Assembly Bill A10750

Signed By Governor
2009-2010 Legislative Session

Relates to a defendant's ability to call certain persons upon being charged with a crime

download bill text pdf

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Archive: Last Bill Status - Signed by Governor


  • 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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2009-A10750 (ACTIVE) - Details

See Senate Version of this Bill:
S7541
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§120.90 & 140.20, CP L (as proposed in S.5688-D/A.8530-E)

2009-A10750 (ACTIVE) - Summary

Relates to a defendant's ability to call certain persons upon being charged with a crime.

2009-A10750 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10750

                          I N  A S S E M B L Y

                             April 19, 2010
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  the  ability
  of defendants to call for counsel upon being charged with a crime

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8 of section 120.90 of the  criminal  procedure
law,  as  added  by  a chapter of the laws of 2010 amending the criminal
procedure law relating to providing defendants the ability to  call  any
telephone  number  located  in  the United States or Puerto Rico for the
purpose of obtaining counsel and informing a  relative  or  friend  that
they  have  been  charged with a crime, as proposed in legislative bills
numbers S.5688-D and A.8530-E, is amended to read as follows:
  8. Upon arresting a defendant, other than a juvenile offender, for any
offense pursuant to a warrant of arrest, a police  officer  shall,  upon
the  defendant's  request,  permit the defendant to communicate by tele-
phone provided by the law enforcement facility where  the  defendant  is
held  to  a phone number located anywhere in the United States or Puerto
Rico, for the purposes of obtaining counsel and informing a relative  or
friend  that  he or she has been arrested, unless granting the call will
compromise an ongoing investigation or the prosecution of the defendant.
[If the officer has seized a cellphone or other digital device from  the
defendant, the officer shall grant the defendant access to the cellphone
or  device,  for  the  purpose  of locating a telephone number contained
therein, unless granting such access will compromise an ongoing investi-
gation or the prosecution of the defendant.]
  S 2. Subdivision 7 of section 140.20 of the criminal procedure law, as
added by a chapter of the laws of 2010 amending the  criminal  procedure
law  relating  to providing defendants the ability to call any telephone
number located in the United States or Puerto Rico for  the  purpose  of
obtaining counsel and informing a relative or friend that they have been
charged  with a crime, as proposed in legislative bills numbers S.5688-D
and A.8530-E, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16935-01-0
              

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