Bill S5627-2013

Relates to suspects charged with crimes of terrorism

Relates to suspects charged with crimes of terrorism.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 11, 2013: ADVANCED TO THIRD READING
  • Jun 10, 2013: 2ND REPORT CAL.
  • Jun 5, 2013: 1ST REPORT CAL.1163
  • May 30, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Jun 5, 2013
Ayes (9): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara
Ayes W/R (1): O'Brien
Nays (5): Squadron, Perkins, Espaillat, Hoylman, Krueger

Memo

BILL NUMBER:S5627

TITLE OF BILL: An act to amend the criminal procedure law, in relation to the statements of defendants suspected of committing, facilitating or participating in any crime related to an act of terrorism

PURPOSE:

This bill would codify the public safety exception to the Miranda requirements for terrorist suspects, as established in the landmark United States Supreme Court decision in New York v Quarles, 467 U S 649 (1984).

SUMMARY OF SPECIFIC PROVISIONS:

Section One of this bill would codify the public safety exception to the Miranda requirements as follows:

Any defendant, who is a citizen of the United States, suspected of committing, facilitating or participating in any crime related to an act of terrorism, would not be required to be charged, be given Miranda warnings, or be allowed access to counsel, for not less than 48 hours after being taken into custody.

Any statement by such a defendant, within such 48 hour period, would not be permitted to be used as evidence in the trial of such defendant without his or her consent provided after having an opportunity to consult with counsel.

Any evidence obtained as a result of, or derived from, a statement by such defendant, within such 48 hour period, may be used as evidence in the trial of such defendant, if it can be demonstrated that such evidence so obtained or derived, could have reasonably been discovered without such statement.

Any defendant, who is not a citizen of the United States, who is suspected of committing, facilitating or participating in any crime related to an act of terrorism shall be deemed a foreign enemy combatant.

A foreign enemy combatant shall not be required to be charged, be given Miranda warnings, or be allowed access to counsel.

A foreign enemy combatant shall be delivered to the custody of federal authorities, or shall be required to be charged, be given Miranda warnings, or be allowed access to counsel, within 48 hours of being taken into custody.

Statements by such a foreign enemy combatant, who is not delivered to the custody of federal authorities, within such 48 hour period, shall be treated in the same manner as those of United States citizens.

JUSTIFICATION:

The Supreme Court of the United States held in New York v. Quarles, 467 U.S. 649 (1984), that there is a public safety exception to the

procedural requirements announced in the landmark case of Miranda v. Arizona, 384 U.S. 436 (1966). This exception, announced by the Court in 1984, recognized that a suspect need not be charged, provided Miranda warnings, nor given access to legal counsel, for 48 hours, in order to derrive evidence from the suspect that would lead to the prevention of further criminal conduct, or serious injury to people or property.

Perhaps nowhere in the law is the public safety exception announced by the Court in New York v. Quarles, more valuable or important than in cases involving terrorism. The prevention of further terrorist acts, and the incumbent possible loss of life and massive destruction of property, prove the very measure of why a public safety exception is necessary in certain cases.

This legislation would codify the public safety exception where the defendant is suspected of committing, facilitating or participating in any crime related to an act of terrorism In such case, such suspect could be questioned and would not be required to be charged, be given Miranda warnings, or be allowed access to counsel, for not less than 48 hours after being taken into custody If the suspect is not a United States citizen, then they could also be questioned and delivered to the custody of Federal authorities after 48 hours, or be treated the same as a United State's citizen, at the option of prosecuting authorities in New York.

This bill would thereby provide an important, constitutional tool to prevent future terrorist attacks, by allowing law enforcement to try to get whatever knowledge they can from the suspect, with the presence of Miranda warnings or lawyers, in the immediate time frame after the suspect is taken into custody. As the Supreme Court prescribes, these constitutional rights, advanced by Miranda, would attach, upon the conclusion of the 48 hour holding period.

