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

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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 (5)
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

view votes

Mar 21, 2022 - Crime Victims, Crime and Correction committee Vote

S8123
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 21, 2022

aye (7)

S8123 (ACTIVE) - Details

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

S8123 (ACTIVE) - Summary

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

S8123 (ACTIVE) - Sponsor Memo

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.

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