senate Bill S1184

2021-2022 Legislative Session

Relates to detaining persons for longer than twenty-four hours

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2021 referred to codes
delivered to assembly
passed senate
Jan 19, 2021 ordered to third reading cal.65
reported and committed to rules
Jan 08, 2021 referred to codes

Votes

view votes

Jan 19, 2021 - Codes committee Vote

S1184
7
4
committee
7
Aye
4
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 19, 2021

aye wr (1)
absent (1)

Jan 19, 2021 - Rules committee Vote

S1184
13
6
committee
13
Aye
6
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Rules committee vote details

Rules Committee Vote: Jan 19, 2021

aye wr (1)
absent (1)

Co-Sponsors

view additional co-sponsors

S1184 (ACTIVE) - Details

See Assembly Version of this Bill:
A5264
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 2019-2020 Legislative Session:
S8707, A10884

S1184 (ACTIVE) - Summary

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

S1184 (ACTIVE) - Sponsor Memo

S1184 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1184
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced by Sens. GIANARIS, BAILEY, BIAGGI, HOYLMAN, JACKSON, KRUEGER,
   LIU,  SALAZAR,  SERRANO  --  read  twice and ordered printed, and when
   printed to be committed 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, "UNNECESSARY DELAY" SHALL MEAN 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 OFFICER, EVEN WHEN  NO  ARREST  NUMBER  HAS
 BEEN  ISSUED.  THE  FAILURE  OR  INABILITY  OF  ANY GOVERNMENT AGENCY TO
 FULFILL THE REQUIREMENTS OF THIS SECTION, AS  DETERMINED  BY  THE  COURT
 AFTER  APPLICATION  MADE BY THE DETAINEE OR THEIR COUNSEL, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.