What's happening
This bill amends the law to allow warrants of arrest to be issued based on simplified information, not just full accusatory instruments.
Why it matters
Expands the types of documents that can trigger an arrest warrant. By allowing warrants based on "simplified information" (such as simplified traffic informations used for minor offenses), this bill enables courts to issue arrest warrants in a broader range of cases without requiring a full, detailed accusatory instrument.
May accelerate the legal process for minor offenses. The change could speed up how quickly law enforcement and courts can act in cases involving minor violations, potentially reducing delays related to filing more complex paperwork.
Could impact the rights of defendants. Allowing arrest warrants to be issued based on less detailed allegations may raise concerns about due process, as defendants might be arrested without the full specifics of the accusation being formally presented at the outset.
Reflects a shift in prosecutorial and judicial efficiency. By lowering the threshold for initiating arrest procedures, the bill aims to make the criminal justice system more responsive, but also increases the need for careful judicial oversight to prevent misuse.
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Who cares
Headline styles
Limit Arrest Warrants Before Arraignment
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
799
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to issuance of a warrant of arrest when a criminal action has been commenced in a local criminal court by the filing of a simplified information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 120.20 of the criminal procedure law, as amended by chapter 506 of the laws of 2000, is amended to read as follows:
1. When a criminal action has been commenced in a local criminal court by the filing therewith of an accusatory instrument, other than a simplified [traffic] information, against a defendant who has not been arraigned upon such accusatory instrument and has not come under the control of the court with respect thereto:
(a) such court may, if such accusatory instrument is sufficient on its face, issue a warrant for such defendant's arrest; or
(b) if such accusatory instrument is not sufficient on its face as prescribed in section 100.40, and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file an accusatory instrument that is sufficient on its face, the court must dismiss the accusatory instrument.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05157-01-7
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.