NY State Senate Bill S449

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 30, 2023	referred to codes
Mar 29, 2023	delivered to assembly passed senate
Feb 06, 2023	advanced to third reading
Feb 01, 2023	2nd report cal.
Jan 31, 2023	1st report cal.223
Jan 04, 2023	referred to codes

Votes

view votes

Mar 29, 2023 - floor Vote

S449

floor

Aye

Nay

Absent

Excused

Abstained

Jan 31, 2023 - Codes committee Vote

S449

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S449 (ACTIVE) - Details

See Assembly Version of this Bill:: A505
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §140.20, add Art 3 §3.10, CP L; amd §7009, CPLR
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8707
2021-2022: S1184, A9734

S449 (ACTIVE) - Summary

Relates to detaining persons for longer than twenty-four hours.

S449 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S449

SPONSOR: GIANARIS
 
TITLE OF BILL:

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

 
PURPOSE:

This act shall ensure one's pre-arraignment detention does not exceed 24
hours without individualized explanations for why such a delay in
release was unavoidable and actually necessary, and requires cities with
a population of over 1 million to establish and maintain a detained
persons registry for authorized users.

 
SUMMARY OF PROVISIONS:

Section one amends Section 140.20 of the criminal procedure law to add a
new subdivision 9 which defines "without unnecessary delay" as it
relates to pre-arraignment detention.

Section two adds a new article 3 to the criminal procedure law which
requires cities with a population of one million or more create and
maintain a detained persons registry, the contents of which can permit
authorized users to locate detainees. Authorized users are defined to
consist of defender organizations contracted with cities to represent
criminal defendants. The agency administering the registry must verify
authorized users and at least annually purge users who no longer meet
the definition of an authorized user. The New York police department is
responsible for administering and operating the registry. Non-authorized
users may not have access to the registry, and the information obtained
by using the registry may only be used by authorized user in furtherance
of client or potential client representation.

Section three amends section 7009 of the civil practice law and rules by
adding a new subdivision (f) which presumes that any pre-arraignment
detention exceeding 24-hours is avoidable, unnecessary and unlawful,
unless clear and convincing evidence of compelling facts and circum-
stance is provided to demonstrate that the delay was unavoidable and
actually necessary for each individual petitioner named in the writ.

Section four sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

In June 2020, hundreds of people in New York City alone were detained
for over 24 hours without being brought before a judge after being
arrested in a series of protests in light of the murder of George Floyd
and the Black Lives Matter movement. When public defenders petitioned
for their releases, New York City Criminal Court Judge Burke ruled the
State was permitted to hold detainees for more than 24 hours due to "a
civil unrest crisis within the overarching Covid-19 crisis." As a
result, people accused of committing crimes were forced into cramped
quarters indefinitely, posing an unnecessary risk to their health. The
protections in this bill would prevent New Yorkers from experiencing
unlawfully lengthy detention in the future, unless acceptable individ-
ualized reasons for the delay are provided.

This bill will codify a Court of Appeals ruling regarding pre-arraign-
ment detention, and include some additional protections.  In 1991, the
New York Court of Appeals decision in Roundtree v. New York set a
24-hour rule for pre-arraignment detention. The Court reasoned that
preliminary police duties which must be completed pre-arraignment can
easily be accomplished within 24 hours, unless an acceptable reason for
the delay is provided. Specifically, this bill would establish that any
pre-arraignment detention exceeding 24 hours from arrest to arraignment
constitutes an "unnecessary delay" under the law, until and unless the
presumption is rebutted by clear and convincing evidence that such a
delay was actually necessary for each individual petitioner identified
in a writ of habeas corpus. To further ensure that these provisions are
met and that defense attorneys have access to those who might require
assistance with pre-arraignment issues, this bill would also require
cities with a population of one million or greater to establish and
maintain a searchable online registry to locate detainees.

 
LEGISLATIVE HISTORY:

2022: Passed Senate/Died in Codes (Assembly)

2021: Passed Senate

2020: Passed Senate/Died in Codes (Assembly)

 
FISCAL IMPLICATIONS:

None to the state.

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
This act shall take effect immediately.

S449 (ACTIVE) - Bill Text download pdf

 
                     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.

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The New York State Senate

senate Bill S449

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 29, 2023 - floor Vote

Floor Vote: Mar 29, 2023

Jan 31, 2023 - Codes committee Vote

Codes Committee Vote: Jan 31, 2023

Co-Sponsors

S449 (ACTIVE) - Details

S449 (ACTIVE) - Summary

S449 (ACTIVE) - Sponsor Memo

S449 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S449

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Sponsored By

Michael Gianaris

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 29, 2023 - floor Vote

Floor Vote: Mar 29, 2023

Jan 31, 2023 - Codes committee Vote

Codes Committee Vote: Jan 31, 2023

Co-Sponsors

Brad Hoylman-Sigal

S449 (ACTIVE) - Details

S449 (ACTIVE) - Summary

S449 (ACTIVE) - Sponsor Memo

S449 (ACTIVE) - Bill Text download pdf

Comments