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NY A11171

Bill

Status

Introduced

12/4/2020

Primary Sponsor

Daniel O'Donnell

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Requires search warrants based on no-knock entry grounds to be executed only between 9:00 A.M. and 6:00 P.M. unless reasonable cause exists that the suspect will flee, commit another crime, or endanger officer safety, with written court findings required.

  • Mandates officers executing search warrants to present evidence or surveillance from within 24 hours verifying the suspect is present, wear official uniforms with visible name badges, and wait minimum 30 seconds for occupants to respond before entering except in verifiable exigent circumstances.

  • Prohibits use of flash-bang or stun devices during warrant execution unless verifiable exigent circumstances exist and requires comprehensive reporting to courts including officer information, suspect demographics, use of force, property damage, and execution results.

  • Establishes that search warrants become null and void if not executed within seven days of issuance and entitles property owners to monetary restitution from the state or municipality for damage unless the owner is convicted of crimes related to the seized property.

  • Directs the Division of Criminal Justice Services to establish a statewide system recording and monitoring search warrant issuance and execution, with annual public reporting, and requires courts to provide annual educational programs for judges on search and seizure law.

Legislative Description

Relates 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; authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

Last Action

referred to codes

12/4/2020

Committee Referrals

Codes12/4/2020

Full Bill Text

No bill text available