Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
senate Bill S449
Sponsored By
Michael Gianaris
(D, WF) 12th Senate District
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
Votes
Co-Sponsors
Brad Hoylman-Sigal
(D, WF) 47th Senate District
S449 (ACTIVE) - Details
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.
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.
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