New York A 5565: Relates to the execution of a warrant of arrest and establishes educational programs for judicial personnel on the law of searches, arrests and seizures

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A05565 Summary:

BILL NOA05565 

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SAME ASSAME AS S01402

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SPONSORJackson

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COSPNSR

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MLTSPNSR

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Amd §§690.10, 690.30, 690.35, 690.40, 690.45, 690.50 & 690.55, add §§690.60 & 690.65, CP L; add §837-y, Exec
L; amd §212, Judy L

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Relates to the execution of a warrant of arrest; authorizes the commissioner of the division of criminal justice services to establish a system to record and monitor the issuance and execution of search warrants; authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

Go to top A05565 Actions:

BILL NOA05565 

&nbsp

02/14/2025referred to codes

01/07/2026referred to codes

Go to topA05565 Committee&nbspVotes:

Go to topA05565 Floor&nbspVotes:

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

Go to topA05565 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5565

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to the execution
 of a warrant of arrest; to amend the executive law, in relation to
 authorizing the commissioner of the division of criminal justice
 services to establish a system to record and monitor the issuance and
 execution of search warrants; and to amend the judiciary law, in
 relation to authorizing the chief administrator to establish educa-
 tional programs for judicial personnel on the law of searches, arrests
 and seizures

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

 1 Section 1. The opening paragraph of section 690.10 of the criminal
 2 procedure law is amended to read as follows:
 3 Personal property is subject to seizure pursuant to a search warrant
 4 if such seizure is made in connection with a lawful arrest and there is
 5 reasonable cause to believe that it:
 6 § 2. Subdivision 2 of section 690.30 of the criminal procedure law is
 7 amended to read as follows:
 8 2. A search warrant may be executed on any day of the week. [It]
 9 Except as otherwise provided in this subdivision, a search warrant may
 10 be executed only between the hours of 6:00 A.M. and 9:00 P.M., unless
 11 the warrant expressly authorizes execution thereof at any time of the
 12 day or night, as provided in subdivision [five] six of section 690.45 of
 13 this article. Notwithstanding paragraph (a) of subdivision four of
 14 section 690.35 of this article, a search warrant based in whole or in
 15 part on the grounds set forth in paragraph (b) of subdivision four of
 16 section 690.35 of this article may be executed only between the hours of
 17 8:00 A.M. and 6:00 P.M. unless there is reasonable cause to believe that
 18 it cannot be executed between those hours because, in the case of an
 19 application for a search warrant as defined in paragraph (b) of subdivi-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04230-01-5

 A. 5565 2

 1 sion two of section 690.05 of this article, the person sought is immi-
 2 nently likely to flee or commit another violent felony, or is likely to
 3 create an imminent danger to the safety of the executing police officers
 4 or another person if not seized forthwith or between the hours of 6:00
 5 P.M. and 8:00 A.M., in which event the request must contain facts to
 6 support such application, and the court must make a finding in writing
 7 or orally on the record or in writing upon the application itself
 8 setting forth the factual basis for the issuance of the warrant pursuant
 9 to this subdivision.
 10 § 3. Subdivision 1 and paragraph (b) of subdivision 4 of section
 11 690.35 of the criminal procedure law, subdivision 1 as amended by chap-
 12 ter 679 of the laws of 1982, and paragraph (b) of subdivision 4 as
 13 amended by chapter 424 of the laws of 1998, are amended to read as
 14 follows:
 15 1. An application for a search warrant may be in writing or oral. If
 16 in writing, it must be made, subscribed and sworn to by a public servant
 17 specified in subdivision one of section 690.0