BILL NUMBER: S144
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to repeal subdivision 2 of section 245.30 of the criminal proce-
dure law relating to court orders to grant a defendant access to a crime
scene or other relevant premises
 
PURPOSE:
The purpose of this bill is to preserve evidence, limit the possibility
of a defendant tampering with a crime scene and to protect any victims
or owners of property involved. It removes the ability of a court to
grant a defendant access to the premises of a crime scene or other
related property to such crime.
 
SUMMARY OF PROVISIONS:
Section 1. Subdivision 2 of section 245.30 of the criminal procedure law
is repealed
Section 2. Establishes the effective date
 
JUSTIFICATION:
The current law allows for the granting of a court order upon request of
the defendant to access a crime scene or any other relevant premises.
This statute has been deemed unconstitutional in a recent Suffolk County
Court ruling. The Court accepted the argument of the County District
Attorney's office in the notion that the law violates a victim's Fourth
Amendment rights and privacy under the United States Constitution and
violates a victim's rights under Article 1
Section 12 of the New York State Constitution.
 
LEGISLATIVE HISTORY:
2024 S.3151/A.3360; 2022 5.7507
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S144: 245.30 criminal procedure law, 245.30(2) criminal procedure law