New York A 4754: Provides judges more discretion regarding securing orders and limiting the lengths of certain orders and increases the lengths of certain prison sentences; repealer

Bill Text

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A04754 Summary:

BILL NOA04754 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBrabenec

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd CP L, generally; rpld §70.15 sub 1-a, amd §70.15, Pen L; rpld §216 sub 5, Judy L; rpld §§837-t & 837-u,
§840 sub 4 ¶(d), Exec L

&nbsp

Provides judges more discretion regarding securing orders and limiting the lengths of certain orders; increases the lengths of certain prison sentences; repeals certain provisions relating to use of force by law enforcement; repeals certain provisions relating to access to premises for discovery by the defendant and motions to vacate judgments.

Go to top A04754 Actions:

BILL NOA04754 

&nbsp

02/06/2025referred to codes

05/13/2025held for consideration in codes

01/07/2026referred to codes

Go to topA04754 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:05/13/2025AYE/NAY:16/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookAyeReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA04754 Floor&nbspVotes:

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

Go to topA04754 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4754

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 6, 2025
 ___________

 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the criminal procedure law and the penal law, in
 relation to providing judges more discretion regarding securing orders
 and limiting the lengths of certain orders and increasing the lengths
 of certain prison sentences; to repeal certain provisions of the crim-
 inal procedure law, the judiciary law, the executive law and the penal
 law relating thereto; to repeal certain provisions of the executive
 law relating to the use of force by law enforcement; and to repeal
 certain provisions of the criminal procedure law relating to discovery
 and motions to vacate judgments

 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 and subparagraph (viii) of paragraph (b) as amended and subparagraphs
 8 (ix), (x), and (xi) of paragraph (b) as added by section 1 of subpart B
 9 of part UU of chapter 56 of the laws of 2022, is amended to read as
 10 follows:
 11 1. [(a)] Whenever a police officer is authorized pursuant to section
 12 140.10 of this title to arrest a person without a warrant for an offense
 13 other than a class A, B, C or D felony or a violation of section 130.25,
 14 former section 130.40, section 205.10, 205.17, 205.19 or 215.56 of the
 15 penal law, or other than where an arrest is required to be made pursuant
 16 to subdivision four of section 140.10 of this title, the officer [shall,
 17 except as set out in paragraph (b) of this subdivision,] may, subject to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02443-01-5

 A. 4754 2

 1 the provisions of subdivisions three and four of section 150.40 of this
 2 title, instead issue to and serve upon such person an appearance 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, inc