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

New York Assembly Bill 10884 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          10884

                   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

        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    Municipalities  with  a population of one million or more shall estab-
    18  lish and maintain a searchable online registry, consisting of the names,
    19  ages, and locations of persons detained by a  police  department,  which
    20  will  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
    26  been issued by an agency responsible for issuing one.  Upon the issuance
    27  of any type of appearance ticket, summons or upon the arraignment of any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16815-03-0

        A. 10884                            2

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