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: New York Supreme Court Criminal Term Library

New York Legislature: Activity Report for Week Ending February 22, 2009 - Criminal Procedure Law

By David Badertscher, PLL

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Source: New York Legislatve Retrieval System (LRS), Search run February 22, 2009

No Chapter Laws reported as signed during this period.

To retrieve the text of any of the New York bills listed below, go to http://public.leginfo.state.ny.us/menuf.cgi and enter bill number exactly as indicated:

CRIMINAL PROCEDURE LAW:

Bill No.
S2167	PARKER -- Enacts the "Clear Your Good Name Act"; requires all state and municipal law enforcement agencies to expunge references to and records of voidable arrests Same as A 3350 BLURB : CP L. expunge voidable arrests Last Act: 02/12/09 REFERRED TO CODES

Last Action Date: 02/13/09(Results Count = )
Bill No.
A5377	Errigo (MS) -- Makes reports from the statewide central register of child abuse and maltreatment available to probation services No Same as BLURB : Soc Serv. access; child abuse reg Last Act: 02/13/09 referred to children and families
A5378	Errigo (MS) -- Requires disclosure of criminal records relating to regulating child day care facilities No Same as BLURB : Soc Serv. criminal records;day cr Last Act: 02/13/09 referred to children and families
A5382	Koon (MS) -- Establishes the Police Officer Safety Act No Same as BLURB : Pen L. Police Offcr Sfty Act Last Act: 02/13/09 referred to codes
A5455	Spano (MS) -- Allows current and retired police officers free fare to ride the trains and buses operated by the metropolitan transportation authority No Same as BLURB : Pub Aut. polic ride free MTA Last Act: 02/13/09 referred to corporations, authorities and commissions
A5457	Titus (MS) -- Provides for disclosure of prior denials, if any, in application for a search warrant No Same as BLURB : CP L. search warrant applications Last Act: 02/13/09 referred to codes
A5465	Kolb (MS) -- Relates to sentencing procedures in capital punishment cases Same as Uni. S 2235 BLURB : CP L. cap. punishment; sentencing Last Act: 02/13/09 referred to codes
A5489	Hikind (MS) -- Permits peace officers and police officers to consider the ethnicity of a person as one of multiple factors to identify a terrorist suspect No Same as BLURB : Exec. terrorist profile Last Act: 02/13/09 referred to governmental operations
A5490	McKevitt (MS) -- Provides for the admission of evidence of proof of similar offenses in criminal and civil proceedings involving the commission of a sex offense No Same as BLURB : CP L. proof of prior offen sex cr Last Act: 02/13/09 referred to codes
A5491	McKevitt (MS) -- Relates to corporate defendants No Same as BLURB : CP L. judgmnt ag corp def Last Act: 02/13/09 referred to codes
A5496	Titus (MS) -- Changes the juvenile delinquent status age from sixteen to seventeen years of age No Same as BLURB : Fam Ct. delinquent status Last Act: 02/13/09 referred to children and families
A5505	Boyland -- Provides that statements of defendants in custody must be electronically recorded in order to be admitted in evidence No Same as BLURB : CP L. state to be elect record Last Act: 02/13/09 referred to codes
A5507	Ball (MS) -- Prohibits sale of dogs and cats by animal facilities under inhumane conditions No Same as BLURB : Gen Bus L. dogs, cats: inhumane Last Act: 02/13/09 referred to agriculture
A5516	John (MS) -- Exempts parties liable for failure to obey or enforce domestic violence orders of protection or temporary orders of protection from limited liability provisions No Same as BLURB : CPLR. ex lim lia: dom viol order Last Act: 02/13/09 referred to codes
A5542	Titus (MS) -- Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless the people show good cause No Same as BLURB : CP L. exoneration of bail Last Act: 02/13/09 referred to codes
A5592	Oaks (MS) -- Makes provisions relating to grand jury proceedings and operations No Same as BLURB : CP L. grand jury proceedings Last Act: 02/13/09 referred to codes
A5594	Oaks (MS) -- Makes it a ministerial process to amend a license to carry or possess a firearm No Same as BLURB : Pen L. firearm lic. amd Last Act: 02/13/09 referred to codes
A5596	Oaks (MS) -- Permits corrective remedies for violations of certain discovery rules in criminal proceedings only when substantial rights of the party are affected No Same as BLURB : CP L. corrective remedies Last Act: 02/13/09 referred to codes
S2209	DIAZ -- Provides for the expungement of unsustained allegations of abuse and the sealing of records; repealer Same as A 1802 BLURB : Pub Heal. allegations of abuse Last Act: 02/13/09 REFERRED TO HEALTH
S2235	VOLKER -- Relates to sentencing procedures in capital punishment cases Same as Uni. A 5465 BLURB : CP L. cap. punishment; sentencing Last Act: 02/13/09 REFERRED TO CODES
S2240	VOLKER -- Enacts the "criminal procedure law reform act" No Same as BLURB : CP L. crim. proc. law reform act Last Act: 02/13/09 REFERRED TO CODES

