Assembly Bill A9186

2023-2024 Legislative Session

Provides for the return of any identification materials to an individual upon release from custody

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Sponsored By

Current Bill Status - Passed Senate & Assembly

  • 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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Bill Amendments

co-Sponsors

2023-A9186 - Details

See Senate Version of this Bill:
S5092
Law Section:
Correction Law
Laws Affected:
Amd §125, Cor L; add §837-x, Exec L

2023-A9186 - Summary

Provides for the return of any identification materials to an individual upon release from custody.

2023-A9186 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9186
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by M. of A. DILAN -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law and the executive law, in relation to
   providing for the return of any identification materials to  an  indi-
   vidual upon release from custody
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 125  of  the  correction  law,  as
 amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
 follows:
   1. The superintendent, or an employee covered by bond  who  is  desig-
 nated  by  the  superintendent, of each correctional facility shall take
 charge of all moneys and other articles which  may  be  brought  to  the
 facility  by  the incarcerated individuals, INCLUDING BUT NOT LIMITED TO
 ANY IDENTIFICATION, and shall  cause  the  same,  immediately  upon  the
 receipt thereof, to be entered among the receipts of the facility; which
 money  and  other articles, INCLUDING BUT NOT LIMITED TO ANY IDENTIFICA-
 TION MATERIALS, whenever the incarcerated individual from whom the  same
 was  received shall be discharged from the custody of the department, or
 the same shall be otherwise legally demanded, shall be returned  by  the
 said  superintendent  to  such  incarcerated  individual or other person
 legally entitled to the same, and vouchers shall be taken therefor.  The
 commissioner  shall  promulgate  rules  and  regulations  concerning the
 custody and transfer of such money and other articles, INCLUDING BUT NOT
 LIMITED TO ANY IDENTIFICATION  MATERIALS  in  cases  where  incarcerated
 individuals are transferred from one facility to another.
   §  2.  The  executive  law is amended by adding a new section 837-x to
 read as follows:
   § 837-X. RETURN OF IDENTIFICATION MATERIALS. 1. THE MEMBER OF A POLICE
 DEPARTMENT, COUNTY SHERIFF'S OFFICE,  THE  STATE  POLICE  OR  OTHER  LAW
 ENFORCEMENT  OFFICER  DESIGNATED  TO  RELEASE AN INDIVIDUAL FROM CUSTODY
 SHALL RETURN TO SUCH INDIVIDUAL ANY IDENTIFICATION MATERIALS SUCH  INDI-
 VIDUAL WAS IN POSSESSION OF WHEN TAKEN INTO CUSTODY.
   2.  AS  USED IN THIS SECTION, THE TERM "LAW ENFORCEMENT OFFICER" MEANS
 ANY PUBLIC SERVANT WHO IS AUTHORIZED TO CONDUCT AN INVESTIGATION, PROSE-
 CUTE OR MAKE AN ARREST FOR A CRIMINAL OFFENSE.
   § 3. This act shall take effect immediately.

co-Sponsors

2023-A9186A (ACTIVE) - Details

See Senate Version of this Bill:
S5092
Law Section:
Correction Law
Laws Affected:
Amd §125, Cor L; add §837-x, Exec L

2023-A9186A (ACTIVE) - Summary

Provides for the return of any identification materials to an individual upon release from custody.

2023-A9186A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9186--A
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by  M. of A. DILAN, DICKENS, TAYLOR, WALKER, DAVILA, ARDILA,
   HYNDMAN, LUCAS, McDONOUGH -- read once and referred to  the  Committee
   on Correction -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to  amend  the correction law, in relation to providing for the
   return of any identification materials to an individual  upon  release
   from custody
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 125  of  the  correction  law,  as
 amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
 follows:
   1. The superintendent, or an employee covered by bond  who  is  desig-
 nated  by  the  superintendent, of each correctional facility shall take
 charge of all moneys and other articles which  may  be  brought  to  the
 facility  by  the incarcerated individuals, INCLUDING BUT NOT LIMITED TO
 ANY IDENTIFICATION, and shall  cause  the  same,  immediately  upon  the
 receipt thereof, to be entered among the receipts of the facility; which
 money  and  other articles, INCLUDING BUT NOT LIMITED TO ANY IDENTIFICA-
 TION MATERIALS, whenever the incarcerated individual from whom the  same
 was  received shall be discharged from the custody of the department, or
 the same shall be otherwise legally demanded, shall be returned  by  the
 said  superintendent  to  such  incarcerated  individual or other person
 legally entitled to the same, and vouchers shall be taken therefor.  The
 commissioner  shall  promulgate  rules  and  regulations  concerning the
 custody and transfer of such money and other articles, INCLUDING BUT NOT
 LIMITED TO ANY IDENTIFICATION  MATERIALS  in  cases  where  incarcerated
 individuals are transferred from one facility to another.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09684-02-4

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