NY State Senate Bill 2021-S8123

Senate Bill S8123

2021-2022 Legislative Session

Relates to providing for the return of any identification materials to an individual upon release from custody

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Mar 23, 2022	advanced to third reading
Mar 22, 2022	2nd report cal.
Mar 21, 2022	1st report cal.723
Jan 25, 2022	referred to crime victims, crime and correction

Votes

- Mar 21, 2022 - Crime Victims, Crime And Correction Committee Vote
  S8123
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Mar 21, 2022
      
      aye (7)
      
      Akshar
      
      Bailey
      
      Gallivan
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda

2021-S8123 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Amd §125, Cor L; add §837-x, Exec L

2021-S8123 (ACTIVE) - Summary

Provides for the return of any identification materials to an individual upon release from custody.

2021-S8123 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8123

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the correction law and the executive law, in relation to
providing for the return of any identification materials to an individ-
ual upon release from custody

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent law enforcement from exacting a punishment on the detained
beyond their mandate of detaining or incarcerating individuals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivision 1 of section 125 of the corrections law to
add identification materials to the detained person's items that shall
be shall be kept by a correctional superintendent and returned upon
discharge.

§ 2 Creates a new section 837-w of the executive law to require that law

enforcement officials shall return identification materials to persons
being released from custody.

§ 3 Sets the effective date.

 
JUSTIFICATION:

In some circumstances, law enforcement and corrections officials fail to
provide persons leaving their jurisdiction with their identifying mate-
rials upon releasing them from custody. This can produce unnecessary
hardship for persons being released, as any person needs proper iden-
tification materials to perform the most ordinary day-to-day actions,
like opening a bank account, entering a government building, or even
joining a gym. Whether the failure to provide individuals with their
identification materials is intentional or inadvertent, it imposes a
hardship upon persons that is not prescribed by law. This bill explicit-
ly obligates law enforcement and corrections to avoid such action.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8123 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8123
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN ACT to amend the correction law and the executive law, in relation to
   providing  for  the return of any identification materials to an indi-
   vidual upon release from custody

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 125 of the correction law, as
 amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
 follows:
   1.  The  superintendent,  or an employee covered by bond who is desig-
 nated by the superintendent, of each correctional  facility  shall  take
 charge  of  all  moneys  and  other articles which may be brought to the
 facility by the incarcerated individuals, INCLUDING BUT NOT  LIMITED  TO
 ANY  IDENTIFICATION,  and  shall  cause  the  same, immediately upon the
 receipt thereof, to be entered among the receipts of the facility; which
 money and other articles, INCLUDING BUT NOT LIMITED TO  ANY  IDENTIFICA-
 TION  MATERIALS, whenever the incarcerated individual from whom the same
 was received shall be discharged from the custody of the department,  or
 the  same  shall be otherwise legally demanded, shall be returned by the
 said superintendent to such  incarcerated  individual  or  other  person
 legally  entitled to the same, and vouchers shall be taken therefor. The
 commissioner shall  promulgate  rules  and  regulations  concerning  the
 custody and transfer of such money and other articles, INCLUDING BUT NOT
 LIMITED  TO  ANY  IDENTIFICATION  MATERIALS  in cases where incarcerated
 individuals are transferred from one facility to another.
   § 2. The executive law is amended by adding a  new  section  837-x  to
 read as follows:
   § 837-X. RETURN OF IDENTIFICATION MATERIALS. 1. THE MEMBER OF A POLICE
 DEPARTMENT,  COUNTY  SHERIFF'S  OFFICE,  THE  STATE  POLICE OR OTHER LAW
 ENFORCEMENT OFFICER DESIGNATED TO RELEASE  AN  INDIVIDUAL  FROM  CUSTODY
 SHALL  RETURN TO SUCH INDIVIDUAL ANY IDENTIFICATION MATERIALS SUCH INDI-
 VIDUAL WAS IN POSSESSION OF WHEN TAKEN INTO CUSTODY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14439-01-2
 S. 8123                             2
 
   2. AS USED IN THIS SECTION, THE TERM "LAW ENFORCEMENT  OFFICER"  MEANS
 ANY PUBLIC SERVANT WHO IS AUTHORIZED TO CONDUCT AN INVESTIGATION, PROSE-
 CUTE OR MAKE AN ARREST FOR A CRIMINAL OFFENSE.
   § 3. This act shall take effect immediately.

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