Bill Text: NY A05264 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to detaining persons for longer than twenty-four hours.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2021-06-08 - substituted by s1184a [A05264 Detail]
Download: New_York-2021-A05264-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5264--C 2021-2022 Regular Sessions IN ASSEMBLY February 12, 2021 ___________ Introduced by M. of A. RICHARDSON, DE LA ROSA, JACKSON, FORREST, SIMON, GONZALEZ-ROJAS, PERRY, BARRON -- read once and referred to the Commit- tee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Commit- tee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules 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, "without unnecessary delay" shall 4 mean promptly, and in any event before twenty-four hours or less have 5 expired, commencing at the time of the person being taken into custody 6 by such police officer, or any person acting on behalf of a police offi- 7 cer, even when no arrest number has been issued. The failure or inabili- 8 ty of any government agency to fulfill the requirements of this section, 9 shall require the immediate release from custody of any person so held. 10 § 2. The criminal procedure law is amended by adding a new article 3 11 to read as follows: 12 ARTICLE 3 13 DETAINED PERSONS REGISTRY 14 Section 3.10 Detained persons registry. 15 § 3.10 Detained persons registry. 16 1. Cities with a population of one million or more shall establish and 17 maintain a searchable online registry, consisting of the names, ages, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03244-04-1A. 5264--C 2 1 and locations of persons taken into custody by a police department for 2 any reason, which will permit authorized users to locate such persons. 3 2. Such information shall be entered into the registry at the moment a 4 person is taken into custody, and upon the issuance of any type of 5 appearance ticket, summons or upon the arraignment of any person entered 6 into this registry, or upon the release of any person entered into this 7 registry from detention, any and all data related thereto shall be imme- 8 diately removed from the registry, destroyed and rendered unavailable to 9 any entity for any purpose. 10 3. For the purposes of this section, authorized users shall be limit- 11 ed to defender organizations contracted with cities to represent crimi- 12 nal defendants. The agency administering the registry shall be charged 13 with ensuring that authorized users are employed by such defender organ- 14 izations and shall require login credentials available only to employees 15 of such organizations. The administering agency shall conduct an audit 16 at least annually to purge any users who are no longer employed by such 17 organizations. 18 4. The searchable online registry described in this section shall be 19 administered and operated solely by the city of New York police depart- 20 ment. No non-local law enforcement agency, officer, or employee, nor any 21 non-local government employee, nor any private individual or officer of 22 the court who is not an authorized user, shall be given access to this 23 registry or participate in the administration or operation of this 24 registry. 25 5. No authorized user or other person who obtains access to the regis- 26 try described in this section shall disclose any information obtained or 27 learned of from such registry to any non-local law enforcement agency, 28 officer, or employee, or to any non-local government employee, or to any 29 private individual or officer of the court who is not an authorized user 30 except by the defender organization to individuals in furtherance of 31 client or potential client representation. 32 § 3. Section 7009 of the civil practice law and rules is amended by 33 adding a new subdivision (f) to read as follows: 34 (f) Persons detained for longer than twenty-four hours. For purposes 35 of this article, when a writ of habeas corpus is heard challenging the 36 pre-arraignment detention of a person detained for more than twenty-four 37 hours, there shall be an evidentiary presumption that such detention, 38 without arraignment, was avoidable, unnecessary and unlawful as defined 39 in section 140.20 of the criminal procedure law, until and unless such 40 presumption is rebutted by clear and convincing evidence of compelling 41 facts and circumstance demonstrating that such delay was unavoidable and 42 actually necessary for each individual petitioner identified in the 43 writ. 44 § 4. This act shall take effect immediately.
