[ ] is old law to be omitted.
LBD17655-01-0
A. 11171 2
BETWEEN THE HOURS OF 6:00 P.M. AND 9:00 A.M., IN WHICH EVENT THE REQUEST
MUST CONTAIN FACTS TO SUPPORT SUCH APPLICATION, AND THE COURT MUST MAKE
A FINDING IN WRITING OR ORALLY ON THE RECORD OR IN WRITING UPON THE
APPLICATION ITSELF SETTING FORTH THE FACTUAL BASIS FOR THE ISSUANCE OF
THE WARRANT PURSUANT TO THIS SUBDIVISION.
§ 3. Subdivision 1 and paragraph (b) of subdivision 4 of section
690.35 of the criminal procedure law, subdivision 1 as amended by chap-
ter 679 of the laws of 1982, and paragraph (b) of subdivision 4 as
amended by chapter 424 of the laws of 1998, are amended to read as
follows:
1. An application for a search warrant may be in writing or oral. If
in writing, it must be made, subscribed and sworn to by a public servant
specified in subdivision one of section 690.05 OF THIS ARTICLE. If
oral, it must be made by such a public servant and sworn to and recorded
in the manner provided in section 690.36 OF THIS ARTICLE. AN APPLICA-
TION FOR A SEARCH WARRANT BASED EITHER IN WHOLE OR IN PART ON PARAGRAPH
(B) OF SUBDIVISION FOUR OF THIS SECTION, MUST BE MADE TO A COURT BETWEEN
THE HOURS OF 6:00 A.M. AND 9:00 P.M. UNLESS CIRCUMSTANCES REASONABLY
REQUIRE THAT SUCH APPLICATION BE MADE AT ANOTHER TIME, IN WHICH EVENT
SUCH CIRCUMSTANCES SHALL BE STATED IN THE APPLICATION FOR THE WARRANT.
(b) A request that the search warrant authorize the executing police
officer to enter premises to be searched without giving notice of his
authority and purpose, upon the ground that there is reasonable cause to
believe that (i) [the property sought may be easily and quickly
destroyed or disposed of, or (ii)] the giving of such notice may endan-
ger the life or safety of the executing officer or another person, or
[(iii)] (II) in the case of an application for a search warrant as
defined in paragraph (b) of subdivision two of section 690.05 for the
purpose of searching for and arresting a person who is the subject of a
warrant for a felony, the person sought is likely to commit another
felony, or may endanger the life or safety of the executing officer or
another person. IN ORDER FOR A REQUEST THAT A SEARCH WARRANT AUTHORIZES
THE EXECUTING POLICE OFFICER TO ENTER PREMISES TO BE SEARCHED WITHOUT
GIVING NOTICE OF HIS AUTHORITY AND PURPOSE BE GRANTED, SUCH REQUEST
SHALL SHOW THAT EXTREME CIRCUMSTANCES ARE INVOLVED, WHICH FOR PURPOSES
OF THIS ARTICLE ARE THE INVESTIGATION AND/OR PURSUING OF SUSPECTED
OFFENSES OR OFFENDERS THAT INVOLVE MURDER, AN ACTIVE-SHOOTER, HOSTAGE-
TAKING, KIDNAPPING, TERRORISM, HUMAN TRAFFICKING OR WHERE A SITUATION
INVOLVES AN INDIVIDUAL WHO HAS BARRICADED HIMSELF IN A SPECIFIC AREA AND
HAS A VIOLENT HISTORY.
