Bill S5688D-2009

Entitles defendants charged with an offense the ability to telephone any number located in the United States or Puerto Rico

Entitles defendants charged with an offense the ability to telephone any number located in the United States or Puerto Rico for the purpose of obtaining counsel and informing a relative or friend.

Details

Actions

  • Mar 22, 2010: SUBSTITUTED BY A8530E
  • Mar 18, 2010: ADVANCED TO THIRD READING
  • Mar 17, 2010: 2ND REPORT CAL.
  • Mar 16, 2010: 1ST REPORT CAL.268
  • Feb 3, 2010: PRINT NUMBER 5688D
  • Feb 3, 2010: AMEND AND RECOMMIT TO CODES
  • Jan 25, 2010: PRINT NUMBER 5688C
  • Jan 25, 2010: AMEND (T) AND RECOMMIT TO CODES
  • Jan 6, 2010: REFERRED TO CODES
  • Jun 23, 2009: PRINT NUMBER 5688B
  • Jun 23, 2009: AMEND AND RECOMMIT TO CODES
  • Jun 11, 2009: PRINT NUMBER 5688A
  • Jun 11, 2009: AMEND (T) AND RECOMMIT TO CODES
  • May 27, 2009: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 16, 2010
Ayes (12): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Perkins, Squadron, Golden, Lanza, Flanagan
Ayes W/R (1): Bonacic
Nays (3): Volker, Saland, DeFrancisco

Memo

 BILL NUMBER:  S5688D

TITLE OF BILL : An act to amend the criminal procedure law, in relation 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

PURPOSE OR GENERAL IDEA OF BILL : To establish the right to make a local or long distance phone call and to access phone numbers stored in one's cell phone upon arrest

JUSTIFICATION : While most police departments already permit arrested persons to make "one phone call," this right is not codified in statute. current statute guarantees the right to a free phone call only upon arraignment. In large cities, where there often is a delay of 24 hours or more between arrest and arraignment, the law should guarantee the right to a phone call before arraignment, during arrest processing procedures.

Additionally, some law enforcement agencies restrict the free phone call to the local area code of the specific agency. For example, in New York city's 71st precinct, a man arrested for biking on the sidewalk was subjected to 35 hours of detention without his wallet, and could not contact his panic-stricken family, because he was not familiar with any local phone numbers; his wife's cell phone had an out-of-state area code. With the rapid decline in the cost of domestic long-distance calling, and the fact that on cell phones, the location of the parties normally does not affect the cost of the call at all, restricting a prisoner to one "local" phone call has become obsolete. One advantage of cell phones is that they may be purchased in one place, and assigned that location's area code, but used anywhere in the country.

Finally, the increasing number of persons who rely exclusively on cell phones often do not memorize their friends' and relatives' phone numbers, or keep them on paper. Instead, they use the cell phone's technical features to retrieve the phone number. As arrestees typically have their personal property, including cell phones, seized and vouchered by the police for safekeeping, the right to a free phone call can only be effectuated for some arrestees if they have the right to access the cell phone to locate the number of the relative or friend or to obtain counsel.

In short, the law must keep pace with technology to assure an individual's right to make the one critical phone call at the time it is needed most.

PRIOR LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS : Minimal cost to law enforcement agencies.

EFFECTIVE DATE : This act shall take effect on the sixtieth day after becoming law.

Text

STATE OF NEW YORK ________________________________________________________________________ 5688--D 2009-2010 Regular Sessions IN SENATE May 27, 2009 ___________
Introduced by Sens. STAVISKY, ADAMS, ESPADA, HASSELL-THOMPSON, HUNTLEY, KRUEGER, MONSERRATE, MONTGOMERY, ONORATO, OPPENHEIMER, SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.90 of the criminal procedure law is amended by adding a new subdivision 8 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. Section 140.20 of the criminal procedure law is amended by adding a new subdivision 7 to read as follows: 7. UPON ARRESTING A PERSON, OTHER THAN A JUVENILE OFFENDER, FOR ANY OFFENSE WITHOUT A WARRANT, A POLICE OFFICER SHALL, UPON THE ARRESTED PERSON'S REQUEST, PERMIT HIM OR HER TO COMMUNICATE BY TELEPHONE PROVIDED BY THE LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO A PHONE NUMBER LOCATED 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 PERSON, THE OFFICER SHALL GRANT HIM OR HER ACCESS TO THE CELLPHONE OR DEVICE, FOR THE PURPOSE OF LOCATING A TELEPHONE NUMBER CONTAINED THEREIN, UNLESS GRANT- ING SUCH ACCESS WILL COMPROMISE AN ONGOING INVESTIGATION OR THE PROSE- CUTION OF THE DEFENDANT. S 3. Paragraph (b) of subdivision 3 of section 170.10 of the criminal procedure law is amended to read as follows: (b) To communicate, free of charge, by letter or by telephone PROVIDED BY THE LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO A PHONE NUMBER LOCATED 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 charged with an offense; and S 4. Paragraph (b) of subdivision 3 of section 180.10 of the criminal procedure law is amended to read as follows: (b) To communicate, free of charge, by letter or by telephone PROVIDED BY THE LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO A PHONE NUMBER LOCATED IN THE UNITED STATES OR PUERTO RICO, for the purpose of obtaining counsel and informing a relative or friend that he OR SHE has been charged with an offense; and S 5. Paragraph (b) of subdivision 2 of section 210.15 of the criminal procedure law is amended to read as follows: (b) To communicate, free of charge, by letter or by telephone PROVIDED BY THE LAW ENFORCEMENT FACILITY WHERE THE DEFENDANT IS HELD TO A PHONE NUMBER LOCATED 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 charged with an offense; and S 6. This act shall take effect on the sixtieth day after it shall have become a law.

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