Senate Bill S5092A

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 Via A9186 - Passed Senate

  • 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

2023-S5092 - Details

See Assembly Version of this Bill:
A9186
Law Section:
Correction Law
Laws Affected:
Amd §125, Cor L

2023-S5092 - Summary

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

2023-S5092 - Sponsor Memo

2023-S5092 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5092
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09684-01-3

2023-S5092A (ACTIVE) - Details

See Assembly Version of this Bill:
A9186
Law Section:
Correction Law
Laws Affected:
Amd §125, Cor L

2023-S5092A (ACTIVE) - Summary

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

2023-S5092A (ACTIVE) - Sponsor Memo

2023-S5092A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5092--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- recommitted to the Committee on Crime Victims, Crime and
   Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- 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.
                                                            LBD09684-03-4

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