Last Action Date: 02/17/09(Results Count = )
Bill No.
A5633	Aubry (MS) -- Allows petitions to conditionally seal certain drug convictions No Same as BLURB : CP L. condtnl sealing drug cnvctn Last Act: 02/17/09 referred to codes
S2254	SCHNEIDERMAN -- Requires the court to advise aliens of deportation consequences of guilty plea; allows guilty plea withdrawal No Same as BLURB : CP L. aliens, plea of guilty Last Act: 02/17/09 REFERRED TO CODES
S2260	YOUNG -- Designates the dog control officer of the city of Salamanca as a peace officer No Same as BLURB : CP L. Salamanca dog control off. Last Act: 02/17/09 REFERRED TO CODES

Last Action Date: 02/18/09(Results Count = )
Bill No.
S2326	PADAVAN -- Permits district attorneys to appeal bail decisions Same as A 5731 BLURB : CP L. appeals of bail decision Last Act: 02/18/09 REFERRED TO CODES
S2345	SCHNEIDERMAN -- Requires audio and video recording of statements made during criminal interrogations of felony offenses No Same as BLURB : CP L. interogtn statmt recording Last Act: 02/18/09 REFERRED TO CODES
S2353	SAMPSON -- Makes a technical correction to chapter 326 of the laws of 2008, for the expiration of family courts to hear certain ex parte applications for orders of protection Same as A 4393 BLURB : Ord. of protect: family court Last Act: 02/18/09 REFERRED TO JUDICIARY

