|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 20, 2021||referred to codes|
delivered to assembly
|Jan 19, 2021||ordered to third reading cal.65|
reported and committed to rules
|Jan 08, 2021||referred to codes|
senate Bill S1184
Current Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1184 (ACTIVE) - Details
S1184 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1184 SPONSOR: GIANARIS TITLE OF BILL: 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 PURPOSE: This act shall ensure one's pre-arraignment detention does not exceed 24 hours without individualized explanations for why such a delay in release was necessary, and requires cities with a population of over 1 million to establish and maintain a detained persons registry for authorized users. SUMMARY OF PROVISIONS: Section one amends Section 140.20 of the criminal procedure law to add a new subdivision 9 which defines an "unnecessary delay" as it relates to
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.
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