§ 4. Section 690.35 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
5. WHEN MAKING AN APPLICATION BASED EITHER IN WHOLE OR IN PART ON
PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION, IN ADDITION TO THE
OTHER REQUIREMENTS FOR AN APPLICATION FOR A SEARCH WARRANT, THE APPLI-
CANT MUST ASCERTAIN, TO THE EXTENT REASONABLY POSSIBLE, WHETHER ANY
PARTIES OTHER THAN ANY SUBJECT OF THE SEARCH WARRANT SHALL BE PRESENT
WHEN THE WARRANT IS EXECUTED, AND IF SO, THE APPLICATION SHALL INCLUDE A
LIST CONTAINING THE ESTIMATED AGE, GENDER, AND PHYSICAL CONDITION OF
EACH ADDITIONAL OCCUPANT, ANY KNOWN INDIVIDUALS WITH COGNITIVE AND/OR
PHYSICAL DISABILITIES, AND ANY PETS KNOWN OR LIKELY TO BE PRESENT AT THE
PREMISES TO BE SEARCHED, AND REASONABLE ALTERNATIVES TO EXECUTING SUCH
WARRANT IN THE PRESENCE OF SUCH INDIVIDUALS. THE RESULTS OF SUCH INVES-
TIGATION SHALL BE INCLUDED IN THE APPLICATION AND CONFORM WITH THE
REQUIREMENTS OF PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
A. 11171 3
§ 5. Subdivision 1 of section 690.40 of the criminal procedure law is
amended to read as follows:
1. (A) In determining an application for a search warrant the court
may examine, under oath, any person whom it believes may possess perti-
nent information. Any such examination must be either recorded or
summarized on the record by the court.
(B) IN DETERMINING AN APPLICATION FOR A SEARCH WARRANT BASED, EITHER
IN WHOLE OR IN PART, UPON THE GROUNDS DESCRIBED IN PARAGRAPH (B) OF
SUBDIVISION FOUR OF SECTION 690.35 OF THIS ARTICLE, THE COURT SHALL
STATE, WITH SPECIFICITY, IN WRITING OR ORALLY ON THE RECORD OR IN WRIT-
ING UPON THE APPLICATION FOR THE WARRANT ITSELF, THE FACTUAL BASIS FOR
THE ISSUANCE OF THE WARRANT PURSUANT TO SUCH PARAGRAPH. SUCH DETERMI-
NATION SHALL INCLUDE EVIDENCE STATING WHY A WARRANT THAT REQUIRES AN
OFFICER TO KNOCK AND ANNOUNCE HIS OR HER PRESENCE SHALL NOT BE ISSUED.
§ 6. Subdivision 6 of section 690.45 of the criminal procedure law, as
renumbered by chapter 679 of the laws of 1982, is amended and a new
subdivision 8-a is added to read as follows:
6. A direction that the warrant be executed between the hours of 6:00
A.M. and 9:00 P.M., or, where the court has specially so determined, an
authorization for execution thereof at any time of the day or night
UNLESS THE WARRANT HAS BEEN OBTAINED BASED ON AN APPLICATION BASED IN
WHOLE OR IN PART ON PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 690.35
OF THIS ARTICLE, IN WHICH EVENT THE PROVISIONS OF SUBDIVISION TWO OF
SECTION 690.30 OF THIS ARTICLE RELATING TO THE TIME FOR EXECUTING SUCH
WARRANTS SHALL APPLY; and
8-A. AN INTENDED COURSE OF ACTION IF NO RESPONSE IS RECEIVED FROM THE
INTENDED SUSPECT OF THE WARRANT AT THE TIME OF EXECUTION WITHIN THIRTY
SECONDS; AND
§ 7. Section 690.50 of the criminal procedure law is amended by adding
five new subdivisions 7, 8, 9, 10 and 11 to read as follows:
