NY State Senate Bill 2019-S8707A

Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2020	referred to codes delivered to assembly passed senate
Jul 21, 2020	ordered to third reading cal.868
Jul 20, 2020	reported and committed to rules
Jul 16, 2020	print number 8707a
Jul 16, 2020	amend and recommit to codes
Jul 13, 2020	committee discharged and committed to codes
Jul 09, 2020	referred to rules

Votes

- Jul 22, 2020 - Floor Vote
  S8707A
  
  39
  
  Aye
  
  21
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 22, 2020
      
      aye (39)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (21)
      
      Akshar
      
      Amedore
      
      Borrello
      
      Boyle
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      Martinez
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Jul 21, 2020 - Rules Committee Vote
  S8707A
  
  11
  
  Aye
  
  1
  
  Nay
  
  7
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 21, 2020
      
      aye (11)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (1)
      
      Ortt
      
      aye wr (7)
      
      Griffo
      
      LaValle
      
      Lanza
      
      Little
      
      Martinez
      
      Robach
      
      Seward

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S8707 - Details

See Assembly Version of this Bill:: A10884
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §140.20, add Art 3 §3.10, CP L; amd §7009, CPLR
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1184, A5264
2023-2024: S449

2019-S8707 - Summary

Relates to detaining persons for longer than twenty-four hours.

2019-S8707 - Sponsor Memo

                                
 
BILL NUMBER: S8707

SPONSOR: GIANARIS
 
TITLE OF BILL:

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

 
PURPOSE:

This act shall ensure one's pre-arraignment detention does not exceed 24
hours without individualized explanations for why such a delay in
release was necessary, and requires municipalities with a population of
over 1 million to establish and maintain a detainee lookup registry for
authorized users.

 
SUMMARY OF PROVISIONS:

Section one amends Section 140.20 of the criminal procedure law to add a
new subdivision 9 which defines an "unnecessary delay" as it relates to

pre-arraignment detention as one before twenty-four hours or less have
expired.

Section two adds a new article 3 to the criminal procedure law which
requires municipalities with a population of one million or more create
and maintain a detained persons registry, the contents of which can
permit authorized users to locate detainees. Authorized users are
defined to consist of defender organizations contracted with munici-
palities to represent criminal defendants.

Section three amends section 7009 of the civil practice law and rules by
adding a new subdivision (f) which presumes that any pre-arraignment
detention exceeding 24-hours is unnecessary and unlawful, unless clear
and convincing evidence is provided to demonstrate that a delay was
necessary for each an individual petitioner named in the writ.

Section four sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

In June 2020, hundreds of people in New York City alone were detained
for over 24 hours without being brought before a judge after being
arrested in a series of protests in light of the murder of George Floyd
and the Black Lives Matter movement. When public defenders petitioned
for their releases, New York City Criminal Court Judge Burke ruled the
State was permitted to hold detainees for more than 24 hours due to "a
civil unrest crisis within the overarching Covid-19 crisis." As a
result, people accused of committing crimes were forced into cramped
quarters indefinitely, posing an unnecessary risk to their health. The
protections in this bill would prevent New Yorkers from experiencing
unlawfully lengthy detention in the future, unless acceptable individ-
ualized reasons for the delay are provided.

This bill will codify a Court of Appeals ruling regarding pre-arraign-
ment detention, and include some additional protections.  In 1991, the
New York Court of Appeals decision in Roundtree v. New York set a
24-hour rule for pre-arraignment detention. The Court reasoned that
preliminary police duties which must be completed pre-arraignment can
easily be accomplished within 24 hours, unless an acceptable reason for
the delay is provided. Specifically, this bill would establish that any
pre-arraignment detention exceeding 24 hours from arrest to arraignment
constitutes an "unnecessary delay" under the law, until and unless the
presumption is rebutted by clear and convincing evidence that such a
delay was actually necessary for each individual petitioner identified
in a writ of habeas corpus. To further ensure that these provisions are
met and that defense attorneys have access to those who might require
assistance with pre-arraignment issues, this bill would also require
municipalities with a population of one million or greater to establish
and maintain a searchable online registry to locate detainees.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8707 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8707
 
                             I N  S E N A T E
 
                               July 9, 2020
                                ___________
 
 Introduced  by  Sens.  GIANARIS, BAILEY, HOYLMAN, JACKSON, KRUEGER, LIU,
   SALAZAR -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Rules
 
 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.
   MUNICIPALITIES WITH A POPULATION OF ONE MILLION OR MORE  SHALL  ESTAB-
 LISH 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
 BEEN ISSUED BY AN AGENCY RESPONSIBLE FOR ISSUING ONE.  UPON THE ISSUANCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16815-03-0

 S. 8707                             2
 
 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 MUNICIPALITIES 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.

co-Sponsors

View additional co-sponsors

2019-S8707A (ACTIVE) - Details

See Assembly Version of this Bill:: A10884
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §140.20, add Art 3 §3.10, CP L; amd §7009, CPLR
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1184, A5264
2023-2024: S449

2019-S8707A (ACTIVE) - Summary

Relates to detaining persons for longer than twenty-four hours.

