NY State Senate Bill S1281

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2022	reported and committed to judiciary
Jan 05, 2022	referred to codes
May 19, 2021	reported and committed to judiciary
Jan 08, 2021	referred to codes

Votes

view votes

Jan 18, 2022 - Codes committee Vote

S1281

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 19, 2021 - Codes committee Vote

S1281

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S1281 (ACTIVE) - Details

See Assembly Version of this Bill:: A5688
Current Committee:: Senate Judiciary
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §710.70, CP L
Versions Introduced in 2023-2024 Legislative Session:: S939, A152

S1281 (ACTIVE) - Summary

Relates to facilitating appellate review of rulings that implicate issues of public concern.

S1281 (ACTIVE) - Sponsor Memo

 
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.

S1281 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1281
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  facilitating
   appellate review of rulings that implicate issues of public concern
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 710.70 of the  criminal  procedure
 law is amended to read as follows:
   2.  An order finally denying a motion to suppress evidence [may] SHALL
 be  reviewed  upon  an  appeal  from  an  ensuing judgment of conviction
 notwithstanding the fact that such judgment is entered upon  a  plea  of
 guilty AND NOT WITHSTANDING AN OTHERWISE ENFORCEABLE WAIVER OF THE RIGHT
 TO APPEAL.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02764-01-1

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The New York State Senate

senate Bill S1281

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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Actions

Votes

Jan 18, 2022 - Codes committee Vote

Codes Committee Vote: Jan 18, 2022

May 19, 2021 - Codes committee Vote

Codes Committee Vote: May 19, 2021

Co-Sponsors

S1281 (ACTIVE) - Details

S1281 (ACTIVE) - Summary

S1281 (ACTIVE) - Sponsor Memo

S1281 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1281

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Your Voice

Actions

Votes

Jan 18, 2022 - Codes committee Vote

Codes Committee Vote: Jan 18, 2022

May 19, 2021 - Codes committee Vote

Codes Committee Vote: May 19, 2021

Co-Sponsors

S1281 (ACTIVE) - Details

S1281 (ACTIVE) - Summary

S1281 (ACTIVE) - Sponsor Memo

S1281 (ACTIVE) - Bill Text download pdf

Comments