Bill Text: NY S05092 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 5092

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Provides for the return of any identification materials to an individual upon release from custody.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-21 - 1ST REPORT CAL.1271 [S05092 Detail]

Download: New_York-2023-S05092-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          5092

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 22, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction

        AN ACT to amend the correction law and the executive law, in relation to
          providing  for  the return of any identification materials to an indi-
          vidual upon release from custody

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of  section 125 of the correction law, as
     2  amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
     3  follows:
     4    1.  The  superintendent,  or an employee covered by bond who is desig-
     5  nated by the superintendent, of each correctional  facility  shall  take
     6  charge  of  all  moneys  and  other articles which may be brought to the
     7  facility by the incarcerated individuals, including but not  limited  to
     8  any  identification,  and  shall  cause  the  same, immediately upon the
     9  receipt thereof, to be entered among the receipts of the facility; which
    10  money and other articles, including but not limited to  any  identifica-
    11  tion  materials, whenever the incarcerated individual from whom the same
    12  was received shall be discharged from the custody of the department,  or
    13  the  same  shall be otherwise legally demanded, shall be returned by the
    14  said superintendent to such  incarcerated  individual  or  other  person
    15  legally  entitled to the same, and vouchers shall be taken therefor. The
    16  commissioner shall  promulgate  rules  and  regulations  concerning  the
    17  custody and transfer of such money and other articles, including but not
    18  limited  to  any  identification  materials  in cases where incarcerated
    19  individuals are transferred from one facility to another.
    20    § 2. The executive law is amended by adding a  new  section  837-x  to
    21  read as follows:
    22    § 837-x. Return of identification materials. 1. The member of a police
    23  department,  county  sheriff's  office,  the  state  police or other law

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09684-01-3

        S. 5092                             2

     1  enforcement officer designated to release  an  individual  from  custody
     2  shall  return to such individual any identification materials such indi-
     3  vidual was in possession of when taken into custody.
     4    2.  As  used in this section, the term "law enforcement officer" means
     5  any public servant who is authorized to conduct an investigation, prose-
     6  cute or make an arrest for a criminal offense.
     7    § 3. This act shall take effect immediately.