Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
senate Bill S1281
Sponsored By
Jamaal T. Bailey
(D) 36th Senate District
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
Votes
Co-Sponsors
Brian A. Benjamin
(D) 0 Senate District
Alessandra Biaggi
(D, WF) 0 Senate District
Jabari Brisport
(D, WF) 25th Senate District
Brad Hoylman-Sigal
(D, WF) 47th Senate District
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) - 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"
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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