Bill Text: NY S01278 | 2013-2014 | General Assembly | Introduced
Bill Title: Makes various provisions to the criminal procedure law in relation to the execution of a warrant of arrest; authorizes the commissioner of the division of criminal justice services to establish a system to record and monitor the issuance and execution of search warrants; and authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-09 - REFERRED TO CODES [S01278 Detail]
Download: New_York-2013-S01278-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1278 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the execution of a warrant of arrest; to amend the executive law, in relation to authorizing the commissioner of the division of criminal justice services to establish a system to record and monitor the issuance and execution of search warrants; and to amend the judiciary law, in relation to authorizing the chief administrator to establish educa- tional programs for judicial personnel on the law of searches, arrests and seizures THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 690.30 of the criminal procedure 2 law is amended to read as follows: 3 2. A search warrant may be executed on any day of the week. [It] 4 EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, A SEARCH WARRANT may 5 be executed only between the hours of 6:00 A.M. and 9:00 P.M., unless 6 the warrant expressly authorizes execution thereof at any time of the 7 day or night, as provided in subdivision [five] SIX of section 690.45 OF 8 THIS ARTICLE. NOTWITHSTANDING PARAGRAPH (A) OF SUBDIVISION FOUR OF 9 SECTION 690.35 OF THIS ARTICLE, A SEARCH WARRANT BASED IN WHOLE OR IN 10 PART ON THE GROUNDS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION FOUR OF 11 SECTION 690.35 OF THIS ARTICLE MAY BE EXECUTED ONLY BETWEEN THE HOURS OF 12 9:00 A.M. AND 6:00 P.M. UNLESS THERE IS REASONABLE CAUSE TO BELIEVE THAT 13 IT CANNOT BE EXECUTED BETWEEN THOSE HOURS BECAUSE (I) THE PROPERTY 14 SOUGHT SHALL BE REMOVED OR DESTROYED IF NOT SEIZED FORTHWITH, OR (II) IN 15 THE CASE OF AN APPLICATION FOR A SEARCH WARRANT AS DEFINED IN PARAGRAPH 16 (B) OF SUBDIVISION TWO OF SECTION 690.05 OF THIS ARTICLE, THE PERSON 17 SOUGHT IS LIKELY TO FLEE OR COMMIT ANOTHER CRIME, OR MAY ENDANGER THE 18 SAFETY OF THE EXECUTING POLICE OFFICERS OR ANOTHER PERSON IF NOT SEIZED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00633-01-3 S. 1278 2 1 FORTHWITH OR BETWEEN THE HOURS OF 6:00 P.M. AND 9:00 A.M., IN WHICH 2 EVENT THE REQUEST MUST CONTAIN FACTS TO SUPPORT SUCH APPLICATION, AND 3 THE COURT MUST MAKE A FINDING IN WRITING OR ORALLY ON THE RECORD OR IN 4 WRITING UPON THE APPLICATION ITSELF SETTING FORTH THE FACTUAL BASIS FOR 5 THE ISSUANCE OF THE WARRANT PURSUANT TO THIS SUBDIVISION. 