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S07000 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7000
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 21, 2021
                                       ___________
 
        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.
                                                                   LBD11611-01-1
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