senate Bill S1184A

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

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Actions

view actions (24)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2022 referred to codes
delivered to assembly
passed senate
Mar 09, 2022 advanced to third reading
Mar 08, 2022 2nd report cal.
Mar 07, 2022 1st report cal.651
Jan 05, 2022 referred to codes
returned to senate
died in assembly
Jun 08, 2021 ordered to third reading rules cal.556
substituted for a5264c
Jun 07, 2021 referred to codes
returned to assembly
repassed senate
Jun 03, 2021 amended on third reading 1184a
Jun 03, 2021 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
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

Mar 7, 2022 - Codes committee Vote

S1184A
8
3
committee
8
Aye
3
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 7, 2022

aye wr (2)

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 committee vote details

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 committee vote details

Co-Sponsors

view additional co-sponsors

S1184 - 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 - Summary

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

S1184 - Sponsor Memo

S1184 - 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.

Co-Sponsors

view additional co-sponsors

S1184A (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

S1184A (ACTIVE) - Summary

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

S1184A (ACTIVE) - Sponsor Memo

S1184A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1184--A
     Cal. No. 65
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sens. GIANARIS, BAILEY, BIAGGI, BROUK, HOYLMAN, JACKSON,
   KRUEGER, LIU, RIVERA, SALAZAR, SERRANO, STAVISKY  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Codes -- reported favorably from said committee and committed  to  the
   Committee  on Rules -- reported favorably from said committee, ordered
   to a third reading, passed by Senate and delivered  to  the  Assembly,
   recalled,  vote  reconsidered,  restored to third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 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,  "WITHOUT  UNNECESSARY  DELAY"  SHALL
 MEAN  PROMPTLY,  AND  IN ANY EVENT 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 OFFI-
 CER, EVEN WHEN NO ARREST NUMBER HAS BEEN ISSUED. THE FAILURE OR INABILI-
 TY OF ANY GOVERNMENT AGENCY TO FULFILL THE REQUIREMENTS OF THIS SECTION,
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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