCH PREMISES SHALL BE ENTITLED TO
 MONETARY RESTITUTION, PAID PROMPTLY BY THE STATE OR MUNICIPALITY EMPLOY-
 ING THE OFFICIALS WHO EXECUTED THE WARRANT, FOR A PREMISES, OR ANY  PART
 THEREOF, AND ANY ITEMS OF PROPERTY AT SUCH PREMISES THAT WERE DAMAGED OR
 DESTROYED AS A PART OF THE EXECUTION OF SUCH WARRANT UPON SUCH PREMISES,
 UNLESS SUCH OWNER OF SUCH PREMISES OR PROPERTY IS:
   (A)  CONVICTED  OF  A  CRIME  INVOLVING OR RELATING TO PROPERTY SEIZED
 PURSUANT TO SUCH WARRANT; OR
   (B) CONVICTED OF A CRIME INVOLVING OR RELATING TO THE  SEARCH  WARRANT
 FOR SUCH PREMISES ISSUED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
 SECTION 690.05 OF THIS ARTICLE.

 S. 11--A                            6
 
   2.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED AS AFFECTING ANY OTHER
 RIGHT, DUTY OR CAUSE OF ACTION THAT MAY EXIST WITH RESPECT TO ANY  PREM-
 ISES,  OR PART THEREOF, OR ANY PROPERTY THAT MAY BE DAMAGED OR DESTROYED
 AS A RESULT OF ANY SUCH ARREST OR SEARCH.
 § 690.65 SEARCH WARRANTS; VIOLATIONS.
   WHERE A SEARCH WARRANT IS EXECUTED IN VIOLATION OF THIS ARTICLE:
   1.  ANY  EVIDENCE OBTAINED IN CONNECTION WITH THE SEARCH WARRANT SHALL
 BE INADMISSIBLE IN EVIDENCE BY THE PROSECUTION; AND
   2. ANY OFFICER INVOLVED IN THE EXECUTION OF SUCH SEARCH WARRANT  SHALL
 BE SUBJECT TO DISCIPLINARY ACTIONS INCLUDING, BUT NOT LIMITED TO, FINES,
 SUSPENSION OR TERMINATION.
   §  10.  The  executive law is amended by adding a new section 837-w to
 read as follows:
   § 837-W. ESTABLISH A FORM AND SYSTEM TO RECORD AND MONITOR  THE  ISSU-
 ANCE  AND  EXECUTION  OF  SEARCH  WARRANTS.    1. THE COMMISSIONER SHALL
 PRESCRIBE THE FORM OF DOCUMENT TO BE USED BY EVERY LAW ENFORCEMENT AGEN-
 CY OF THE STATE AND OF EACH MUNICIPALITY,  CITY,  TOWN  AND  VILLAGE  TO
 ACCOMPANY  A  REPORT TO BE PREPARED IN ACCORDANCE WITH SUBDIVISION SEVEN
 OF SECTION 690.50 OF THE CRIMINAL PROCEDURE LAW.
   2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM TO RECORD AND MONITOR THE
 ISSUANCE AND EXECUTION OF SEARCH WARRANTS BY EVERY LAW ENFORCEMENT AGEN-
 CY IN THE STATE OF NEW YORK. EVERY COURT  THAT  ISSUES  SEARCH  WARRANTS
 SHALL  FILE  ON  OR BEFORE THE THIRTY-FIRST DAY OF DECEMBER OF EACH YEAR
 WITH THE COMMISSIONER, A COPY OF EACH FORM FILED  WITH  SUCH  COURT  AND
 PRESCRIBED  IN  SUBDIVISION  ONE OF THIS SECTION, RETAINING THE ORIGINAL
 COPY OF SUCH FORM WITH THE COURT. THE COMMISSIONER SHALL COLLECT,  PROC-
 ESS  AND ANALYZE SUCH INFORMATION CONTAINED IN SUCH REPORTS, AND ISSUE A
 REPORT BY THE THIRTIETH DAY OF JUNE OF EACH YEAR  WHICH  SHALL  BE  MADE
 PUBLIC AND A COPY OF WHICH SHALL BE SENT TO THE OFFICE OF COURT ADMINIS-
 TRATION,  EACH LAW ENFORCEMENT AGENCY, EACH CIVIL COMPLAINT REVIEW BOARD
 WITH JURISDICTION OVER A POLICE OR LAW ENFORCEMENT AGENCY,  AND  TO  THE
 ATTORNEY GENERAL OF THE STATE OF NEW YORK.
   §  11.  Section  212  of  the judiciary law is amended by adding a new
 subdivision 3 to read as follows:
   3. THE CHIEF ADMINISTRATOR SHALL ALSO FORMULATE, ESTABLISH  AND  MAIN-
 TAIN  EDUCATIONAL  PROGRAMS,  SEMINARS  AND  INSTITUTES FOR THE JUDICIAL
 PERSONNEL OF THE UNIFIED COURT SYSTEM, TO  BE  SCHEDULED  ON  AN  ANNUAL
 BASIS,  OR  IF THE CIRCUMSTANCES WARRANT, MORE FREQUENTLY, ON THE LAW OF
 SEARCHES, ARRESTS AND SEIZURES UNDER THE LAWS OF THE STATE OF NEW  YORK,
 WITH  EMPHASIS  ON  THE  APPROPRIATE  STANDARDS  FOR THE ISSUANCE OF ALL
 WARRANTS AUTHORIZED UNDER THE CRIMINAL PROCEDURE LAW.
   § 12. This act shall take effect on  the  one  hundred  eightieth  day
 after  it shall have become a law.  Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.

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Senate Bill S11A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2021-S11 - Details

2021-S11 - Summary

2021-S11 - Sponsor Memo

2021-S11 - Bill Text download pdf

co-Sponsors

2021-S11A (ACTIVE) - Details

2021-S11A (ACTIVE) - Summary

2021-S11A (ACTIVE) - Sponsor Memo

2021-S11A (ACTIVE) - Bill Text download pdf

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