New York S 4461: Repeals certain provisions of the criminal procedure law, judiciary law and the executive law and makes conforming changes thereto; repealer

Bill Text

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 Speaker Carl E. Heastie

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S04461 Summary:

BILL NOS04461 

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SAME ASNo Same As

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SPONSORTEDISCO

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COSPNSRBORRELLO, GRIFFO, HELMING, MATTERA, OBERACKER, O'MARA, ORTT, PALUMBO, RHOADS, STEC, WEIK

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MLTSPNSR

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Amd CP L, generally; amd §§450.10, 460.80 & 480.10, Pen L; rpld §216 sub 5, Judy L; rpld §837-u, Exec L

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Provides judges with more discretion regarding securing orders and limiting the lengths of certain orders; establishes new criminal discovery rules.

Go to top S04461 Actions:

BILL NOS04461 

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02/05/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04461 Committee&nbspVotes:

Go to topS04461 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04461 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4461

 2025-2026 Regular Sessions

 IN SENATE

 February 5, 2025
 ___________

 Introduced by Sens. TEDISCO, BORRELLO, GRIFFO, HELMING, MATTERA, OBER-
 ACKER, O'MARA, ORTT, PALUMBO, STEC, WEIK -- 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 providing
 judges more discretion regarding securing orders and limiting the
 lengths of certain orders; to repeal certain provisions of the crimi-
 nal procedure law relating thereto; to amend the criminal procedure
 law and the penal law, in relation to establishing new criminal
 discovery rules; to repeal article 245 of the criminal procedure law
 relating thereto; and to repeal certain provisions of the judiciary
 law and the executive law relating to securing orders and criminal
 discovery

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 150.10 of the criminal procedure
 2 law is REPEALED.
 3 § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as
 4 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019,
 5 paragraph (a) as separately amended by section 1 of subpart B of part VV
 6 of chapter 56 of the laws of 2023 and chapter 23 of the laws of 2024,
 7 subparagraph (viii) as amended and subparagraphs (ix), (x) and (xi) of
 8 paragraph (b) as added by section 1 of subpart B of part UU of chapter
 9 56 of the laws of 2022, is amended to read as follows:
 10 1. [(a)] Whenever a police officer is authorized pursuant to section
 11 140.10 of this title to arrest a person without a warrant for an offense
 12 other than a class A, B, C or D felony or a violation of section 130.25,
 13 former section 130.40, section 205.10, 205.17, 205.19 or 215.56 of the
 14 penal law, or other than where an arrest is required to be made pursuant
 15 to subdivision four of section 140.10 of this title, the officer [shall,
 16 except as set out in paragraph (b) of this subdivision] may, subject to
 17 the provisions of subdivisions three and four of section 150.40 of this

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08913-01-5

 S. 4461 2

 1 [title] article, instead issue to and serve upon such person an appear-
 2 ance ticket.
 3 [(b) An officer is not required to issue an appearance ticket if:
 4 (i) the person has one or more outstanding local criminal court or
 5 superior court warrants;
 6 (ii) the person has failed to appear in court proceedings in the last
 7 two years;
 8 (iii) the person has been given a reasonable opportunity to make their
 9 verifiable identity and a method of contact known, and has been unable
 10 or unwilling to do so, so that a custodial arrest is necessary to
 11 subject the individual to the jurisdiction of the court. For the
 12 purposes of this section, an officer may rely on various factors to
 13 determine a person's identity, including but not limited to personal
 14 knowledge of such person, such person's self-identification, or photo-
 15 graphic identification. There is no requirement that a person present
 16 photographic identification in order to be issued an appearance ticket
 17 in lieu of arrest where the person's identity is otherwise verifiable;
 18 however, if offered by such person, an officer shall accept as evidence
 19 of identity the following: a valid driver's lice