Bill S7541-2009

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

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

Details

Actions

  • May 4, 2010: SUBSTITUTED BY A10750
  • May 3, 2010: ADVANCED TO THIRD READING
  • Apr 28, 2010: 2ND REPORT CAL.
  • Apr 27, 2010: 1ST REPORT CAL.436
  • Apr 20, 2010: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Apr 27, 2010
Ayes (16): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Perkins, Squadron, Volker, Saland, DeFrancisco, Bonacic, Golden, Lanza, Flanagan

Memo

 BILL NUMBER:  S7541

TITLE OF BILL : 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

PURPOSE OR GENERAL IDEA OF BILL : To amend the proposed language in legislative bill number S.5688-D and A.8530-E to remove the provision requiring law enforcement to grant an arrestee access to their cell phone or other digital device for the purpose of locating a telephone number therein.

JUSTIFICATION : Requiring law enforcement to permit an arrestee access to their cell phone for the purpose of locating a telephone number in an effort to assist them in contacting counsel, a relative or friend to alert them of their arrest is favored whenever possible, however, it will not be mandated at this time.

PRIOR LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the same date and in the same manner as 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 legislative bill numbers S. 5688-D and A 8530-E take effect.

Text

STATE OF NEW YORK ________________________________________________________________________ 7541 IN SENATE April 20, 2010 ___________
Introduced by Sen. STAVISKY -- 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 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:
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. This act shall take effect on the same date and in the same manner as 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, takes effect.

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