Bill Text: NY S07204 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the waiver of the execution of a warrant in certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-10 - REFERRED TO CODES [S07204 Detail]

Download: New_York-2019-S07204-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7204

                    IN SENATE

                                    January 10, 2020
                                       ___________

        Introduced  by Sen. STAVISKY -- 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 the waiver of
          the execution of a warrant in certain circumstances

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

     1    Section  1. Section 120.80 of the criminal procedure law is amended by
     2  adding a new subdivision 6 to read as follows:
     3    6. (a) Whenever a police officer is  aware  of  a  warrant  of  arrest
     4  issued by a court in this state for  person and such officer has contact
     5  with  the person because the person is requesting or receiving emergency
     6  medical assistance or medical forensic services for sexual assault at  a
     7  medical  facility,  if the warrant of arrest is not for a violent felony
     8  offense as defined in section 70.02 of the  penal  law,  or  an  alleged
     9  violation  of  parole or mandatory supervised release, the officer shall
    10  contact the  prosecuting  authority  of  the  jurisdiction  issuing  the
    11  warrant, or if that prosecutor is not available, the prosecuting author-
    12  ity  for  the  jurisdiction  that covers the medical facility to request
    13  waiver of the prompt execution of the warrant. The prosecuting authority
    14  may secure a court order waiving the immediate execution of the  warrant
    15  and  provide  a copy to the police officer. As used in this  subdivision
    16  "sexual assault" means an offense defined in article one hundred  thirty
    17  or  two  hundred  sixty-three  of  the  penal law, or in section 255.25,
    18  255.26 or 255.27 of the penal law, or an attempt to commit  any  of  the
    19  foregoing offenses.
    20    (b)  Whenever  a  police officer has a warrant of arrest for a person,
    21  subject to the same limitations  described  in  paragraph  (a)  of  this
    22  subdivision,  and the police officer has contact with the person because
    23  the person reported that he or she was  sexually  assaulted  within  the
    24  past  seven  days, the officer shall notify the person that if he or she
    25  chooses to go to a medical facility to seek any services related to such
    26  incident, the officer shall inform the prosecuting authority to  request
    27  waiver of the prompt execution of the warrant.
    28    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14549-01-9