Bill Text: NY A05495 | 2017-2018 | General Assembly | Introduced


Bill Title: Provides that applicant for a search warrant must disclose all prior denials of the same or similar application, as well as any prior failure to issue such a warrant by a different judge, if known to the applicant.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05495 Detail]

Download: New_York-2017-A05495-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5495
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 9, 2017
                                       ___________
        Introduced  by  M. of A. TITUS, O'DONNELL, COOK -- Multi-Sponsored by --
          M. of A.  CAHILL, COLTON, GOTTFRIED, JAFFEE, JOHNS, NOLAN -- read once
          and referred to the Committee on Codes
        AN ACT to amend the  criminal  procedure  law,  in  relation  to  search
          warrant applications
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (e) of subdivision 3 of  section  690.35  of  the
     2  criminal  procedure  law,  as  added by chapter 504 of the laws of 1991,
     3  such subdivision as renumbered by chapter 815 of the laws  of  1992,  is
     4  amended and a new paragraph (f) is added to read as follows:
     5    (e)  In  the case of an application for a search warrant as defined in
     6  paragraph (b) of subdivision two  of  section  690.05,  a  copy  of  the
     7  warrant of arrest and the underlying accusatory instrument[.]; and
     8    (f)  A  full  disclosure of all prior denials of the same or a similar
     9  application, as well as any prior failure  to  issue  a  search  warrant
    10  based  on  the  same  or a similar application, by a different judge, if
    11  known to the applicant.
    12    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02800-01-7
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