Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 18, 2011 |
referred to codes |
Senate Bill S2299
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S2299 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §170.70, CP L
- Versions Introduced in 2009-2010 Legislative Session:
-
S164
2011-S2299 (ACTIVE) - Summary
Limits the period of time for which a defendant against whom a misdemeanor complaint is pending in a local criminal court may be held in custody by requiring his or her release if a misdemeanor complaint has not been replaced by a misdemeanor information within 120-144 hours of arrest.
2011-S2299 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2299 TITLE OF BILL: An act to amend the criminal procedure law, in relation to misdemeanor complaints SUMMARY: The proposed amendments to CPL §170.70 would make the statute parallel to its counterpart, Section 180.80. The changes would require the release from jail of any defendant charged with misdemeanors when the misdemeanor complaint has not been replaced with a legally sufficient misdemeanor information within 120 or 144 hours of the defendant's arrest. The changes proposed in the bill are to commence the time period defined in the statute with the arrest rather than the arraignment and to measure the time period in hours, not days. JUSTIFICATION: There is no rational basis for measuring the applicable time limits for Sections 180.80 and 170.70 differently. The Legislature amended Section 180.80 in 1981, the point at which time started to run was changed from the time of arraignment to the time of arrest. No similar alteration was made for Section 170.70, apparently because of a simple oversight. There is certainly no legislative history which Supports a distinction between how these
2011-S2299 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2299 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to misdemeanor complaints THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of section 170.70 of the criminal procedure law is amended to read as follows: Upon application of a defendant against whom a misdemeanor complaint is pending in a local criminal court, and who, [either at the time of his arraignment thereon or subsequent thereto, has been committed to the custody of the sheriff] SINCE THE TIME OF HIS ARREST OR SUBSEQUENT THER- ETO, HAS BEEN HELD IN CUSTODY pending disposition of the action, and who has been confined in such custody for a period of more than [five days, not including Sunday] ONE HUNDRED TWENTY HOURS, OR IN THE EVENT THAT A SATURDAY, SUNDAY OR LEGAL HOLIDAY OCCURS DURING SUCH CUSTODY, ONE HUNDRED FORTY-FOUR HOURS, without any information having been filed in replacement of such misdemeanor complaint, the criminal court must release the defendant on his own recognizance unless: S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07441-01-1
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