What's happening
This bill requires search warrant applications to disclose any prior denials or failures to issue similar warrants by other judges.
Why it matters
Increases transparency and accountability. By requiring applicants to disclose previous denials or failures to obtain similar search warrants from other judges, the law aims to prevent "judge shopping"—where law enforcement might seek out a more favorable judge after being denied.
Strengthens judicial oversight. Judges reviewing new search warrant requests will have access to a fuller history of the application, which can help them make more informed decisions and identify potentially problematic or repetitive applications.
Protects individual rights. By making it harder to repeatedly seek warrants for the same investigation without disclosure, the amendment helps safeguard against potential abuses of the warrant process and ensures stronger checks on government power over private citizens.
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Who cares
Headline styles
Disclose Prior Warrant Denials
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5495
2017-2018 Regular Sessions
IN ASSEMBLY
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 Assembly, 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.