S T A T E O F N E W Y O R K
________________________________________________________________________
11027
I N A S S E M B L Y
April 23, 2026
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Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred 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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01618-01-5
A. 11027 2
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.