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NY A10884

Bill

Status

Introduced

7/24/2020

Primary Sponsor

Diane Richardson

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Amends Criminal Procedure Law section 140.20 to define "unnecessary delay" as detention beyond twenty-four hours from initial custody, and requires immediate release of any person held beyond this period if government agencies fail to meet requirements.

  • Establishes a searchable online detained persons registry in cities with populations of one million or more, containing names, ages, and locations of detained individuals, accessible only to public defender organizations.

  • Requires removal and destruction of all registry data upon issuance of appearance tickets, summonses, or arraignment of any person entered into the registry.

  • Creates an evidentiary presumption in habeas corpus proceedings that pre-arraignment detention exceeding twenty-four hours is unnecessary and unlawful, requiring the government to rebut this presumption with clear and convincing evidence.

  • Takes effect immediately upon enactment.

Legislative Description

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

Last Action

print number 10884a

8/17/2020

Committee Referrals

Codes7/24/2020

Full Bill Text

No bill text available