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NY S00449
Bill
Status
3/29/2023
Primary Sponsor
Michael Gianaris
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AI Summary
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Amends Criminal Procedure Law Section 140.20 to define "without unnecessary delay" as promptly and within 24 hours from the moment a person is taken into custody, with immediate release required if government agencies fail to meet this requirement.
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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 persons taken into custody, with information entered at the moment of custody and removed upon release or arraignment.
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Limits registry access to authorized users employed by defender organizations contracted to represent criminal defendants, with annual audits required to remove users no longer employed by such organizations.
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Restricts registry administration solely to the New York Police Department with prohibitions on sharing registry information with non-local law enforcement, non-local government employees, or private individuals, except by defender organizations for client representation.
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Creates an evidentiary presumption in habeas corpus proceedings that detention exceeding 24 hours without arraignment was unlawful, rebuttable only by clear and convincing evidence of compelling facts demonstrating the delay was unavoidable and necessary.
Legislative Description
Relates to detaining persons for longer than twenty-four hours.
Last Action
referred to codes
2/13/2024