Bill Text: NY A10884 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to detaining persons for longer than twenty-four hours.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-08-17 - print number 10884a [A10884 Detail]

Download: New_York-2019-A10884-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                        10884--A

                   IN ASSEMBLY

                                      July 24, 2020
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Richardson)
          -- read once and referred to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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, "unnecessary delay" shall mean before
     4  twenty-four  hours  or  less have expired, commencing at the time of the
     5  person being taken into custody by such police officer,  or  any  person
     6  acting  on  behalf  of  a police officer, even when no arrest number has
     7  been issued. The failure  or  inability  of  any  government  agency  to
     8  fulfill  the  requirements  of  this section shall require the immediate
     9  release from custody of any person so  held,  upon  application  by  the
    10  detainee or their counsel.
    11    §  2.  The criminal procedure law is amended by adding a new article 3
    12  to read as follows:
    13                                  ARTICLE 3
    14                          DETAINED PERSONS REGISTRY
    15  Section 3.10 Detained persons registry.
    16  § 3.10 Detained persons registry.
    17    Cities with a population of one million or more  shall  establish  and
    18  maintain  a  searchable  online registry, consisting of the names, ages,
    19  and locations of persons detained by a  police  department,  which  will
    20  permit  authorized  users  to  locate  persons  detained for any reason,
    21  including but not limited to the investigation of possible  warrants  or
    22  detainers,  processing for the possible issuance of a summons or appear-
    23  ance ticket, in anticipation of being  presented  in  a  local  criminal
    24  court  for  arraignment  within  twenty-four  hours  pursuant to section
    25  140.20 of this chapter or where no arrest number or other identifier has

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16815-05-0

        A. 10884--A                         2

     1  been issued by an agency responsible for issuing one.  Upon the issuance
     2  of any type of appearance ticket, summons or upon the arraignment of any
     3  person entered into this registry, any  and  all  data  related  thereto
     4  shall  be  removed from the registry, destroyed and rendered unavailable
     5  to any entity for any purpose.    For  the  purposes  of  this  section,
     6  authorized  users  shall be limited to defender organizations contracted
     7  with cities to represent criminal defendants.
     8    § 3. Section 7009 of the civil practice law and rules  is  amended  by
     9  adding a new subdivision (f) to read as follows:
    10    (f)  Persons  detained for longer than twenty-four hours. For purposes
    11  of this article, when a writ of habeas corpus is heard  challenging  the
    12  pre-arraignment detention of a person detained for more than twenty-four
    13  hours,  there shall be an evidentiary presumption that such detention is
    14  unnecessary, and unlawful as defined in section 140.20 of  the  criminal
    15  procedure  law,  until  and unless such presumption is rebutted by clear
    16  and convincing evidence that such a delay  was  actually  necessary  for
    17  each individual petitioner identified in the writ.
    18    § 4. This act shall take effect immediately.
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