STATE OF NEW YORK
________________________________________________________________________
957
2023-2024 Regular Sessions
IN SENATE
January 9, 2023
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the temporary
questioning of persons in public places
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 140.50 of the criminal procedure law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. When upon stopping a person under circumstances as prescribed by
4 sections 1156, 1163, and 1263 of the vehicle and traffic law, a law
5 enforcement officer shall not search such person for the following
6 items:
7 (a) any substance prohibited by article 220 of the penal law;
8 (b) any substance prohibited by article 222 of the penal law in the
9 amounts prohibited by that article;
10 (c) a deadly weapon or any instrument, article or substance readily
11 capable of causing serious physical injury and of a sort not ordinarily
12 carried in public places by law-abiding persons, unless such officer
13 reasonably suspects that they are in danger of physical injury. If such
14 officer finds such a weapon or instrument, or any other property
15 possession of which he or she reasonably believes may constitute the
16 commission of a crime, he or she may take it and keep it until the
17 completion of the questioning, at which time he or she shall either
18 return it, if lawfully possessed, or arrest such person.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02581-01-3