Senate Bill S1281

                                
 
BILL NUMBER: S1281

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to facilitating
appellate review of rulings that implicate issues of public concern.

 
PURPOSE OF BILL:

The purpose of the Act is to require the court to review a denial of a
motion to suppress evidence on appeal. By ensuring that a court review
such denials, the legislative intent of section 710.70 will be
furthered, and defendants can properly challenge the validity of an
order denying their motion. Additionally, such review of an order deny-
ing a motion to suppress evidence will take place regardless of whether
a defendant waives their right to appeal on that issue.

 
SUMMARY OF SPECIFIC PROVISIONS:

  Section (1) amends CPL 710.70 by replacing the term "may" with "shall"
              

and  allows  an appellate review of an order finally denying a motion to
suppress evidence, regardless of a defendant's waiver of their right  to
appeal.

  Section (2) provides that this act will take effect sixteen days after
becoming law.

 
JUSTIFICATION:

The  purpose  of  the  proposed  amendment is to further the legislative
intent of section 710.70. Currently, the  law  gives  defendants  little
recourse  to  challenge  a  final  order  denying  a  motion to suppress
evidence when a plea bargain is accepted. Defendants traditionally  face
additional   hardships   during   criminal  proceedings  such  as  false
confessions,  unreliable  identification  procedures,  stop  and  frisk,
racial  profiling, and police perjury. Given the prioritization of judi-
cial efficiency, defendants are put at a disadvantage and are  often  at
the  mercy of the judicial system. By providing defendants with an addi-
tional level of review on crucial orders regarding  the  suppression  of
evidence,  the rights of a defendant can be enforced properly under this
section.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the  sixtieth  day  after  it  shall  have
become law.