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
________________________________________________________________________
5495
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
___________
Introduced by M. of A. TITUS, O'DONNELL, COOK -- Multi-Sponsored by --
M. of A. CAHILL, COLTON, GOTTFRIED, JAFFEE, JOHNS, NOLAN -- read once
and referred to the Committee 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.
LBD02800-01-7
