Bill Text: NY A07227 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that a woman shall be given the option of having a female officer perform a search on her person when one is authorized by law.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2014-06-30 - enacting clause stricken [A07227 Detail]

Download: New_York-2013-A07227-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7227
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 8, 2013
                                      ___________
       Introduced  by  M. of A. ROSA -- read once and referred to the Committee
         on Codes
       AN ACT to amend the criminal procedure law, in relation to  searching  a
         detained person for weapons
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 140.50 of the  criminal  procedure
    2  law,  as  amended by chapter 911 of the laws of 1972, is amended to read
    3  as follows:
    4    3. (A) When upon stopping a person under circumstances  prescribed  in
    5  subdivisions  one and two a police officer or court officer, as the case
    6  may be, reasonably suspects that he is in danger of physical injury,  he
    7  may search such person for a deadly weapon or any instrument, article or
    8  substance  readily  capable  of causing serious physical injury and of a
    9  sort not ordinarily carried in public places by law-abiding persons.  If
   10  he  finds  such a weapon or instrument, or any other property possession
   11  of which he reasonably believes  may  constitute  the  commission  of  a
   12  crime,  he may take it and keep it until the completion of the question-
   13  ing, at which time he shall either return it, if lawfully possessed,  or
   14  arrest such person.
   15    (B)  WHENEVER  A  FEMALE INDIVIDUAL IS TO BE SEARCHED PURSUANT TO THIS
   16  SUBDIVISION BY A MALE POLICE OFFICER, THE OFFICER SHALL GIVE  THE  INDI-
   17  VIDUAL THE OPPORTUNITY TO HAVE THE SEARCH CONDUCTED BY A FEMALE OFFICER.
   18  IF  THE  INDIVIDUAL CHOOSES TO HAVE A FEMALE OFFICER PERFORM THE SEARCH,
   19  THE QUESTIONING OFFICER SHALL DETAIN THE INDIVIDUAL AND NO SEARCH OF THE
   20  INDIVIDUAL SHALL BE CONDUCTED UNTIL THE FEMALE OFFICER ARRIVES.
   21    (C) THE PROVISIONS OF PARAGRAPH (B)  OF  THIS  SUBDIVISION  SHALL  NOT
   22  APPLY:  (I)  WHEN  THERE  ARE  NO FEMALE OFFICERS EMPLOYED BY THE POLICE
   23  DEPARTMENT OF THE QUESTIONING OFFICER, OR (II)  WHEN  THERE  ARE  FEMALE
   24  OFFICERS  EMPLOYED  BY THE POLICE DEPARTMENT OF THE QUESTIONING OFFICER,
   25  BUT NO SUCH FEMALE OFFICER IS WORKING AT THE TIME OF THE TEMPORARY QUES-
   26  TIONING.
   27    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09161-01-3