S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10884--A
 
                           I N  A S S E M B L Y
 
                               July 24, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Richardson)
   -- read once and referred to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the criminal procedure law and the civil practice law
   and rules, in relation to detaining persons for  longer  than  twenty-
   four hours

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 140.20 of the criminal procedure law is amended  by
 adding a new subdivision 9 to read as follows:
   9. FOR PURPOSES OF THIS SECTION, "UNNECESSARY DELAY" SHALL MEAN BEFORE
 TWENTY-FOUR  HOURS  OR  LESS HAVE EXPIRED, COMMENCING AT THE TIME OF THE
 PERSON BEING TAKEN INTO CUSTODY BY SUCH POLICE OFFICER,  OR  ANY  PERSON
 ACTING  ON  BEHALF  OF  A POLICE OFFICER, EVEN WHEN NO ARREST NUMBER HAS
 BEEN ISSUED. THE FAILURE  OR  INABILITY  OF  ANY  GOVERNMENT  AGENCY  TO
 FULFILL  THE  REQUIREMENTS  OF  THIS SECTION SHALL REQUIRE THE IMMEDIATE
 RELEASE FROM CUSTODY OF ANY PERSON SO  HELD,  UPON  APPLICATION  BY  THE
 DETAINEE OR THEIR COUNSEL.
   §  2.  The criminal procedure law is amended by adding a new article 3
 to read as follows:
                                 ARTICLE 3
                         DETAINED PERSONS REGISTRY
 SECTION 3.10 DETAINED PERSONS REGISTRY.
 § 3.10 DETAINED PERSONS REGISTRY.
   CITIES WITH A POPULATION OF ONE MILLION OR MORE  SHALL  ESTABLISH  AND
 MAINTAIN  A  SEARCHABLE  ONLINE REGISTRY, CONSISTING OF THE NAMES, AGES,
 AND LOCATIONS OF PERSONS DETAINED BY A  POLICE  DEPARTMENT,  WHICH  WILL
 PERMIT  AUTHORIZED  USERS  TO  LOCATE  PERSONS  DETAINED FOR ANY REASON,
 INCLUDING BUT NOT LIMITED TO THE INVESTIGATION OF POSSIBLE  WARRANTS  OR
 DETAINERS,  PROCESSING FOR THE POSSIBLE ISSUANCE OF A SUMMONS OR APPEAR-
 ANCE TICKET, IN ANTICIPATION OF BEING  PRESENTED  IN  A  LOCAL  CRIMINAL
 COURT  FOR  ARRAIGNMENT  WITHIN  TWENTY-FOUR  HOURS  PURSUANT TO SECTION
 140.20 OF THIS CHAPTER OR WHERE NO ARREST NUMBER OR OTHER IDENTIFIER HAS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16815-05-0

 A. 10884--A                         2
 
 BEEN ISSUED BY AN AGENCY RESPONSIBLE FOR ISSUING ONE.  UPON THE ISSUANCE
 OF ANY TYPE OF APPEARANCE TICKET, SUMMONS OR UPON THE ARRAIGNMENT OF ANY
 PERSON ENTERED INTO THIS REGISTRY, ANY  AND  ALL  DATA  RELATED  THERETO
 SHALL  BE  REMOVED FROM THE REGISTRY, DESTROYED AND RENDERED UNAVAILABLE
 TO ANY ENTITY FOR ANY PURPOSE.    FOR  THE  PURPOSES  OF  THIS  SECTION,
 AUTHORIZED  USERS  SHALL BE LIMITED TO DEFENDER ORGANIZATIONS CONTRACTED
 WITH CITIES TO REPRESENT CRIMINAL DEFENDANTS.
   § 3. Section 7009 of the civil practice law and rules  is  amended  by
 adding a new subdivision (f) to read as follows:
   (F)  PERSONS  DETAINED FOR LONGER THAN TWENTY-FOUR HOURS. FOR PURPOSES
 OF THIS ARTICLE, WHEN A WRIT OF HABEAS CORPUS IS HEARD  CHALLENGING  THE
 PRE-ARRAIGNMENT DETENTION OF A PERSON DETAINED FOR MORE THAN TWENTY-FOUR
 HOURS,  THERE SHALL BE AN EVIDENTIARY PRESUMPTION THAT SUCH DETENTION IS
 UNNECESSARY, AND UNLAWFUL AS DEFINED IN SECTION 140.20 OF  THE  CRIMINAL
 PROCEDURE  LAW,  UNTIL  AND UNLESS SUCH PRESUMPTION IS REBUTTED BY CLEAR
 AND CONVINCING EVIDENCE THAT SUCH A DELAY  WAS  ACTUALLY  NECESSARY  FOR
 EACH INDIVIDUAL PETITIONER IDENTIFIED IN THE WRIT.
   § 4. This act shall take effect immediately.