Bill Text: NY A03421 | 2011-2012 | 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.

Sponsorship: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A03421 Detail]

Download: New_York-2011-A03421-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3421
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2011
                                      ___________
       Introduced  by  M.  of  A.  TITUS,  O'DONNELL, CLARK, COOK, SCARBOROUGH,
         WRIGHT -- Multi-Sponsored by -- M. of A.  CAHILL,  COLTON,  GOTTFRIED,
         HEASTIE, JAFFEE, JOHNS, NOLAN -- read once and referred to the Commit-
         tee 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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08015-01-1