NY State Senate Bill 2025-S5862

Current Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2025	referred to codes

2025-S5862 (ACTIVE) - Details

See Assembly Version of this Bill:: A1809
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-y, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S6600, A5343

2025-S5862 (ACTIVE) - Summary

Requires law enforcement agencies to store physical or other evidence it maintains within fireproof containers or within a fireproof storage area; requires law enforcement agencies to document and photograph evidence before it is stored in a fireproof container or storage area; requires that such documents and photographs be stored in a different location.

2025-S5862 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5862

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the executive law, in relation to the storage of
evidence by law enforcement agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

To enhance security of evidence storage and ensure such evidence has
been properly documented.

 
SUMMARY OF PROVISIONS:

Section one amends Executive Law by adding a new Section 837-y which
requires law enforcement agencies to keep all evidence it maintains
within a fireproof container or storage area. Additionally, storage of
evidence must be located in a state-of-the-art facility employing modern
and advanced technology. Prior to evidence storage, law enforcement
agencies must photograph and document all evidence and store such
documentation in a different location separate from where evidence is

being stored.

Section two establishes the effective date.

 
JUSTIFICATION:

In December 2022, a fire broke out at the Erie Basin Auto Pound in
Brooklyn, destroying more than 30 years of evidence that the New York
City Police Department (NYPD) had collected and stored there. This
facility is one of two auto pounds that the NYPD uses to store a variety
of evidence, including vehicles and motorbikes that have been seized
during investigations and DNA and other biological evidence from
unsolved burglaries and shootings. With the loss of this evidence, many
ongoing cases will have been upended, potentially preventing innocent
people from being cleared of wrongdoing.

This tragic event highlights the urgency for changes to law enforce-
ment's evidence storage practices. This bill will require all evidence
to be kept within fireproof storage containers and require evidence to
be properly documented and stored separately. While fires and other
disasters cannot always be avoided, new procedures for the storage of
biological and physical evidence will help to ensure such a significant
loss does not happen again.

 
PRIOR LEGISLATIVE HISTORY:

2024: S6600 - Reported and committed to Finance

2023: S6600 - Referred to Codes

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediate

2025-S5862 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5862
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  executive  law,  in  relation to the storage of
   evidence by law enforcement agencies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-y
 to read as follows:
   § 837-Y.  LAW  ENFORCEMENT  AGENCIES;  STORAGE  OF  EVIDENCE.  1.  FOR
 PURPOSES OF THIS SECTION, "LAW ENFORCEMENT AGENCY" MEANS A POLICE AGENCY
 OR DEPARTMENT OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, INCLUD-
 ING  AUTHORITIES  OR  AGENCIES  MAINTAINING POLICE FORCES OF INDIVIDUALS
 DEFINED AS POLICE OFFICERS IN SECTION 1.20  OF  THE  CRIMINAL  PROCEDURE
 LAW, OR A SHERIFF'S DEPARTMENT.
   2. EVERY LAW ENFORCEMENT AGENCY SHALL BE REQUIRED TO KEEP ALL PHYSICAL
 OR  OTHER EVIDENCE IT MAINTAINS WITHIN A FIREPROOF CONTAINER OR WITHIN A
 FIREPROOF STORAGE AREA. SUCH CONTAINER OR STORAGE AREA SHALL BE  LOCATED
 WITHIN  A  STATE-OF-THE-ART FACILITY UTILIZING MODERN AND ADVANCED TECH-
 NOLOGY.
   3. PRIOR TO THE STORAGE OF EVIDENCE WITHIN A  FIREPROOF  CONTAINER  OR
 STORAGE  AREA  AS  REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION,
 EVERY LAW ENFORCEMENT AGENCY SHALL BE REQUIRED TO PHOTOGRAPH  AND  DOCU-
 MENT  SUCH EVIDENCE AND TO STORE SUCH PHOTOGRAPHS AND DOCUMENTATION IN A
 SEPARATE LOCATION WHICH IS DIFFERENT FROM  THE  LOCATION  IN  WHICH  THE
 EVIDENCE IS BEING STORED IN A FIREPROOF CONTAINER OR STORAGE AREA.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04672-01-5

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Senate Bill S5862

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2025-S5862 (ACTIVE) - Details

2025-S5862 (ACTIVE) - Summary

2025-S5862 (ACTIVE) - Sponsor Memo

2025-S5862 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5862

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Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Codes Committee

2025-S5862 (ACTIVE) - Details

2025-S5862 (ACTIVE) - Summary

2025-S5862 (ACTIVE) - Sponsor Memo

2025-S5862 (ACTIVE) - Bill Text download pdf

Comments