BILL NUMBER: S3151

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to repeal subdivision 2 of section 245.30 of the criminal proce-
dure law relating to court orders to grant a defendant access to a crime
scene or other relevant premises

 
PURPOSE:

The purpose of this bill is to preserve evidence, limit the possibility
of a defendant tampering with a crime scene and to protect any victims
or owners of property involved. It removes the ability of a court to
grant a defendant access to the premises of a crime scene or other
related property to such crime.

 
SUMMARY OF PROVISIONS:

  Section  I.  Subdivision 2 of section 245.30 of the criminal procedure
law is repealed

              

  Section 2. Establishes the effective date

 
JUSTIFICATION:

The current law allows for the granting of a court order upon request of
the defendant to access a crime scene or any  other  relevant  premises.
This statute has been deemed unconstitutional in a recent Suffolk County
Court  ruling.  The  Court  accepted the argument of the County District
Attorney's office in the notion that the law violates a victim's  Fourth
Amendment  rights  and  privacy under the United States Constitution and
violates a victim's rights under Article 1 Section 12 of  the  New  York
State Constitution.

 
LEGISLATIVE HISTORY:

2022 S.7507

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.