What's happening
This bill requires the release of detainees held over 24 hours without arraignment, creates a detainee registry for large cities, and presumes such prolonged detention is unnecessary unless proven otherwise.
Why it matters
Mandates immediate release for detainees held over 24 hours without arraignment. This shifts the legal default to favor detainees, requiring the government to justify any delay or risk automatic release, which could significantly decrease prolonged pre-arraignment detention.
Establishes a detainee registry in large cities. By requiring cities of one million or more to create searchable registries accessible to public defender organizations, the bill increases transparency and enables defenders to locate clients more quickly, potentially preventing “invisible” or unaccounted-for detentions.
Creates a strong presumption against prolonged detention. If a person is detained for more than 24 hours pre-arraignment, courts must presume this is unnecessary and unlawful unless the government can provide clear and convincing evidence otherwise, raising the burden for police and prosecutors and likely reducing such occurrences.
Limits long-term data retention on detainees. The registry must remove and destroy a detainee’s information once they are arraigned or released, protecting privacy and preventing the creation of lasting government records for individuals not yet convicted of any crime.
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Who cares
People in police custody
The bill would start the detention clock when they are taken into custody, even without an arrest number, and require immediate release on their or their counsel’s application if agencies fail to meet the section’s requirements.
City-contracted defender organizations
They would have exclusive authorized access to a searchable online registry of detainees’ names, ages and locations in cities with populations of one million or more.
City governments and police departments
Covered cities would have to maintain the detainee registry and destroy its records when an appearance ticket or summons is issued or the person is arraigned.
Lawyers challenging pre-arraignment detention
In habeas corpus proceedings involving detention longer than twenty-four hours, they could invoke a presumption of unlawful detention rebuttable only by clear and convincing evidence that the delay was necessary for each petitioner.
Headline styles
Limit Police Detention Time
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 10884a
- Amend and recommit to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Police Detention Time
In Assembly Committee · Codes · Sponsor Michael Gianaris
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10884--A
IN ASSEMBLY
July 24, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Richardson) -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to detaining persons for longer than twentyfour hours
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 140.20 of the criminal procedure law is amended by adding a new subdivision 9 to read as follows:
9. For purposes of this section, "unnecessary delay" shall mean before twenty-four hours or less have expired, commencing at the time of the person being taken into custody by such police officer, or any person acting on behalf of a police officer, even when no arrest number has been issued. The failure or inability of any government agency to fulfill the requirements of this section shall require the immediate release from custody of any person so held, upon application by the detainee or their counsel.
§ 2. The criminal procedure law is amended by adding a new article 3 to read as follows:
ARTICLE 3
DETAINED PERSONS REGISTRY Section 3.10 Detained persons registry. § 3.10 Detained persons registry.
Cities with a population of one million or more shall establish and maintain a searchable online registry, consisting of the names, ages, and locations of persons detained by a police department, which will permit authorized users to locate persons detained for any reason, including but not limited to the investigation of possible warrants or detainers, processing for the possible issuance of a summons or appearance ticket, in anticipation of being presented in a local criminal court for arraignment within twenty-four hours pursuant to section 140.20 of this chapter or where no arrest number or other identifier has
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16815-05-0
A. 10884--A 2
been issued by an agency responsible for issuing one. Upon the issuance of any type of appearance ticket, summons or upon the arraignment of any person entered into this registry, any and all data related thereto shall be removed from the registry, destroyed and rendered unavailable to any entity for any purpose. For the purposes of this section, authorized users shall be limited to defender organizations contracted with cities to represent criminal defendants.
§ 3. Section 7009 of the civil practice law and rules is amended by adding a new subdivision (f) to read as follows:
(f) Persons detained for longer than twenty-four hours. For purposes of this article, when a writ of habeas corpus is heard challenging the pre-arraignment detention of a person detained for more than twenty-four hours, there shall be an evidentiary presumption that such detention is unnecessary, and unlawful as defined in section 140.20 of the criminal procedure law, until and unless such presumption is rebutted by clear and convincing evidence that such a delay was actually necessary for each individual petitioner identified in the writ.
§ 4. This act shall take effect immediately.
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.