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S8707Senate2019-2020 SessionSame asA10884

Limit Police Detention Time

Official title

“Relates to detaining persons for longer than twenty-four hours”

Sponsor Michael GianarisSD-12+9 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
8/10
Significant
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Codes

What's happening

This bill requires detainees to be released if held over 24 hours without arraignment and mandates a detainee registry in large cities.

Why it matters

  1. Strengthens legal protections against prolonged pre-arraignment detention. By clearly defining “unnecessary delay” as holding someone over 24 hours without arraignment, this bill gives detainees and their lawyers a stronger basis to demand immediate release if this limit is breached, regardless of administrative delays.

  2. Increases transparency and accountability for detainees in major cities. The mandated online registry for cities over one million ensures defender organizations can quickly locate and advocate for people recently detained, reducing “invisible” detentions and improving access to legal support.

  3. Raises the legal bar for justifying extended detention. In habeas corpus challenges, the bill shifts the burden to the government to prove—by clear and convincing evidence—that holding someone over 24 hours was truly necessary, making it harder for authorities to justify delays.

  4. Protects privacy after release or arraignment. All personal information entered into the detainee registry must be deleted and destroyed once the individual is released, issued a summons, or arraigned, helping prevent misuse of sensitive data and limiting long-term records of detention.

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Headline styles

Limit Police Detention Time

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 39–21
  4. Ordered to third reading cal.868
  5. Reported and committed to rules
  6. Print number 8707a
  7. Amend and recommit to codes
  8. Committee discharged and committed to codes
  9. Referred to rules

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.

A10884Assembly

Limit Police Detention Time

In Assembly Committee · Codes · Sponsor Diana Richardson

Impact 8 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8707--A

IN SENATE

July 9, 2020

Introduced by Sens. GIANARIS, BAILEY, CARLUCCI, HOYLMAN, JACKSON, KRUEG- ER, LIU, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged and said bill committed 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD16815-04-0

S. 8707--A 2

court for arraignment within twenty-four hours pursuant to section 140.20 of this chapter or where no arrest number or other identifier has 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.

Sponsor's memo

Title of bill

An act to amend the criminal procedure law and the civil practice law and rules, in relation to detaining persons for longer than twenty-four hours

Purpose

This act shall ensure one's pre-arraignment detention does not exceed 24 hours without individualized explanations for why such a delay in release was necessary, and requires cities with a population of over 1 million to establish and maintain a detainee lookup registry for author- ized users.

Summary of provisions

Section one amends Section 140.20 of the criminal procedure law to add a new subdivision 9 which defines an "unnecessary delay" as it relates to pre-arraignment detention as one before twenty-four hours or less have expired.

Section two adds a new article 3 to the criminal procedure law which requires cities with a population of one million or more create and maintain a detained persons registry, the contents of which can permit authorized users to locate detainees. Authorized users are defined to consist of defender organizations contracted with cities to represent criminal defendants.

Section three amends section 7009 of the civil practice law and rules by adding a new subdivision (0 which presumes that any pre-arraignment detention exceeding 24-hours is unnecessary and unlawful, unless clear and convincing evidence is provided to demonstrate that a delay was necessary for each an individual petitioner named in the writ.

Section four sets the effective date.

Justification

In June 2020, hundreds of people in New York City alone were detained for over 24 hours without being brought before a judge after being arrested in a series of protests in light of the murder of George Floyd and the Black Lives Matter movement. When public defenders petitioned for their releases, New York City Criminal Court Judge Burke ruled the State was permitted to hold detainees for more than 24 hours due to "a civil unrest crisis within the overarching Covid-19 crisis." As a result, people accused of committing crimes were forced into cramped quarters indefinitely, posing an unnecessary risk to their health. The protections in this bill would prevent New Yorkers from experiencing unlawfully lengthy detention in the future, unless acceptable individ- ualized reasons for the delay are provided.

This bill will codify a Court of Appeals ruling regarding pre-arraign- ment detention, and include some additional protections. In 1991, the New York Court of Appeals decision in Roundtree v. New York set a 24-hour rule for pre-arraignment detention. The Court reasoned that preliminary police duties which must be completed pre-arraignment can easily be accomplished within 24 hours, unless an acceptable reason for the delay is provided. Specifically, this bill would establish that any pre-arraignment detention exceeding 24 hours from arrest to arraignment constitutes an "unnecessary delay" under the law, until and unless the presumption is rebutted by clear and convincing evidence that such a delay was actually necessary for each individual petitioner identified in a writ of habeas corpus. To further ensure that these provisions are met and that defense attorneys have access to those who might require assistance with pre-arraignment issues, this bill would also require cities with a population of one million or greater to establish and maintain a searchable online registry to locate detainees.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

EFFECTIVE DATE: This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.