Senate Bill S449

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    449
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and the  civil  practice  law
   and  rules,  in  relation to detaining persons for longer than twenty-
   four hours

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 140.20 of the criminal procedure law is amended by
 adding a new subdivision 9 to read as follows:
   9. FOR PURPOSES OF THIS SECTION,  "WITHOUT  UNNECESSARY  DELAY"  SHALL
 MEAN  PROMPTLY,  AND  IN ANY EVENT BEFORE TWENTY-FOUR HOURS OR LESS HAVE
 EXPIRED, COMMENCING AT THE TIME OF THE PERSON BEING TAKEN  INTO  CUSTODY
 BY SUCH POLICE OFFICER, OR ANY PERSON ACTING ON BEHALF OF A POLICE OFFI-
 CER, EVEN WHEN NO ARREST NUMBER HAS BEEN ISSUED. THE FAILURE OR INABILI-
 TY OF ANY GOVERNMENT AGENCY TO FULFILL THE REQUIREMENTS OF THIS SECTION,
 SHALL REQUIRE THE IMMEDIATE RELEASE FROM CUSTODY OF ANY PERSON SO HELD.
   §  2.  The criminal procedure law is amended by adding a new article 3
 to read as follows:
                                 ARTICLE 3
                         DETAINED PERSONS REGISTRY
 SECTION 3.10 DETAINED PERSONS REGISTRY.
 § 3.10 DETAINED PERSONS REGISTRY.
   1. CITIES WITH A POPULATION OF ONE MILLION OR MORE SHALL ESTABLISH AND
 MAINTAIN A SEARCHABLE ONLINE REGISTRY, CONSISTING OF  THE  NAMES,  AGES,
 AND  LOCATIONS  OF PERSONS TAKEN INTO CUSTODY BY A POLICE DEPARTMENT FOR
 ANY REASON, WHICH WILL PERMIT AUTHORIZED USERS TO LOCATE SUCH PERSONS.
   2. SUCH INFORMATION SHALL BE ENTERED INTO THE REGISTRY AT THE MOMENT A
 PERSON IS TAKEN INTO CUSTODY, AND UPON  THE  ISSUANCE  OF  ANY  TYPE  OF
 APPEARANCE TICKET, SUMMONS OR UPON THE ARRAIGNMENT OF ANY PERSON ENTERED
 INTO  THIS REGISTRY, OR UPON THE RELEASE OF ANY PERSON ENTERED INTO THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02653-01-3
 S. 449                              2
 
 REGISTRY FROM DETENTION, ANY AND ALL DATA RELATED THERETO SHALL BE IMME-
 DIATELY REMOVED FROM THE REGISTRY, DESTROYED AND RENDERED UNAVAILABLE TO
 ANY ENTITY FOR ANY PURPOSE.
   3.  FOR THE PURPOSES OF THIS SECTION, AUTHORIZED USERS SHALL BE LIMIT-
 ED  TO DEFENDER ORGANIZATIONS CONTRACTED WITH CITIES TO REPRESENT CRIMI-
 NAL DEFENDANTS.  THE AGENCY ADMINISTERING THE REGISTRY SHALL BE  CHARGED
 WITH ENSURING THAT AUTHORIZED USERS ARE EMPLOYED BY SUCH DEFENDER ORGAN-
 IZATIONS AND SHALL REQUIRE LOGIN CREDENTIALS AVAILABLE ONLY TO EMPLOYEES
 OF  SUCH  ORGANIZATIONS. THE ADMINISTERING AGENCY SHALL CONDUCT AN AUDIT
 AT LEAST ANNUALLY TO PURGE ANY USERS WHO ARE NO LONGER EMPLOYED BY  SUCH
 ORGANIZATIONS.
   4.  THE  SEARCHABLE ONLINE REGISTRY DESCRIBED IN THIS SECTION SHALL BE
 ADMINISTERED AND OPERATED SOLELY BY THE CITY OF NEW YORK POLICE  DEPART-
 MENT. NO NON-LOCAL LAW ENFORCEMENT AGENCY, OFFICER, OR EMPLOYEE, NOR ANY
 NON-LOCAL  GOVERNMENT EMPLOYEE, NOR ANY PRIVATE INDIVIDUAL OR OFFICER OF
 THE COURT WHO IS NOT AN AUTHORIZED USER, SHALL BE GIVEN ACCESS  TO  THIS
 REGISTRY  OR  PARTICIPATE  IN  THE  ADMINISTRATION  OR OPERATION OF THIS
 REGISTRY.
   5. NO AUTHORIZED USER OR OTHER PERSON WHO OBTAINS ACCESS TO THE REGIS-
 TRY DESCRIBED IN THIS SECTION SHALL DISCLOSE ANY INFORMATION OBTAINED OR
 LEARNED OF FROM SUCH REGISTRY TO ANY NON-LOCAL LAW  ENFORCEMENT  AGENCY,
 OFFICER, OR EMPLOYEE, OR TO ANY NON-LOCAL GOVERNMENT EMPLOYEE, OR TO ANY
 PRIVATE INDIVIDUAL OR OFFICER OF THE COURT WHO IS NOT AN AUTHORIZED USER
 EXCEPT  BY  THE  DEFENDER  ORGANIZATION TO INDIVIDUALS IN FURTHERANCE OF
 CLIENT OR POTENTIAL CLIENT REPRESENTATION.
   § 3. Section 7009 of the civil practice law and rules  is  amended  by
 adding a new subdivision (f) to read as follows:
   (F)  PERSONS  DETAINED FOR LONGER THAN TWENTY-FOUR HOURS. FOR PURPOSES
 OF THIS ARTICLE, WHEN A WRIT OF HABEAS CORPUS IS HEARD  CHALLENGING  THE
 PRE-ARRAIGNMENT DETENTION OF A PERSON DETAINED FOR MORE THAN TWENTY-FOUR
 HOURS,  THERE  SHALL  BE AN EVIDENTIARY PRESUMPTION THAT SUCH DETENTION,
 WITHOUT ARRAIGNMENT, WAS AVOIDABLE, UNNECESSARY AND UNLAWFUL AS  DEFINED
 IN  SECTION  140.20 OF THE CRIMINAL PROCEDURE LAW, UNTIL AND UNLESS SUCH
 PRESUMPTION IS REBUTTED BY CLEAR AND CONVINCING EVIDENCE  OF  COMPELLING
 FACTS AND CIRCUMSTANCE DEMONSTRATING THAT SUCH DELAY WAS UNAVOIDABLE AND
 ACTUALLY  NECESSARY  FOR  EACH  INDIVIDUAL  PETITIONER IDENTIFIED IN THE
 WRIT.
   § 4. This act shall take effect immediately.