Assembly Bill A6002

2019-2020 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 - Stricken

  • 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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2019-A6002 (ACTIVE) - Details

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
2017-2018: A5495

2019-A6002 (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.

2019-A6002 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6002
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2019
                                ___________
 
 Introduced  by  M. of A. TITUS, O'DONNELL, COOK -- Multi-Sponsored by --
   M. of A.  CAHILL, COLTON, GOTTFRIED, JAFFEE, JOHNS --  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.
                                                            LBD07730-01-9

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