6 S 2. Subdivision 1 of section 690.35 of the criminal procedure law, as 7 amended by chapter 679 of the laws of 1982, is amended to read as 8 follows: 9 1. An application for a search warrant may be in writing or oral. If 10 in writing, it must be made, subscribed and sworn to by a public servant 11 specified in subdivision one of section 690.05 OF THIS ARTICLE. If 12 oral, it must be made by such a public servant and sworn to and recorded 13 in the manner provided in section 690.36 OF THIS ARTICLE. AN APPLICA- 14 TION FOR A SEARCH WARRANT BASED EITHER IN WHOLE OR IN PART ON PARAGRAPH 15 (B) OF SUBDIVISION FOUR OF THIS SECTION, MUST BE MADE TO A COURT BETWEEN 16 THE HOURS OF 6:00 A.M. AND 9:00 P.M. UNLESS CIRCUMSTANCES REASONABLY 17 REQUIRE THAT SUCH APPLICATION BE MADE AT ANOTHER TIME, IN WHICH EVENT 18 SUCH CIRCUMSTANCES SHALL BE STATED IN THE APPLICATION FOR THE WARRANT. 19 S 3. Section 690.35 of the criminal procedure law is amended by 20 adding a new subdivision 5 to read as follows: 21 5. WHEN MAKING AN APPLICATION BASED EITHER IN WHOLE OR IN PART ON 22 PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION, IN ADDITION TO THE 23 OTHER REQUIREMENTS FOR AN APPLICATION FOR A SEARCH WARRANT, THE APPLI- 24 CANT MUST ASCERTAIN, TO THE EXTENT REASONABLY POSSIBLE, WHETHER ANY 25 PARTIES OTHER THAN ANY SUBJECT OF THE SEARCH WARRANT SHALL BE PRESENT 26 WHEN THE WARRANT IS EXECUTED, AND IF SO, THE AGE AND PHYSICAL CONDITION 27 OF THE PARTIES, AND REASONABLE ALTERNATIVES TO EXECUTING SUCH WARRANT IN 28 THE PRESENCE OF SUCH INDIVIDUALS. THE RESULTS OF SUCH INVESTIGATION 29 SHALL BE INCLUDED IN THE APPLICATION AND CONFORM WITH THE REQUIREMENTS 30 OF PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION. 31 S 4. Subdivision 1 of section 690.40 of the criminal procedure law is 32 amended to read as follows: 33 1. (A) In determining an application for a search warrant the court 34 may examine, under oath, any person whom it believes may possess perti- 35 nent information. Any such examination must be either recorded or 36 summarized on the record by the court. 37 (B) IN DETERMINING AN APPLICATION FOR A SEARCH WARRANT BASED, EITHER 38 IN WHOLE OR IN PART, UPON THE GROUNDS DESCRIBED IN PARAGRAPH (B) OF 39 SUBDIVISION FOUR OF SECTION 690.35 OF THIS ARTICLE, THE COURT SHALL 40 STATE, WITH SPECIFICITY, IN WRITING OR ORALLY ON THE RECORD OR IN WRIT- 41 ING UPON THE APPLICATION FOR THE WARRANT ITSELF, THE FACTUAL BASIS FOR 42 THE ISSUANCE OF THE WARRANT PURSUANT TO SUCH PARAGRAPH. 43 S 5. Subdivision 6 of section 690.45 of the criminal procedure law, as 44 renumbered by chapter 679 of the laws of 1982, is amended to read as 45 follows: 46 6. A direction that the warrant be executed between the hours of 6:00 47 A.M. and 9:00 P.M., or, where the court has specially so determined, an 48 authorization for execution thereof at any time of the day or night 49 UNLESS THE WARRANT HAS BEEN OBTAINED BASED ON AN APPLICATION BASED IN 50 WHOLE OR IN PART ON PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 690.35 51 OF THIS ARTICLE, IN WHICH EVENT THE PROVISIONS OF SUBDIVISION TWO OF 52 SECTION 690.30 OF THIS ARTICLE RELATING TO THE TIME FOR EXECUTING SUCH 53 WARRANTS SHALL APPLY; and 54 S 6. Section 690.50 of the criminal procedure law is amended by adding 55 a new subdivision 7 to read as follows: S. 1278 3 1 7. UPON SEIZING PROPERTY OR ARRESTING A PERSON PURSUANT