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NY S00449

Bill

Status

Engrossed

3/29/2023

Primary Sponsor

Michael Gianaris

Click for details

Origin

Senate

2023-2024 General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Codes2/13/2024
Codes1/3/2024
Codes3/30/2023
Codes1/4/2023

Full Bill Text

No bill text available