Limits the period of time for which a defendant against whom a misdemeanor complaint is pending in a local criminal court may be held in custody by requiring his or her release if a misdemeanor complaint has not been replaced by a misdemeanor information within 120-144 hours of arrest.
STATE OF NEW YORK
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164
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
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Introduced by Sen. KRUGER -- 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 misdemeanor
complaints
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of section 170.70 of the criminal
2 procedure law is amended to read as follows:
3 Upon application of a defendant against whom a misdemeanor complaint
4 is pending in a local criminal court, and who, [either at the time of
5 his arraignment thereon or subsequent thereto, has been committed to the
6 custody of the sheriff] since the time of his arrest or subsequent ther-
7 eto, has been held in custody pending disposition of the action, and who
8 has been confined in such custody for a period of more than [five days,
9 not including Sunday] one hundred twenty hours, or in the event that a
10 Saturday, Sunday or legal holiday occurs during such custody, one
11 hundred forty-four hours, without any information having been filed in
12 replacement of such misdemeanor complaint, the criminal court must
13 release the defendant on his own recognizance unless:
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02687-01-9
