Bill Text: NY S02299 | 2011-2012 | General Assembly | Introduced

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Bill Title: Limits the period of time for which a defendant against whom a misdemeanor complaint is pending in a local criminal court may be held in custody by requiring his or her release if a misdemeanor complaint has not been replaced by a misdemeanor information within 120-144 hours of arrest.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CODES [S02299 Detail]

Download: New_York-2011-S02299-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2299
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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  misdemeanor
         complaints
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of section  170.70  of  the  criminal
    2  procedure law is amended to read as follows:
    3    Upon  application  of a defendant against whom a misdemeanor complaint
    4  is pending in a local criminal court, and who, [either at  the  time  of
    5  his arraignment thereon or subsequent thereto, has been committed to the
    6  custody of the sheriff] SINCE THE TIME OF HIS ARREST OR SUBSEQUENT THER-
    7  ETO, HAS BEEN HELD IN CUSTODY pending disposition of the action, and who
    8  has  been confined in such custody for a period of more than [five days,
    9  not including Sunday] ONE HUNDRED TWENTY HOURS, OR IN THE EVENT  THAT  A
   10  SATURDAY,  SUNDAY  OR  LEGAL  HOLIDAY  OCCURS  DURING  SUCH CUSTODY, ONE
   11  HUNDRED FORTY-FOUR HOURS, without any information having been  filed  in
   12  replacement  of  such  misdemeanor  complaint,  the  criminal court must
   13  release the defendant on his own recognizance unless:
   14    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07441-01-1