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- Referred to codes
Companion bill
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Makes technical corrections to provisions of law relating to statements and requests required for a search warrant
In Senate Committee · Codes · Sponsor Michael Simanowitz
Full text
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Sponsor's 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 warrant application and provided, in a cross reference to subdivisions two and three of section 690.35, that the oral warrant application must contain a statement establishing reasonable cause to believe specified property will be found at the location or reasonable cause to believe a person who is the subject of an arrest warrant will be found in the designated premises.
The Legislature subsequently amended section 690.35 by adding a new subdivision two (related to court jurisdiction for issuing a warrant), and renumbering existing subdivisions two and three to subdivisions three and four respectively (L. 1992, c. 816). However, no conforming amendment was made to CPL 690.36, and the text of that section now cross references the wrong subdivisions of section 690.35.
This measure would amend section 690.36 to correct the cross reference.
This measure, which would have no fiscal impact on the public treasury, would take effect immediately.
Legislative History: None. New proposal.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.