Bill Text: NY S03916 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that a woman shall be given the option of having a female officer perform a search on her person when one is authorized by law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S03916 Detail]

Download: New_York-2013-S03916-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3916
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2013
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN  ACT  to amend the criminal procedure law, in relation to searching a
         detained person for weapons
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 3 of section 140.50 of the criminal procedure
    2  law, as amended by chapter 911 of the laws of 1972, is amended  to  read
    3  as follows:
    4    3.  (A)  When upon stopping a person under circumstances prescribed in
    5  subdivisions one and two a police officer or court officer, as the  case
    6  may  be, reasonably suspects that he is in danger of physical injury, he
    7  may search such person for a deadly weapon or any instrument, article or
    8  substance readily capable of causing serious physical injury  and  of  a
    9  sort  not ordinarily carried in public places by law-abiding persons. If
   10  he finds such a weapon or instrument, or any other  property  possession
   11  of  which  he  reasonably  believes  may  constitute the commission of a
   12  crime, he may take it and keep it until the completion of the  question-
   13  ing,  at which time he shall either return it, if lawfully possessed, or
   14  arrest such person.
   15    (B) WHENEVER A FEMALE INDIVIDUAL IS TO BE SEARCHED  PURSUANT  TO  THIS
   16  SUBDIVISION  BY  A MALE POLICE OFFICER, THE OFFICER SHALL GIVE THE INDI-
   17  VIDUAL THE OPPORTUNITY TO HAVE THE SEARCH CONDUCTED BY A FEMALE OFFICER.
   18  IF THE INDIVIDUAL CHOOSES TO HAVE A FEMALE OFFICER PERFORM  THE  SEARCH,
   19  THE QUESTIONING OFFICER SHALL DETAIN THE INDIVIDUAL AND NO SEARCH OF THE
   20  INDIVIDUAL SHALL BE CONDUCTED UNTIL THE FEMALE OFFICER ARRIVES.
   21    (C)  THE  PROVISIONS  OF  PARAGRAPH  (B) OF THIS SUBDIVISION SHALL NOT
   22  APPLY: (I) WHEN THERE ARE NO FEMALE  OFFICERS  EMPLOYED  BY  THE  POLICE
   23  DEPARTMENT  OF  THE  QUESTIONING  OFFICER, OR (II) WHEN THERE ARE FEMALE
   24  OFFICERS EMPLOYED BY THE POLICE DEPARTMENT OF THE  QUESTIONING  OFFICER,
   25  BUT NO SUCH FEMALE OFFICER IS WORKING AT THE TIME OF THE TEMPORARY QUES-
   26  TIONING.
   27    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09161-01-3