Last Action Date: 02/19/09(Results Count = )
Bill No.
A2705	Gantt (MS) -- Permits certain persons to commence an action for unjust conviction in the court of claims No Same as BLURB : Bring action - unjust conviction Last Act: 02/19/09 advanced to third reading cal.99
A3325	Pretlow (MS) -- Relates to the jurisdiction of a coroner or medical examiner No Same as BLURB : County. coroner/M.E. juris Last Act: 02/19/09 advanced to third reading cal.109
A3492	Aubry (MS) -- Provides inmates and parolees with access to pre-sentence reports No Same as BLURB : Cor. inmates and paro acc. Last Act: 02/19/09 advanced to third reading cal.114
A3769	Aubry (MS) -- Establishes defendants and inmates shall be entitled to receive a copy of their criminal records at certain times Same as S 2495 BLURB : Cor. inmates copy of crmnl rcrds Last Act: 02/19/09 advanced to third reading cal.118
A4320	O'Donnell (MS) -- Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection to inquire as to the possession of a firearm by the defendant or respondent Same as S 1647 BLURB : CP L. order protec; firearms Last Act: 02/19/09 advanced to third reading cal.121
A4393	Weinstein -- Makes a technical correction to chapter 326 of the laws of 2008, for the expiration of family courts to hear certain ex parte applications for orders of protection Same as S 2353 BLURB : Ord. of protect: family court Last Act: 02/19/09 advanced to third reading cal.122
A5705	Weinstein (MS) -- Provides limits on the duration of an order of protection depending on the level of the conviction No Same as BLURB : CP L. order of protection; dur. Last Act: 02/19/09 referred to codes
A5708	Lopez V (MS) -- Relates to the timeliness of commencing certain civil actions related to sex offenses No Same as BLURB : CP L. infancy statutes of limitat Last Act: 02/19/09 referred to codes
A5709	Conte (MS) -- Designates uniformed officers of the fire marshal's office of the town of Huntington as peace officers; repealer Same as Uni. S 2407 BLURB : CP L. Huntington fire marshal's Last Act: 02/19/09 referred to codes
A5710	Gottfried (MS) -- Prohibits discrimination based on gender identity or expression and includes offenses regarding gender identity or expression under the hate crimes statute Same as Uni. S 2406 BLURB : Exec. ban gender idnty discrimntn Last Act: 02/19/09 referred to governmental operations
A5730	Hayes (MS) -- Provides that the people must be ready for trial within sixty days of the commencement of a criminal action when the defendant is charged with a traffic infraction No Same as BLURB : CP L. 60 day spdy trl trfc infrc Last Act: 02/19/09 referred to codes
A5731	Hayes (MS) -- Permits district attorneys to appeal bail decisions Same as S 2326 BLURB : CP L. appeals of bail decision Last Act: 02/19/09 referred to codes
A5734	Perry -- Requires a police officer or peace officer who discharges his or her weapon under circumstances where a person could be struck by a bullet to immediately report the incident No Same as BLURB : Exec. report of weapon dischar Last Act: 02/19/09 referred to codes
S2405	VOLKER -- Relates to a sentence of parole No Same as BLURB : CP L. sentence of parole Last Act: 02/19/09 REFERRED TO CODES
S2406	DUANE -- Prohibits discrimination based on gender identity or expression and includes offenses regarding gender identity or expression under the hate crimes statute Same as Uni. A 5710 BLURB : Exec. ban gender idnty discrimntn Last Act: 02/19/09 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
S2407	FLANAGAN -- Designates uniformed officers of the fire marshal's office of the town of Huntington as peace officers; repealer Same as Uni. A 5709 BLURB : CP L. Huntington fire marshal's Last Act: 02/19/09 REFERRED TO CODES

Last Action Date: 02/20/09(Results Count = )
Bill No.
A5773	Alessi (MS) -- Expands the scope of areas from which sex offenders are prohibited from knowingly entering and provides that sex offender registrants shall refrain from such areas Same as Uni. S 2446 BLURB : Pen L. sex offender prohibit area Last Act: 02/20/09 referred to codes
A5821	Hayes (MS) -- Repeals the highway use tax, also known as the ton-mile tax; repealer No Same as BLURB : Tax. repeal ton-mile tax Last Act: 02/20/09 referred to ways and means
A5822	Hayes (MS) -- Mandates arresting police officers of rape suspects to cause suspects to be given HIV test No Same as BLURB : CP L. rape defendant HIV testing Last Act: 02/20/09 referred to codes
A5825	McKevitt (MS) -- Relates to the enforcement of orders of restitution or reparation No Same as BLURB : CP L. enf. restit. or repartn. Last Act: 02/20/09 referred to codes
S2446	LAVALLE -- Expands the scope of areas from which sex offenders are prohibited from knowingly entering and provides that sex offender registrants shall refrain from such areas Same as Uni. A 5773 BLURB : Pen L. sex offender prohibit area Last Act: 02/20/09 REFERRED TO CODES

Full post as published by New York Supreme Court Criminal Term Library on February 23, 2009 (boomark / email).