New York A 11027: Relates to detaining persons for longer than twenty-four hours

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A11027 Summary:

BILL NOA11027A

&nbsp

SAME ASSAME AS S00660-A

&nbsp

SPONSORGonzalez-Rojas

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §140.20, CP L; amd §7009, CPLR

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Relates to detaining persons for longer than twenty-four hours.

Go to top A11027 Actions:

BILL NOA11027A

&nbsp

04/23/2026referred to codes

06/02/2026amend and recommit to codes

06/02/2026print number 11027a

Go to topA11027 Committee&nbspVotes:

Go to topA11027 Floor&nbspVotes:

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

Go to topA11027 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11027--A

 IN ASSEMBLY

 April 23, 2026
 ___________

 Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the
 Committee on Codes -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 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

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

 1 Section 1. Section 140.20 of the criminal procedure law is amended by
 2 adding a new subdivision 9 to read as follows:
 3 9. For purposes of this section, "without unnecessary delay" shall
 4 mean promptly, and in any event before twenty-four hours or less have
 5 expired, commencing at the time of the person being taken into custody
 6 by such police officer, or any person acting on behalf of a police offi-
 7 cer, even when no arrest number has been issued. The failure or inabili-
 8 ty of any government agency to fulfill the requirements of this section,
 9 shall require the immediate release from custody of any person so held.
 10 § 2. Section 7009 of the civil practice law and rules is amended by
 11 adding a new subdivision (f) to read as follows:
 12 (f) Persons detained for longer than twenty-four hours. For purposes
 13 of this article, when a writ of habeas corpus is heard challenging the
 14 pre-arraignment detention of a person detained for more than twenty-four
 15 hours, there shall be an evidentiary presumption that such detention,
 16 without arraignment, was avoidable, unnecessary and unlawful as defined
 17 in section 140.20 of the criminal procedure law, until and unless such
 18 presumption is rebutted by clear and convincing evidence of compelling
 19 facts and circumstance demonstrating that such delay was unavoidable and
 20 actually necessary for each individual petitioner identified in the
 21 writ.
 22 § 3. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01618-03-6

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