LEGISLATIVE HISTORY:

This is a new bill in the Senate

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5627 2013-2014 Regular Sessions IN SENATE May 30, 2013 ___________
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the state- ments of defendants suspected of committing, facilitating or partic- ipating in any crime related to an act of terrorism THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 60.45 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows: 3. ANY DEFENDANT, WHO IS A CITIZEN OF THE UNITED STATES, WHO IS SUSPECTED OF COMMITTING, FACILITATING OR PARTICIPATING IN ANY CRIME RELATED TO AN ACT OF TERRORISM AS DEFINED IN SECTION 490.05 OF THE PENAL LAW, SHALL NOT BE REQUIRED TO BE CHARGED, BE GIVEN MIRANDA WARNINGS, OR BE ALLOWED ACCESS TO COUNSEL, FOR NOT LESS THAN FORTY-EIGHT HOURS AFTER BEING TAKEN INTO CUSTODY. ANY STATEMENT BY SUCH A DEFENDANT, WITHIN SUCH FORTY-EIGHT HOUR PERIOD, SHALL NOT BE USED AS EVIDENCE IN THE TRIAL OF SUCH DEFENDANT WITHOUT HIS OR HER CONSENT PROVIDED AFTER HAVING AN OPPORTUNITY TO CONSULT WITH COUNSEL. ANY EVIDENCE OBTAINED AS A RESULT OF, OR DERIVED FROM, A STATEMENT BY SUCH DEFENDANT, WITHIN SUCH FORTY-EIGHT HOUR PERIOD, MAY BE USED AS EVIDENCE IN THE TRIAL OF SUCH DEFENDANT, IF IT CAN BE DEMONSTRATED THAT SUCH EVIDENCE SO OBTAINED OR DERIVED, COULD HAVE REASONABLY BEEN DISCOVERED WITHOUT SUCH STATEMENT. ANY DEFENDANT, WHO IS NOT A CITIZEN OF THE UNITED STATES, WHO IS SUSPECTED OF COMMITTING, FACILITATING OR PARTICIPATING IN ANY CRIME RELATED TO AN ACT OF TERRORISM AS DEFINED IN SECTION 490.05 OF THE PENAL LAW, SHALL BE DEEMED A FOREIGN ENEMY COMBATANT, AND SHALL NOT BE REQUIRED TO BE CHARGED, BE GIVEN MIRANDA WARNINGS, OR BE ALLOWED ACCESS TO COUNSEL. A FOREIGN ENEMY COMBATANT SHALL BE DELIVERED TO THE CUSTODY OF FEDERAL AUTHORITIES, OR SHALL BE REQUIRED TO BE CHARGED, BE GIVEN MIRANDA WARNINGS, OR BE ALLOWED ACCESS TO COUNSEL, WITHIN FORTY-EIGHT HOURS OF BEING TAKEN INTO CUSTODY. ANY STATEMENT BY SUCH A FOREIGN ENEMY
COMBATANT WHO IS NOT DELIVERED TO THE CUSTODY OF FEDERAL AUTHORITIES, WITHIN SUCH FORTY-EIGHT HOUR PERIOD, SHALL NOT BE USED AS EVIDENCE IN THE TRIAL OF SUCH FOREIGN ENEMY COMBATANT WITHOUT HIS OR HER CONSENT PROVIDED AFTER HAVING AN OPPORTUNITY TO CONSULT WITH COUNSEL. ANY EVIDENCE OBTAINED AS A RESULT OF, OR DERIVED FROM, A STATEMENT BY SUCH FOREIGN ENEMY COMBATANT, WITHIN SUCH FORTY-EIGHT HOUR PERIOD, MAY BE USED AS EVIDENCE IN THE TRIAL OF SUCH FOREIGN ENEMY COMBATANT, IF IT CAN BE DEMONSTRATED THAT SUCH EVIDENCE SO OBTAINED OR DERIVED, COULD HAVE REASONABLY BEEN DISCOVERED WITHOUT SUCH STATEMENT. S 2. This act shall take effect immediately.

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