Assembly Bill A5495

2017-2018 Legislative Session

Provides for disclosure of prior denials, if any, in application for a search warrant

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2017-A5495 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §690.35, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5457
2011-2012: A3421
2013-2014: A3421
2015-2016: A3899
2019-2020: A6002

2017-A5495 (ACTIVE) - Summary

Provides that applicant for a search warrant must disclose all prior denials of the same or similar application, as well as any prior failure to issue such a warrant by a different judge, if known to the applicant.

2017-A5495 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5495
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced  by  M. of A. TITUS, O'DONNELL, COOK -- Multi-Sponsored by --
   M. of A.  CAHILL, COLTON, GOTTFRIED, JAFFEE, JOHNS, NOLAN -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the  criminal  procedure  law,  in  relation  to  search
   warrant applications

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 3 of  section  690.35  of  the
 criminal  procedure  law,  as  added by chapter 504 of the laws of 1991,
 such subdivision as renumbered by chapter 815 of the laws  of  1992,  is
 amended and a new paragraph (f) is added to read as follows:
   (e)  In  the case of an application for a search warrant as defined in
 paragraph (b) of subdivision two  of  section  690.05,  a  copy  of  the
 warrant of arrest and the underlying accusatory instrument[.]; AND
   (F)  A  FULL  DISCLOSURE OF ALL PRIOR DENIALS OF THE SAME OR A SIMILAR
 APPLICATION, AS WELL AS ANY PRIOR FAILURE  TO  ISSUE  A  SEARCH  WARRANT
 BASED  ON  THE  SAME  OR A SIMILAR APPLICATION, BY A DIFFERENT JUDGE, IF
 KNOWN TO THE APPLICANT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02800-01-7

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