New York S 660: Relates to detaining persons for longer than twenty-four hours

Bill Text

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S00660 Summary:

BILL NOS00660A

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SAME ASSAME AS A11027-A

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SPONSORGIANARIS

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COSPNSRBAILEY, BRISPORT, BROUK, HOYLMAN-SIGAL, JACKSON, KRUEGER, LIU, MAY, RIVERA, SALAZAR, SERRANO,
 STAVISKY

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MLTSPNSR

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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 S00660 Actions:

BILL NOS00660A

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01/08/2025REFERRED TO CODES

01/27/20251ST REPORT CAL.177

01/28/20252ND REPORT CAL.

02/03/2025ADVANCED TO THIRD READING 

05/20/2025PASSED SENATE

05/20/2025DELIVERED TO ASSEMBLY

05/20/2025referred to codes

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CODES

01/28/20261ST REPORT CAL.202

01/29/20262ND REPORT CAL.

02/03/2026ADVANCED TO THIRD READING 

06/01/2026AMENDED ON THIRD READING 660A

06/05/2026COMMITTED TO RULES

Go to topS00660 Committee&nbspVotes:

Go to topS00660 Floor&nbspVotes:

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

Go to topS00660 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 660--A
 Cal. No. 202

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GIANARIS, BAILEY, BRISPORT, BROUK, JACKSON, KRUEGER,
 LIU, RIVERA, SALAZAR, SERRANO, STAVISKY -- read twice and ordered
 printed, and when printed to be committed to the Committee on Codes --
 recommitted to the Committee on Codes in accordance with Senate Rule
 6, sec. 8 -- reported favorably from said committee, ordered to first
 and second report, ordered to a third reading, amended and ordered
 reprinted, retaining its place in the order of third reading

 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01618-02-6

 S. 660--A 2

 1 facts and circumstance demonstrating that such delay was unavoidable and
 2 actually necessary for each individual petitioner identified in the
 3 writ.
 4 § 3. This act shall take effect immediately.

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