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Senate Bill S7000

2021-2022 Legislative Session

Prohibits the search of certain items when stopping a person under certain vehicle and traffic violations

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S7000 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.50, CP L
Versions Introduced in 2023-2024 Legislative Session:
S957

2021-S7000 (ACTIVE) - Summary

Prohibits the search of certain items when stopping a person under certain vehicle and traffic violations; makes related provisions.

2021-S7000 (ACTIVE) - Sponsor Memo

2021-S7000 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7000
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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 temporary
   questioning of persons in public places
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 140.50 of the criminal procedure law is amended by
 adding a new subdivision 5 to read as follows:
   5. WHEN UPON STOPPING A PERSON UNDER CIRCUMSTANCES  AS  PRESCRIBED  BY
 SECTIONS  1156,  1163,  AND  1263  OF THE VEHICLE AND TRAFFIC LAW, A LAW
 ENFORCEMENT OFFICER SHALL NOT  SEARCH  SUCH  PERSON  FOR  THE  FOLLOWING
 ITEMS:
   (A) ANY SUBSTANCE PROHIBITED BY ARTICLE 220 OF THE PENAL LAW;
   (B)  ANY  SUBSTANCE  PROHIBITED BY ARTICLE 222 OF THE PENAL LAW IN THE
 AMOUNTS PROHIBITED BY THAT ARTICLE;
   (C) A DEADLY WEAPON OR ANY INSTRUMENT, ARTICLE  OR  SUBSTANCE  READILY
 CAPABLE  OF CAUSING SERIOUS PHYSICAL INJURY AND OF A SORT NOT ORDINARILY
 CARRIED IN PUBLIC PLACES BY LAW-ABIDING  PERSONS,  UNLESS  SUCH  OFFICER
 REASONABLY  SUSPECTS THAT THEY ARE IN DANGER OF PHYSICAL INJURY. IF SUCH
 OFFICER FINDS SUCH  A  WEAPON  OR  INSTRUMENT,  OR  ANY  OTHER  PROPERTY
 POSSESSION  OF  WHICH  HE  OR SHE REASONABLY BELIEVES MAY CONSTITUTE THE
 COMMISSION OF A CRIME, HE OR SHE MAY TAKE  IT  AND  KEEP  IT  UNTIL  THE
 COMPLETION  OF  THE  QUESTIONING,  AT  WHICH TIME HE OR SHE SHALL EITHER
 RETURN IT, IF LAWFULLY POSSESSED, OR ARREST SUCH PERSON.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11611-01-1

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