7. UPON SEIZING PROPERTY OR ARRESTING A PERSON PURSUANT TO A SEARCH
WARRANT ISSUED UNDER THIS ARTICLE, IN ADDITION TO THE REQUIREMENTS OF
SUBDIVISIONS FIVE AND SIX OF THIS SECTION, THE POLICE OFFICER SHALL FILE
A REPORT WITH THE COURT THAT ISSUED SUCH WARRANT IN A FORM PRESCRIBED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION EIGHT
HUNDRED THIRTY-SEVEN-W OF THE EXECUTIVE LAW, SPECIFYING THE FOLLOWING
INFORMATION:
(A) IF APPLICABLE, THE SUBPARAGRAPH OF PARAGRAPH (B) OF SUBDIVISION
FOUR OF SECTION 690.35 OF THIS ARTICLE UPON WHICH SUCH WARRANT WAS
BASED;
(B) THE OFFICER AND AGENCY WHICH OBTAINED THE WARRANT;
(C) THE PROSECUTOR AND PROSECUTING OFFICE WHICH DRAFTED THE WARRANT;
(D) WHETHER THE FACTS CONTAINED IN THE SUPPORTING AFFIDAVIT WERE BASED
UPON A CONFIDENTIAL INFORMANT, OR AN IDENTIFIED CITIZEN INFORMANT OR A
POLICE OFFICER, NONE OF WHOM MUST BE NAMED;
(E) THE DATE AND TIME THE SEARCH WARRANT WAS APPLIED FOR AND THE DATE
AND TIME THE SEARCH WARRANT WAS SIGNED;
(F) THE DATE AND TIME THE SEARCH WARRANT WAS EXECUTED;
(G) THE JUDGE WHO SIGNED AND THE COURT THAT ISSUED THE WARRANT;
(H) WHETHER THE APPLICATION FOR THE WARRANT ISSUED HAD BEEN SUBMITTED
TO ANOTHER JUDGE OTHER THAN THE JUDGE WHO ISSUED THE WARRANT FOR WHICH
THE REPORT IS SUBMITTED AND IF SO, WHEN SUCH APPLICATION OR APPLICATIONS
WERE MADE AND THE RESULT OF EACH SUCH APPLICATION;
(I) THE AGE, SEX AND RACE OF THE INDIVIDUAL TO WHOM SUCH WARRANT WAS
DIRECTED;
A. 11171 4
(J) WHETHER PHYSICAL FORCE OR DEADLY FORCE WAS USED IN EXECUTING SUCH
WARRANT;
(K) IF PHYSICAL OR DEADLY FORCE WAS USED:
(I) WHETHER ANY INDIVIDUAL WAS INJURED OR KILLED AND IF SO, THE AGE,
SEX AND RACE OF EACH SUCH PERSON; AND
(II) THE STATUS OF EACH SUCH PERSON, SPECIFYING WHETHER EACH WAS THE
SUBJECT OF THE SEARCH WARRANT, A POLICE OFFICER, OR A THIRD-PARTY;
(L) THE ADDRESS WHERE THE WARRANT WAS EXECUTED INCLUDING THE STREET
ADDRESS, CITY OR TOWN, COUNTY AND ZIP CODE;
(M) THE RESULT OF EXECUTING THE WARRANT, SPECIFYING WHETHER:
(I) EVIDENCE WAS SEIZED; AND
(II) ANY INDIVIDUALS WERE ARRESTED, AND IF SO, WHETHER THE SUBJECT OF
THE WARRANT WAS ARRESTED OR OTHER INDIVIDUALS NOT NAMED IN THE WARRANT
WERE ARRESTED; AND
(N) WHETHER ANY PROPERTY WAS DAMAGED DURING THE COURSE OF EXECUTING
THE WARRANT AND A DESCRIPTION THEREOF.
8. SEARCH WARRANTS NOT EXECUTED WITHIN SEVEN DAYS OF ISSUANCE SHALL BE
CONSIDERED NULL AND VOID.
9. AN OFFICER SHALL BE REQUIRED TO PRESENT EVIDENCE AND/OR SURVEIL-
LANCE GATHERED WITHIN TWENTY-FOUR HOURS OR LESS BEFORE A WARRANT IS
EXECUTED WHICH VERIFIES THAT THE SUSPECT OF SUCH WARRANT IS PRESENT AT
THE RESIDENCE INTENDED TO BE SEARCHED.
10. ANY OFFICER OR OFFICERS WHO ARE EXECUTING A SEARCH WARRANT SHALL
BE REQUIRED TO BE IN OFFICIAL UNIFORM AND BE CLEARLY RECOGNIZABLE AND
IDENTIFIABLE AS A POLICE OFFICER. ALL OFFICERS INVOLVED IN THE EXECUTION
OF A SEARCH WARRANT SHALL WEAR VISIBLE BADGES CONTAINING NAMES AND IDEN-
TIFICATION NUMBERS.
