senate Bill S1802

2021-2022 Legislative Session

Relates to providing judges more discretion regarding securing orders and limiting the lengths of certain orders; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 15, 2021 referred to codes

S1802 (ACTIVE) - Details

See Assembly Version of this Bill:
A4964
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §150.10 sub 3, §500.10 subs 3-a, 3-b, 21 & 22, §§150.80, 510.43, 510.45, 530.20 & 530.40, §530.45 sub 2-a, amd CP L, generally; rpld §216 sub 5, Judy L; rpld §837-u, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S8987, A11047

S1802 (ACTIVE) - Summary

Relates to providing judges more discretion regarding securing orders and limiting the lengths of certain orders.

S1802 (ACTIVE) - Sponsor Memo

S1802 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1802
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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  providing
   judges  more  discretion  regarding  securing  orders and limiting the
   lengths of certain orders; and to repeal  certain  provisions  of  the
   criminal procedure law, the judiciary law and the executive law relat-
   ing thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 150.10 of the  criminal  procedure
 law is REPEALED.
   §  2.  Subdivision 1 of section 1.20 of the criminal procedure law, as
 amended by chapter 450 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1.  "Accusatory  instrument" means[: (a)] an indictment, an indictment
 ordered reduced pursuant to subdivision one-a of section 210.20 of  this
 chapter, an information, a simplified information, a prosecutor's infor-
 mation, a superior court information, a misdemeanor complaint or a felo-
 ny  complaint.  Every  accusatory  instrument,  regardless of the person
 designated therein as accuser, constitutes an accusation  on  behalf  of
 the  state as plaintiff and must be entitled "the people of the state of
 New York" against a designated person, known as the defendant[; and
   (b) an appearance ticket issued for a parking infraction when (i) such
 ticket is based on personal knowledge or information and belief  of  the
 police  officer  or other public servant who issues the ticket, (ii) the
 police officer or other public servant who issues such  ticket  verifies
 that false statements made therein are punishable as a class A misdemea-
 nor, (iii) the infraction or infractions contained therein are stated in
 detail  and  not in conclusory terms so as to provide the defendant with
 sufficient  notice  including,  but  not  limited,  to  the   applicable
 provision  of  law allegedly violated, and the date, time and particular

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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