Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 14, 2014 |
referred to codes |
Senate Bill S7426
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last 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
Actions
2013-S7426 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9284
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §690.36, CP L
2013-S7426 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7426 TITLE OF BILL: An act to amend the criminal procedure law, in relation to oral applications for a search warrant This measure is being introduced at the request of the Chief Administra- tive Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. This measure would amend section 690.36 of the Criminal Procedure Law to correct a cross reference error in the current law governing oral appli- cations for search warrants. Article 690 of the Criminal Procedure Law establishes the statutory mechanism for search warrants, with CPL 690.35 expressly prescribing what must be set forth in a warrant application, including that the applicant must supply a factual statement establishing reasonable cause to believe specified property will be found at the location or reason- able cause to believe a person who is the subject of an arrest warrant will be found in the designated premises. In a separate subdivision the section also allows the applicant to request nighttime entry into the premises and the authority to enter the premises without notice. In 1982, the Legislature amended the Criminal Procedure Law to allow for oral applications for a search warrant (L. 1982, c. 679). It added a new section 690.36 regarding the special provisions necessary for an oral
2013-S7426 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7426 I N S E N A T E May 14, 2014 ___________ Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin- istration) -- 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 oral applica- tions for a search warrant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 690.36 of the criminal procedure law, as added by chapter 679 of the laws of 1982, is amended to read as follows: 2. Where an oral application for a search warrant is made, the appli- cant therefor must identify himself OR HERSELF and the purpose of his OR HER communication. After being sworn as provided in subdivision three of this section, the applicant must also make the statement required by paragraph (b) of subdivision [two] THREE of section 690.35 OF THIS ARTI- CLE and provide the same allegations of fact required by paragraph (c) of such subdivision; provided, however, persons, properly identified, other than the applicant may also provide some or all of such allega- tions of fact directly to the court. Where appropriate, the applicant may also make a request specified in subdivision [three] FOUR of section 690.35 OF THIS ARTICLE. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13857-01-4
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