11. (A) ANY OFFICER OR OFFICERS WHO ARE EXECUTING A SEARCH WARRANT
SHALL ALLOW A MINIMUM OF THIRTY SECONDS FOR THE OCCUPANTS OF THE PROPER-
TY BEING SEARCHED TO RESPOND AND OPEN THE DOOR BEFORE SUCH OFFICER OR
OFFICERS ATTEMPT TO ENTER THE PROPERTY, EXCEPT FOR SITUATIONS WHERE
VERIFIABLE, EXIGENT CIRCUMSTANCES EXIST. FOR PURPOSES OF THIS SECTION,
"VERIFIABLE, EXIGENT CIRCUMSTANCES" MEANS ANY EVENT OCCURRING IN REAL-
TIME THAT IS LIFE-THREATENING TO THE OFFICER OR OFFICERS EXECUTING A
SEARCH WARRANT OR TO THE OCCUPANTS OF THE PROPERTY WHICH IS BEING
SEARCHED.
(B) NO OFFICER INVOLVED IN THE EXECUTION OF A SEARCH WARRANT SHALL AT
ANY POINT DURING SUCH EXECUTION USE ANY FLASH BANG, STUN, DISTRACTION OR
OTHER SIMILAR DEVICE UNLESS VERIFIABLE, EXIGENT CIRCUMSTANCES EXIST.
(C) NO OFFICER INVOLVED IN THE EXECUTION OF A SEARCH WARRANT SHALL
EXECUTE A WARRANT OUTSIDE OF WHEN SUCH WARRANT IS ALLOWED TO BE EXECUTED
UNDER THIS ARTICLE UNLESS VERIFIABLE, EXIGENT CIRCUMSTANCES EXIST.
§ 8. Section 690.55 of the criminal procedure law, paragraph (b) of
subdivision 1 as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
§ 690.55 Search warrants; disposition of seized property.
1. Upon receiving property seized pursuant to a search warrant, the
court [must] SHALL either:
(a) Retain it in the custody of the court pending further disposition
thereof pursuant to subdivision two or some other provision of law; or
(b) Direct that it be held in the custody of the person who applied
for the warrant, or of the police officer who executed it, or of the
governmental or official agency or department by which either such
public servant is employed, upon condition that upon order of such court
such property be returned thereto or delivered to another court.
A. 11171 5
2. A local criminal court which retains custody of such property
[must] SHALL, upon request of another criminal court in which a criminal
action involving or relating to such property is pending, cause it to be
delivered thereto.
3. WHERE THE ARRESTEE CONNECTED TO THE SEIZURE IS NOT CONVICTED OF ANY
CRIMES CONNECTED TO THE SEIZURE, ALL SEIZED PROPERTY CONNECTED TO THE
ARRESTEE'S ARREST SHALL BE IMMEDIATELY RETURNED TO THE ARRESTEE UPON THE
ARRESTEE NO LONGER BEING CHARGED WITH A CRIME CONNECTED TO THE SEIZURE.
§ 9. The criminal procedure law is amended by adding two new sections
690.60 and 690.65 to read as follows:
§ 690.60 SEARCH WARRANTS; MONETARY RESTITUTION.
1. FOLLOWING THE EXECUTION OF A SEARCH WARRANT ISSUED PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 690.35 OF THIS ARTICLE, THE
OWNER OF THE PLACE OR PREMISES AT WHICH SUCH WARRANT WAS EXECUTED AND
THE OWNER OF ANY PROPERTY LOCATED AT SUCH PREMISES SHALL BE ENTITLED TO
MONETARY RESTITUTION, PAID PROMPTLY BY THE STATE OR MUNICIPALITY EMPLOY-
ING THE OFFICIALS WHO EXECUTED THE WARRANT, FOR A PREMISES, OR ANY PART
THEREOF, AND ANY ITEMS OF PROPERTY AT SUCH PREMISES THAT WERE DAMAGED OR
DESTROYED AS A PART OF THE EXECUTION OF SUCH WARRANT UPON SUCH PREMISES,
UNLESS SUCH OWNER OF SUCH PREMISES OR PROPERTY IS:
(A) CONVICTED OF A CRIME INVOLVING OR RELATING TO PROPERTY SEIZED
PURSUANT TO SUCH WARRANT; OR
(B) CONVICTED OF A CRIME INVOLVING OR RELATING TO THE SEARCH WARRANT
FOR SUCH PREMISES ISSUED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION 690.05 OF THIS ARTICLE.
2. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AFFECTING ANY OTHER
RIGHT, DUTY OR CAUSE OF ACTION THAT MAY EXIST WITH RESPECT TO ANY PREM-
ISES, OR PART THEREOF, OR ANY PROPERTY THAT MAY BE DAMAGED OR DESTROYED
AS A RESULT OF ANY SUCH ARREST OR SEARCH.
§ 690.65 SEARCH WARRANTS; VIOLATIONS.
WHERE A SEARCH WARRANT IS EXECUTED IN VIOLATION OF THIS ARTICLE:
1. ANY EVIDENCE OBTAINED IN CONNECTION WITH THE SEARCH WARRANT SHALL
BE INADMISSIBLE IN EVIDENCE BY THE PROSECUTION; AND
2. ANY OFFICER INVOLVED IN THE EXECUTION OF SUCH SEARCH WARRANT SHALL
BE SUBJECT TO DISCIPLINARY ACTIONS INCLUDING, BUT NOT LIMITED TO, FINES,
SUSPENSION OR TERMINATION.
§ 10. The executive law is amended by adding a new section 837-w to
read as follows:
§ 837-W. ESTABLISH A FORM AND SYSTEM TO RECORD AND MONITOR THE ISSU-
ANCE AND EXECUTION OF SEARCH WARRANTS. 1. THE COMMISSIONER SHALL
PRESCRIBE THE FORM OF DOCUMENT TO BE USED BY EVERY LAW ENFORCEMENT AGEN-
CY OF THE STATE AND OF EACH MUNICIPALITY, CITY, TOWN AND VILLAGE TO
ACCOMPANY A REPORT TO BE PREPARED IN ACCORDANCE WITH SUBDIVISION SEVEN
OF SECTION 690.50 OF THE CRIMINAL PROCEDURE LAW.
2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM TO RECORD AND MONITOR THE
ISSUANCE AND EXECUTION OF SEARCH WARRANTS BY EVERY LAW ENFORCEMENT AGEN-
CY IN THE STATE OF NEW YORK. EVERY COURT THAT ISSUES SEARCH WARRANTS
SHALL FILE ON OR BEFORE THE THIRTY-FIRST DAY OF DECEMBER OF EACH YEAR
WITH THE COMMISSIONER, A COPY OF EACH FORM FILED WITH SUCH COURT AND
PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION, RETAINING THE ORIGINAL
COPY OF SUCH FORM WITH THE COURT. THE COMMISSIONER SHALL COLLECT, PROC-
ESS AND ANALYZE SUCH INFORMATION CONTAINED IN SUCH REPORTS, AND ISSUE A
REPORT BY THE THIRTIETH DAY OF JUNE OF EACH YEAR WHICH SHALL BE MADE
PUBLIC AND A COPY OF WHICH SHALL BE SENT TO THE OFFICE OF COURT ADMINIS-
TRATION, EACH LAW ENFORCEMENT AGENCY, EACH CIVIL COMPLAINT REVIEW BOARD
A. 11171 6
WITH JURISDICTION OVER A POLICE OR LAW ENFORCEMENT AGENCY, AND TO THE
ATTORNEY GENERAL OF THE STATE OF NEW YORK.
§ 11. Section 212 of the judiciary law is amended by adding a new
subdivision 3 to read as follows:
3. THE CHIEF ADMINISTRATOR SHALL ALSO FORMULATE, ESTABLISH AND MAIN-
TAIN EDUCATIONAL PROGRAMS, SEMINARS AND INSTITUTES FOR THE JUDICIAL
PERSONNEL OF THE UNIFIED COURT SYSTEM, TO BE SCHEDULED ON AN ANNUAL
BASIS, OR IF THE CIRCUMSTANCES WARRANT, MORE FREQUENTLY, ON THE LAW OF
SEARCHES, ARRESTS AND SEIZURES UNDER THE LAWS OF THE STATE OF NEW YORK,
WITH EMPHASIS ON THE APPROPRIATE STANDARDS FOR THE ISSUANCE OF ALL
WARRANTS AUTHORIZED UNDER THE CRIMINAL PROCEDURE LAW.
§ 12. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.