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NY A10884
Bill
Status
7/24/2020
Primary Sponsor
Diane Richardson
Click for details
AI Summary
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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.
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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.
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Requires removal and destruction of all registry data upon issuance of appearance tickets, summonses, or arraignment of any person entered into the registry.
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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.
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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