2019-S8707A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8707A

SPONSOR: GIANARIS
 
TITLE OF BILL:

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

 
PURPOSE:

This act shall ensure one's pre-arraignment detention does not exceed 24
hours without individualized explanations for why such a delay in
release was necessary, and requires cities with a population of over 1
million to establish and maintain a detainee lookup registry for author-
ized users.

 
SUMMARY OF PROVISIONS:

Section one amends Section 140.20 of the criminal procedure law to add a
new subdivision 9 which defines an "unnecessary delay" as it relates to

pre-arraignment detention as one before twenty-four hours or less have
expired.

Section two adds a new article 3 to the criminal procedure law which
requires cities with a population of one million or more create and
maintain a detained persons registry, the contents of which can permit
authorized users to locate detainees. Authorized users are defined to
consist of defender organizations contracted with cities to represent
criminal defendants.

Section three amends section 7009 of the civil practice law and rules by
adding a new subdivision (0 which presumes that any pre-arraignment
detention exceeding 24-hours is unnecessary and unlawful, unless clear
and convincing evidence is provided to demonstrate that a delay was
necessary for each an individual petitioner named in the writ.

Section four sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

In June 2020, hundreds of people in New York City alone were detained
for over 24 hours without being brought before a judge after being
arrested in a series of protests in light of the murder of George Floyd
and the Black Lives Matter movement. When public defenders petitioned
for their releases, New York City Criminal Court Judge Burke ruled the
State was permitted to hold detainees for more than 24 hours due to "a
civil unrest crisis within the overarching Covid-19 crisis." As a
result, people accused of committing crimes were forced into cramped
quarters indefinitely, posing an unnecessary risk to their health. The
protections in this bill would prevent New Yorkers from experiencing
unlawfully lengthy detention in the future, unless acceptable individ-
ualized reasons for the delay are provided.

This bill will codify a Court of Appeals ruling regarding pre-arraign-
ment detention, and include some additional protections.  In 1991, the
New York Court of Appeals decision in Roundtree v. New York set a
24-hour rule for pre-arraignment detention. The Court reasoned that
preliminary police duties which must be completed pre-arraignment can
easily be accomplished within 24 hours, unless an acceptable reason for
the delay is provided. Specifically, this bill would establish that any
pre-arraignment detention exceeding 24 hours from arrest to arraignment
constitutes an "unnecessary delay" under the law, until and unless the
presumption is rebutted by clear and convincing evidence that such a
delay was actually necessary for each individual petitioner identified
in a writ of habeas corpus. To further ensure that these provisions are
met and that defense attorneys have access to those who might require
assistance with pre-arraignment issues, this bill would also require
cities with a population of one million or greater to establish and
maintain a searchable online registry to locate detainees.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8707A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8707--A
 
                             I N  S E N A T E
 
                               July 9, 2020
                                ___________
 
 Introduced by Sens. GIANARIS, BAILEY, CARLUCCI, HOYLMAN, JACKSON, KRUEG-
   ER,  LIU,  SALAZAR -- read twice and ordered printed, and when printed
   to be committed to the Committee on Rules -- committee discharged  and
   said bill committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16815-04-0

 S. 8707--A                          2
 
 COURT FOR ARRAIGNMENT  WITHIN  TWENTY-FOUR  HOURS  PURSUANT  TO  SECTION
 140.20 OF THIS CHAPTER OR WHERE NO ARREST NUMBER OR OTHER IDENTIFIER HAS
 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.

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Senate Bill S8707A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jul 22, 2020 - Floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Rules Committee Vote

Rules Committee Vote: Jul 21, 2020

Bill Amendments

co-Sponsors

2019-S8707 - Details

2019-S8707 - Summary

2019-S8707 - Sponsor Memo

2019-S8707 - Bill Text download pdf

co-Sponsors

2019-S8707A (ACTIVE) - Details

2019-S8707A (ACTIVE) - Summary

2019-S8707A (ACTIVE) - Sponsor Memo

2019-S8707A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8707A

Share this bill

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2019-S8707 - Details

2019-S8707 - Summary

2019-S8707 - Sponsor Memo

2019-S8707 - Bill Text download pdf

co-Sponsors

2019-S8707A (ACTIVE) - Details

2019-S8707A (ACTIVE) - Summary

2019-S8707A (ACTIVE) - Sponsor Memo

2019-S8707A (ACTIVE) - Bill Text download pdf

Comments