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A01607 Summary:

BILL NOA01607
 
SAME ASNo Same As
 
SPONSORCarroll
 
COSPNSRTaylor, Seawright
 
MLTSPNSR
 
Amd §§120.80, 140.15 & 140.27, CP L
 
Requires arrests be recorded or else such arrest is void and the defendant is discharged.
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A01607 Actions:

BILL NOA01607
 
01/11/2021referred to codes
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A01607 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1607               Revised 2/11/2021
 
SPONSOR: Carroll
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to requiring arrests be recorded or else such arrest is void and the defendant is discharged   PURPOSE OR GENERAL IDEA OF BILL: This bill would require that all arrests be recorded. If not, they will be void and the defendant will be discharged.   SUMMARY OF PROVISIONS: Section 1, 2 and 3 amends the criminal procedure law to void all arrests made by police or peace officers unless the arrest is recorded using a functioning and unobstructed body camera or other video recording device. Section 4 sets the effective date.   JUSTIFICATION: Many police departments, including the NYPD require that Officers must record certain events, including all uses of force and all arrests and summonses. However, we have seen in many instances that body worn cameras during an arrest suddenly malfunction, are not turned on, or otherwise do not function as expected. This bill reinforces the existing NYPD procedure requiring that all arrests be recorded but would addi- tionally void any arrest made without a valid recording. This bill would help enforce transparency in all arrest proceedings.   PRIOR LEGISLATIVE HISTORY: A.10624 of 2019-20 FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it has become law.
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A01607 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1607
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  CARROLL,  TAYLOR, SEAWRIGHT -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the criminal procedure law,  in  relation  to  requiring
          arrests  be  recorded or else such arrest is void and the defendant is
          discharged
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 120.80 of the criminal procedure law is amended by
     2  adding a new subdivision 6 to read as follows:
     3    6. A warrant for arrest shall not be executed without the execution of
     4  such warrant being recorded  by  a  functioning  and  unobstructed  body
     5  camera  or other video recording device. If the execution of the warrant
     6  is not recorded on video by the police officers executing  the  warrant,
     7  the arrest shall be deemed void and the defendant shall be discharged.
     8    § 2. Section 140.15 of the criminal procedure law is amended by adding
     9  a new subdivision 5 to read as follows:
    10    5. The arresting police officer shall record such arrest using a func-
    11  tioning and unobstructed body camera or other video recording device. If
    12  such arrest was not recorded on video by the police officers making such
    13  arrest,  such  arrest  shall  be  deemed void and the defendant shall be
    14  discharged.
    15    § 3. Section 140.27 of the criminal procedure law is amended by adding
    16  a new subdivision 6 to read as follows:
    17    6. The arresting peace officer shall record such arrest using a  func-
    18  tioning and unobstructed body camera or other video recording device. If
    19  such  arrest was not recorded on video by the peace officers making such
    20  arrest, such arrest shall be deemed void  and  the  defendant  shall  be
    21  discharged.
    22    §  4.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05484-01-1
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