TO A SEARCH 2 WARRANT ISSUED UNDER THIS ARTICLE, IN ADDITION TO THE REQUIREMENTS OF 3 SUBDIVISIONS FIVE AND SIX OF THIS SECTION, THE POLICE OFFICER SHALL FILE 4 A REPORT WITH THE COURT THAT ISSUED SUCH WARRANT IN A FORM PRESCRIBED BY 5 THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION EIGHT 6 HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW, SPECIFYING THE FOLLOWING 7 INFORMATION: 8 (A) IF APPLICABLE, THE SUBPARAGRAPH OF PARAGRAPH (B) OF SUBDIVISION 9 FOUR OF SECTION 690.35 OF THIS ARTICLE UPON WHICH SUCH WARRANT WAS 10 BASED; 11 (B) THE OFFICER AND AGENCY WHICH OBTAINED THE WARRANT; 12 (C) THE PROSECUTOR AND PROSECUTING OFFICE WHICH DRAFTED THE WARRANT; 13 (D) WHETHER THE FACTS CONTAINED IN THE SUPPORTING AFFIDAVIT WERE BASED 14 UPON A CONFIDENTIAL INFORMANT, OR AN IDENTIFIED CITIZEN INFORMANT OR A 15 POLICE OFFICER, NONE OF WHOM MUST BE NAMED; 16 (E) THE DATE AND TIME THE SEARCH WARRANT WAS APPLIED FOR AND THE DATE 17 AND TIME THE SEARCH WARRANT WAS SIGNED; 18 (F) THE DATE AND TIME THE SEARCH WARRANT WAS EXECUTED; 19 (G) THE JUDGE WHO SIGNED AND THE COURT THAT ISSUED THE WARRANT; 20 (H) WHETHER THE APPLICATION FOR THE WARRANT ISSUED HAD BEEN SUBMITTED 21 TO ANOTHER JUDGE OTHER THAN THE JUDGE WHO ISSUED THE WARRANT FOR WHICH 22 THE REPORT IS SUBMITTED AND IF SO, WHEN SUCH APPLICATION OR APPLICATIONS 23 WERE MADE AND THE RESULT OF EACH SUCH APPLICATION; 24 (I) THE AGE, SEX AND RACE OF THE INDIVIDUAL TO WHOM SUCH WARRANT WAS 25 DIRECTED; 26 (J) WHETHER PHYSICAL FORCE OR DEADLY FORCE WAS USED IN EXECUTING SUCH 27 WARRANT; 28 (K) IF PHYSICAL OR DEADLY FORCE WAS USED: 29 (I) WHETHER ANY INDIVIDUAL WAS INJURED OR KILLED AND IF SO, THE AGE, 30 SEX AND RACE OF EACH SUCH PERSON; AND 31 (II) THE STATUS OF EACH SUCH PERSON, SPECIFYING WHETHER EACH WAS THE 32 SUBJECT OF THE SEARCH WARRANT, A POLICE OFFICER, OR A THIRD-PARTY; 33 (L) THE ADDRESS WHERE THE WARRANT WAS EXECUTED INCLUDING THE STREET 34 ADDRESS, CITY OR TOWN, COUNTY AND ZIP CODE; 35 (M) THE RESULT OF EXECUTING THE WARRANT, SPECIFYING WHETHER: 36 (I) EVIDENCE WAS SEIZED; AND 37 (II) ANY INDIVIDUALS WERE ARRESTED, AND IF SO, WHETHER THE SUBJECT OF 38 THE WARRANT WAS ARRESTED OR OTHER INDIVIDUALS NOT NAMED IN THE WARRANT 39 WERE ARRESTED; AND 40 (N) WHETHER ANY PROPERTY WAS DAMAGED DURING THE COURSE OF EXECUTING 41 THE WARRANT AND A DESCRIPTION THEREOF. 42 S 7. The criminal procedure law is amended by adding a new section 43 690.60 to read as follows: 44 S 690.60 SEARCH WARRANTS; MONETARY RESTITUTION. 45 1. FOLLOWING THE EXECUTION OF A SEARCH WARRANT ISSUED PURSUANT TO 46 PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 690.35 OF THIS ARTICLE, THE 47 OWNER OF THE PLACE OR PREMISES AT WHICH SUCH WARRANT WAS EXECUTED AND 48 THE OWNER OF ANY PROPERTY LOCATED AT SUCH PREMISES SHALL BE ENTITLED TO 49 MONETARY RESTITUTION, PAID PROMPTLY BY THE STATE OR MUNICIPALITY EMPLOY- 50 ING THE OFFICIALS WHO EXECUTED THE WARRANT, FOR A PREMISES, OR ANY PART 51 THEREOF, AND ANY ITEMS OF PROPERTY AT SUCH PREMISES THAT WERE DAMAGED OR 52 DESTROYED AS A PART OF THE EXECUTION OF SUCH WARRANT UPON SUCH PREMISES, 53 UNLESS SUCH OWNER OF SUCH PREMISES OR PROPERTY IS: 54 (A) CONVICTED OF A CRIME INVOLVING OR RELATING TO PROPERTY SEIZED 55 PURSUANT TO SUCH WARRANT; OR S. 1278 4 1 (B) CONVICTED OF A CRIME INVOLVING OR RELATING TO THE SEARCH WARRANT 2 FOR SUCH PREMISES ISSUED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF 3 SECTION 690.05 OF THIS ARTICLE. 