Assembly Bill A2196

2011-2012 Legislative Session

Relates to the execution of a warrant of arrest and establishes educational programs for judicial personnel on the law of searches, arrests and seizures

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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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2011-A2196 (ACTIVE) - Details

See Senate Version of this Bill:
S3606
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§690.30, 690.35, 690.40, 690.45 & 690.50, add §690.60, CP L; add §837-s, Exec L; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1508, S2594
2013-2014: A2935, S1278
2015-2016: A4012, S4354
2017-2018: A7040, S2658
2019-2020: A10605, S8517

2011-A2196 (ACTIVE) - Summary

Makes various provisions to the criminal procedure law in relation to the execution of a warrant of arrest; authorizes the commissioner of the division of criminal justice services to establish a system to record and monitor the issuance and execution of search warrants; and authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

2011-A2196 (ACTIVE) - Bill Text download pdf

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

                                  2196

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2011
                               ___________

Introduced by M. of A. WRIGHT -- Multi-Sponsored by -- M. of A. BRENNAN,
  FARRELL, ROBINSON -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to the execution
  of  a  warrant  of  arrest; to amend the executive law, in relation to
  authorizing the commissioner  of  the  division  of  criminal  justice
  services  to establish a system to record and monitor the issuance and
  execution of search warrants; and  to  amend  the  judiciary  law,  in
  relation  to  authorizing  the chief administrator to establish educa-
  tional programs for judicial personnel on the law of searches, arrests
  and seizures

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

  Section  1.  Subdivision 2 of section 690.30 of the criminal procedure
law is amended to read as follows:
  2.  A search warrant may be executed on any day of  the  week.    [It]
EXCEPT  AS  OTHERWISE PROVIDED IN THIS SUBDIVISION, A SEARCH WARRANT may
be executed only between the hours of 6:00 A.M. and  9:00  P.M.,  unless
the  warrant  expressly  authorizes execution thereof at any time of the
day or night, as provided in subdivision [five] SIX of section 690.45 OF
THIS ARTICLE.   NOTWITHSTANDING PARAGRAPH (A)  OF  SUBDIVISION  FOUR  OF
SECTION  690.35  OF  THIS ARTICLE, A SEARCH WARRANT BASED IN WHOLE OR IN
PART ON THE GROUNDS SET FORTH IN PARAGRAPH (B) OF  SUBDIVISION  FOUR  OF
SECTION 690.35 OF THIS ARTICLE MAY BE EXECUTED ONLY BETWEEN THE HOURS OF
9:00 A.M. AND 6:00 P.M. UNLESS THERE IS REASONABLE CAUSE TO BELIEVE THAT
IT  CANNOT  BE  EXECUTED  BETWEEN  THOSE  HOURS BECAUSE (I) THE PROPERTY
SOUGHT SHALL BE REMOVED OR DESTROYED IF NOT SEIZED FORTHWITH, OR (II) IN
THE CASE OF AN APPLICATION FOR A SEARCH WARRANT AS DEFINED IN  PARAGRAPH
(B)  OF  SUBDIVISION  TWO  OF SECTION 690.05 OF THIS ARTICLE, THE PERSON
SOUGHT IS LIKELY TO FLEE OR COMMIT ANOTHER CRIME, OR  MAY  ENDANGER  THE
SAFETY  OF THE EXECUTING POLICE OFFICERS OR ANOTHER PERSON IF NOT SEIZED
FORTHWITH OR BETWEEN THE HOURS OF 6:00 P.M.  AND  9:00  A.M.,  IN  WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05661-01-1
              

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