Bill Text: NY S07000 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits the search of certain items when stopping a person under certain vehicle and traffic violations; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S07000 Detail]
Download: New_York-2021-S07000-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7000 2021-2022 Regular Sessions IN SENATE May 21, 2021 ___________ Introduced by Sen. COONEY -- 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 temporary questioning of persons in public places The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 140.50 of the criminal procedure law is amended by 2 adding a new subdivision 5 to read as follows: 3 5. When upon stopping a person under circumstances as prescribed by 4 sections 1156, 1163, and 1263 of the vehicle and traffic law, a law 5 enforcement officer shall not search such person for the following 6 items: 7 (a) any substance prohibited by article 220 of the penal law; 8 (b) any substance prohibited by article 222 of the penal law in the 9 amounts prohibited by that article; 10 (c) a deadly weapon or any instrument, article or substance readily 11 capable of causing serious physical injury and of a sort not ordinarily 12 carried in public places by law-abiding persons, unless such officer 13 reasonably suspects that they are in danger of physical injury. If such 14 officer finds such a weapon or instrument, or any other property 15 possession of which he or she reasonably believes may constitute the 16 commission of a crime, he or she may take it and keep it until the 17 completion of the questioning, at which time he or she shall either 18 return it, if lawfully possessed, or arrest such person. 19 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11611-01-1