Bill Text: NY A06002 | 2019-2020 | 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.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A06002 Detail]

Download: New_York-2019-A06002-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6002
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 26, 2019
                                       ___________
        Introduced  by  M. of A. TITUS, O'DONNELL, COOK -- Multi-Sponsored by --
          M. of A.  CAHILL, COLTON, GOTTFRIED, JAFFEE, JOHNS --  read  once  and
          referred to the Committee 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    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07730-01-9
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