4 2. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AFFECTING ANY OTHER 5 RIGHT, DUTY OR CAUSE OF ACTION THAT MAY EXIST WITH RESPECT TO ANY PREM- 6 ISES, OR PART THEREOF, OR ANY PROPERTY THAT MAY BE DAMAGED OR DESTROYED 7 AS A RESULT OF ANY SUCH ARREST OR SEARCH. 8 S 8. The executive law is amended by adding a new section 837-s to 9 read as follows: 10 S 837-S. ESTABLISH A FORM AND SYSTEM TO RECORD AND MONITOR THE ISSU- 11 ANCE AND EXECUTION OF SEARCH WARRANTS. 1. THE COMMISSIONER SHALL 12 PRESCRIBE THE FORM OF DOCUMENT TO BE USED BY EVERY LAW ENFORCEMENT AGEN- 13 CY OF THE STATE AND OF EACH MUNICIPALITY, CITY, TOWN AND VILLAGE TO 14 ACCOMPANY A REPORT TO BE PREPARED IN ACCORDANCE WITH SUBDIVISION SEVEN 15 OF SECTION 690.50 OF THE CRIMINAL PROCEDURE LAW. 16 2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM TO RECORD AND MONITOR THE 17 ISSUANCE AND EXECUTION OF SEARCH WARRANTS BY EVERY LAW ENFORCEMENT AGEN- 18 CY IN THE STATE OF NEW YORK. EVERY COURT THAT ISSUES SEARCH WARRANTS 19 SHALL FILE ON OR BEFORE THE THIRTY-FIRST DAY OF DECEMBER OF EACH YEAR 20 WITH THE COMMISSIONER, A COPY OF EACH FORM FILED WITH SUCH COURT AND 21 PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION, RETAINING THE ORIGINAL 22 COPY OF SUCH FORM WITH THE COURT. THE COMMISSIONER SHALL COLLECT, PROC- 23 ESS AND ANALYZE SUCH INFORMATION CONTAINED IN SUCH REPORTS, AND ISSUE A 24 REPORT BY THE THIRTIETH DAY OF JUNE OF EACH YEAR WHICH SHALL BE MADE 25 PUBLIC AND A COPY OF WHICH SHALL BE SENT TO THE OFFICE OF COURT ADMINIS- 26 TRATION, EACH LAW ENFORCEMENT AGENCY, EACH CIVIL COMPLAINT REVIEW BOARD 27 WITH JURISDICTION OVER A POLICE OR LAW ENFORCEMENT AGENCY, AND TO THE 28 ATTORNEY GENERAL OF THE STATE OF NEW YORK. 29 S 9. Section 212 of the judiciary law is amended by adding a new 30 subdivision 3 to read as follows: 31 3. THE CHIEF ADMINISTRATOR SHALL ALSO FORMULATE, ESTABLISH AND MAIN- 32 TAIN EDUCATIONAL PROGRAMS, SEMINARS AND INSTITUTES FOR THE JUDICIAL 33 PERSONNEL OF THE UNIFIED COURT SYSTEM, TO BE SCHEDULED ON AN ANNUAL 34 BASIS, OR IF THE CIRCUMSTANCES WARRANT, MORE FREQUENTLY, ON THE LAW OF 35 SEARCHES, ARRESTS AND SEIZURES UNDER THE LAWS OF THE STATE OF NEW YORK, 36 WITH EMPHASIS ON THE APPROPRIATE STANDARDS FOR THE ISSUANCE OF ALL 37 WARRANTS AUTHORIZED UNDER THE CRIMINAL PROCEDURE LAW. 38 S 10. This act shall take effect on the one hundred eightieth day 39 after it shall have become a law; provided, however, that effective 40 immediately, the addition, amendment and/or repeal of any rule or regu- 41 lation necessary for the implementation of this act on its effective 42 date are authorized and directed to be made and completed on or before 43 such effective date.