Senate Bill S2658

2017-2018 Legislative Session

Relates to the execution of a warrant of arrest and establishes educational programs for judicial personnel on the law of searches, arrests and seizures

download bill text pdf

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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

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2017-S2658 (ACTIVE) - Details

See Assembly Version of this Bill:
A7040
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§690.30, 690.35, 690.40, 690.45 & 690.50, add §690.60, CP L; add §837-t, Exec L; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2594, A1508
2011-2012: S3606, A2196
2013-2014: S1278, A2935
2015-2016: S4354, A4012
2019-2020: S8517, A10605

2017-S2658 (ACTIVE) - Summary

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

2017-S2658 (ACTIVE) - Sponsor Memo

2017-S2658 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2658
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- 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 the execution
   of a warrant of arrest; to amend the executive  law,  in  relation  to
   authorizing  the  commissioner  of  the  division  of criminal justice
   services to establish a system to record and monitor the issuance  and
   execution  of  search  warrants;  and  to  amend the judiciary law, in
   relation to authorizing the chief administrator  to  establish  educa-
   tional programs for judicial personnel on the law of searches, arrests
   and seizures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 690.30 of the  criminal  procedure
 law is amended to read as follows:
   2.    A  search  warrant may be executed on any day of the week.  [It]
 EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, A SEARCH  WARRANT  may
 be  executed  only  between the hours of 6:00 A.M. and 9:00 P.M., unless
 the warrant expressly authorizes execution thereof at any  time  of  the
 day or night, as provided in subdivision [five] SIX of section 690.45 OF
 THIS  ARTICLE.    NOTWITHSTANDING  PARAGRAPH  (A) OF SUBDIVISION FOUR OF
 SECTION 690.35 OF THIS ARTICLE, A SEARCH WARRANT BASED IN  WHOLE  OR  IN
 PART  ON  THE  GROUNDS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION FOUR OF
 SECTION 690.35 OF THIS ARTICLE MAY BE EXECUTED ONLY BETWEEN THE HOURS OF
 9:00 A.M. AND 6:00 P.M. UNLESS THERE IS REASONABLE CAUSE TO BELIEVE THAT
 IT CANNOT BE EXECUTED BETWEEN  THOSE  HOURS  BECAUSE  (I)  THE  PROPERTY
 SOUGHT SHALL BE REMOVED OR DESTROYED IF NOT SEIZED FORTHWITH, OR (II) IN
 THE  CASE OF AN APPLICATION FOR A SEARCH WARRANT AS DEFINED IN PARAGRAPH
 (B) OF SUBDIVISION TWO OF SECTION 690.05 OF  THIS  ARTICLE,  THE  PERSON
 SOUGHT  IS  LIKELY  TO FLEE OR COMMIT ANOTHER CRIME, OR MAY ENDANGER THE
 SAFETY OF THE EXECUTING POLICE OFFICERS OR ANOTHER PERSON IF NOT  SEIZED
 FORTHWITH  OR  BETWEEN  THE  HOURS  OF 6:00 P.M. AND 9:00 A.M., IN WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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