BILL NUMBER: S660
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the criminal procedure law and the civil practice law
and rules, in relation to detaining persons for longer than twenty-four
hours
 
PURPOSE:
This act shall ensure one's pre-arraignment detention does not exceed 24
hours without individualized explanations for why such a delay in
release was unavoidable and actually necessary; it also requires cities
with a population of over 1 million to establish and maintain detained
persons registry for authorized users.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends § 140.20 of the criminal procedure law to
add a new subdivision 9 which defines "without unnecessary delay" as it
relates to pre-arraignment detention.
Section two of the bill adds a new article 3 to the criminal procedure
law which requires cities with a population of one million or more to
create and maintain a detained persons registry, the contents of which
can permit authorized users to locate detainees. Authorized users are
defined to consist of defender organizations contracted with cities to
represent criminal defendants. The agency administering the registry
must verify authorized users and at least annually purge users who no
longer meet the definition of an authorized user. The New York police
department is responsible for administering and operating the registry.
Non-authorized users may not have access to the registry, and the infor-
mation obtained by using the registry may only be used by authorized
users in furtherance of client or potential client representation.
Section three of the bill amends § 7009 of the civil practice law and
rules by adding a new subdivision (f) which presumes that any pre-arr-
aignment detention exceeding 24-hours is avoidable, unnecessary and
unlawful, unless clear and convincing evidence of compelling facts and
circumstance is provided to demonstrate that the delay was unavoidable
and actually necessary for each individual petitioner named in the writ.
Section four of the bill sets the effective date.
 
JUSTIFICATION:
In June 2020, hundreds of people in New York City alone were detained
for over 24 hours without being brought before a judge after being
arrested in a series of protests in light of the murder of George Floyd
and the Black Lives Matter movement. When public defenders petitioned
for their releases, New York City Criminal Court Judge Burke ruled the
State was permitted to hold detainees for more than 24 hours due to "a
civil unrest crisis within the overarching Covid-19 crisis." As a
result, people accused of committing crimes were forced into cramped
quarters indefinitely, posing an unnecessary risk to their health. The
protections in this bill would prevent New Yorkers from experiencing
unlawfully lengthy detention in the future, unless acceptable individ-
ualized reasons for the delay are provided.
This bill will codify a Court of Appeals ruling regarding pre-arraign-
ment detention and include some additional protections. In 1991, the New
York Court of Appeals decision in Roundtree v. New York set a 24-hour
rule for pre-arraignment detention. The Court reasoned that preliminary
police duties which must be completed pre-arraignment can easily be
accomplished within 24 hours, unless an acceptable reason for the delay
is provided. Specifically, this bill would establish that any pre-arr-
aignment detention exceeding 24 hours from arrest to arraignment consti-
tutes an "unnecessary delay" under the law, until and unless the
presumption is rebutted by clear and convincing evidence that such a
delay was actually necessary for each individual petitioner identified
in a writ of habeas corpus. To further ensure that these provisions are
met and that defense attorneys have access to those who might require
assistance with pre-arraignment issues, this bill would also require
cities with a population of one million or greater to establish and
maintain a searchable online registry to locate detainees.
 
LEGISLATIVE HISTORY:
2024: S449 (Gianaris) PASSED SENATE / A505 (Gonzalez-Rojas) died in
codes
2023: S449 (Gianaris) PASSED SENATE / A505 (Gonzalez-Rojas) died in
codes
2022: S1184-A (Gianaris) PASSED SENATE / A9734 (Gonzalez-Rojas) died in
codes
2021: S1184-A (Gianaris) PASSED SENATE / A5264-C (Richardson) ordered to
third reading
2020: S8707-A (Gianaris) PASSED SENATE / A10884-A (Richardson) died in
codes
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S660: 140.20 criminal procedure law, 7009 civil practice law