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Assembly Bill A5343

2023-2024 Legislative Session

Relates to the storage of evidence by law enforcement agencies

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Archive: Last Bill Status - In Assembly Committee

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2023-A5343 (ACTIVE) - Details

See Senate Version of this Bill:
S6600
Current Committee:
Assembly Ways And Means
Law Section:
Executive Law
Laws Affected:
Add §837-x, Exec L
Versions Introduced in 2025-2026 Legislative Session:
A1809, S5862

2023-A5343 (ACTIVE) - Summary

Requires law enforcement agencies to store physical or other evidence it maintains within fireproof containers or within a fireproof storage area; requires law enforcement agencies to document and photograph evidence before it is stored in a fireproof container or storage area; requires that such documents and photographs be stored in a different location.

2023-A5343 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5343
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL, RAMOS, SIMON, GALLAGHER -- read
   once and referred to the Committee on Codes
 
 AN ACT to amend the  executive  law,  in  relation  to  the  storage  of
   evidence by law enforcement agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new section  837-x
 to read as follows:
   §  837-X.  LAW  ENFORCEMENT  AGENCIES;  STORAGE  OF  EVIDENCE.  1. FOR
 PURPOSES OF THIS SECTION, "LAW ENFORCEMENT AGENCY" MEANS A POLICE AGENCY
 OR DEPARTMENT OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, INCLUD-
 ING AUTHORITIES OR AGENCIES MAINTAINING  POLICE  FORCES  OF  INDIVIDUALS
 DEFINED  AS  POLICE  OFFICERS  IN SECTION 1.20 OF THE CRIMINAL PROCEDURE
 LAW, OR A SHERIFF'S DEPARTMENT.
   2. EVERY LAW ENFORCEMENT AGENCY SHALL BE REQUIRED TO KEEP ALL PHYSICAL
 OR OTHER EVIDENCE IT MAINTAINS WITHIN A FIREPROOF CONTAINER OR WITHIN  A
 FIREPROOF  STORAGE AREA. SUCH CONTAINER OR STORAGE AREA SHALL BE LOCATED
 WITHIN A STATE-OF-THE-ART FACILITY UTILIZING MODERN AND  ADVANCED  TECH-
 NOLOGY.
   3.  PRIOR  TO  THE STORAGE OF EVIDENCE WITHIN A FIREPROOF CONTAINER OR
 STORAGE AREA AS REQUIRED PURSUANT TO SUBDIVISION TWO  OF  THIS  SECTION,
 EVERY  LAW  ENFORCEMENT AGENCY SHALL BE REQUIRED TO PHOTOGRAPH AND DOCU-
 MENT SUCH EVIDENCE AND TO STORE SUCH PHOTOGRAPHS AND DOCUMENTATION IN  A
 SEPARATE  LOCATION  WHICH  IS  DIFFERENT  FROM THE LOCATION IN WHICH THE
 EVIDENCE IS BEING STORED IN A FIREPROOF CONTAINER OR STORAGE AREA.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09874-01-3

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