Provides that applicant for a search warrant must disclose all prior denials of the same or similar application, as well as any prior failure to issue such a warrant by a different judge, if known to the applicant.
STATE OF NEW YORK
________________________________________________________________________
3899
2015-2016 Regular Sessions
IN ASSEMBLY
January 28, 2015
___________
Introduced by M. of A. TITUS, O'DONNELL, CLARK, COOK, SCARBOROUGH,
WRIGHT -- Multi-Sponsored by -- M. of A. CAHILL, COLTON, GOTTFRIED,
HEASTIE, JAFFEE, JOHNS, NOLAN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to search
warrant applications
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (e) of subdivision 3 of section 690.35 of the
2 criminal procedure law, as added by chapter 504 of the laws of 1991,
3 such subdivision as renumbered by chapter 815 of the laws of 1992, is
4 amended and a new paragraph (f) is added to read as follows:
5 (e) In the case of an application for a search warrant as defined in
6 paragraph (b) of subdivision two of section 690.05, a copy of the
7 warrant of arrest and the underlying accusatory instrument[.]; and
8 (f) A full disclosure of all prior denials of the same or a similar
9 application, as well as any prior failure to issue a search warrant
10 based on the same or a similar application, by a different judge, if
11 known to the applicant.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06609-01-5
