Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
senate Bill S8123
Sponsored By
Cordell Cleare
(D) 30th Senate District
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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S8123 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Correction Law
- Laws Affected:
- Amd §125, Cor L; add §837-x, Exec L
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
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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