Bill Text: NY S08707 | 2019-2020 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Engrossed - Dead) 2020-07-22 - referred to codes [S08707 Detail]

Download: New_York-2019-S08707-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8707--A

                    IN SENATE

                                      July 9, 2020
                                       ___________

        Introduced by Sens. GIANARIS, BAILEY, CARLUCCI, HOYLMAN, JACKSON, KRUEG-
          ER,  LIU,  SALAZAR -- read twice and ordered printed, and when printed
          to be committed to the Committee on Rules -- committee discharged  and
          said bill committed to the Committee on Codes -- committee discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        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:

     1    Section  1. Section 140.20 of the criminal procedure law is amended by
     2  adding a new subdivision 9 to read as follows:
     3    9. For purposes of this section, "unnecessary delay" shall mean before
     4  twenty-four hours or less have expired, commencing at the  time  of  the
     5  person  being  taken  into custody by such police officer, or any person
     6  acting on behalf of a police officer, even when  no  arrest  number  has
     7  been  issued.  The  failure  or  inability  of  any government agency to
     8  fulfill the requirements of this section  shall  require  the  immediate
     9  release  from  custody  of  any  person so held, upon application by the
    10  detainee or their counsel.
    11    § 2. The criminal procedure law is amended by adding a new  article  3
    12  to read as follows:
    13                                  ARTICLE 3
    14                          DETAINED PERSONS REGISTRY
    15  Section 3.10 Detained persons registry.
    16  § 3.10 Detained persons registry.
    17    Cities  with  a  population of one million or more shall establish and
    18  maintain a searchable online registry, consisting of  the  names,  ages,
    19  and  locations  of  persons  detained by a police department, which will
    20  permit authorized users to  locate  persons  detained  for  any  reason,
    21  including  but  not limited to the investigation of possible warrants or
    22  detainers, processing for the possible issuance of a summons or  appear-
    23  ance  ticket,  in  anticipation  of  being presented in a local criminal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16815-04-0
        S. 8707--A                          2

     1  court for arraignment  within  twenty-four  hours  pursuant  to  section
     2  140.20 of this chapter or where no arrest number or other identifier has
     3  been issued by an agency responsible for issuing one.  Upon the issuance
     4  of any type of appearance ticket, summons or upon the arraignment of any
     5  person  entered  into  this  registry,  any and all data related thereto
     6  shall be removed from the registry, destroyed and  rendered  unavailable
     7  to  any  entity  for  any  purpose.    For the purposes of this section,
     8  authorized users shall be limited to defender  organizations  contracted
     9  with cities to represent criminal defendants.
    10    §  3.  Section  7009 of the civil practice law and rules is amended by
    11  adding a new subdivision (f) to read as follows:
    12    (f) Persons detained for longer than twenty-four hours.  For  purposes
    13  of  this  article, when a writ of habeas corpus is heard challenging the
    14  pre-arraignment detention of a person detained for more than twenty-four
    15  hours, there shall be an evidentiary presumption that such detention  is
    16  unnecessary,  and  unlawful as defined in section 140.20 of the criminal
    17  procedure law, until and unless such presumption is  rebutted  by  clear
    18  and  convincing  evidence  that  such a delay was actually necessary for
    19  each individual petitioner identified in the writ.
    20    § 4. This act shall take effect immediately.