S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1278
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  ADAMS  -- 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 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. Subdivision 2 of section 690.30 of the  criminal  procedure
    2  law is amended to read as follows:
    3    2.    A  search  warrant may be executed on any day of the week.  [It]
    4  EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, A SEARCH  WARRANT  may
    5  be  executed  only  between the hours of 6:00 A.M. and 9:00 P.M., unless
    6  the warrant expressly authorizes execution thereof at any  time  of  the
    7  day or night, as provided in subdivision [five] SIX of section 690.45 OF
    8  THIS  ARTICLE.    NOTWITHSTANDING  PARAGRAPH  (A) OF SUBDIVISION FOUR OF
    9  SECTION 690.35 OF THIS ARTICLE, A SEARCH WARRANT BASED IN  WHOLE  OR  IN
   10  PART  ON  THE  GROUNDS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION FOUR OF
   11  SECTION 690.35 OF THIS ARTICLE MAY BE EXECUTED ONLY BETWEEN THE HOURS OF
   12  9:00 A.M. AND 6:00 P.M. UNLESS THERE IS REASONABLE CAUSE TO BELIEVE THAT
   13  IT CANNOT BE EXECUTED BETWEEN  THOSE  HOURS  BECAUSE  (I)  THE  PROPERTY
   14  SOUGHT SHALL BE REMOVED OR DESTROYED IF NOT SEIZED FORTHWITH, OR (II) IN
   15  THE  CASE OF AN APPLICATION FOR A SEARCH WARRANT AS DEFINED IN PARAGRAPH
   16  (B) OF SUBDIVISION TWO OF SECTION 690.05 OF  THIS  ARTICLE,  THE  PERSON
   17  SOUGHT  IS  LIKELY  TO FLEE OR COMMIT ANOTHER CRIME, OR MAY ENDANGER THE
   18  SAFETY OF THE EXECUTING POLICE OFFICERS OR ANOTHER PERSON IF NOT  SEIZED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00633-01-3
       S. 1278                             2
    1  FORTHWITH  OR  BETWEEN  THE  HOURS  OF 6:00 P.M. AND 9:00 A.M., IN WHICH
    2  EVENT THE REQUEST MUST CONTAIN FACTS TO SUPPORT  SUCH  APPLICATION,  AND
    3  THE  COURT  MUST MAKE A FINDING IN WRITING OR ORALLY ON THE RECORD OR IN
    4  WRITING  UPON THE APPLICATION ITSELF SETTING FORTH THE FACTUAL BASIS FOR
    5  THE ISSUANCE OF THE WARRANT PURSUANT TO THIS SUBDIVISION.
    6    S 2. Subdivision 1 of section 690.35 of the criminal procedure law, as
    7  amended by chapter 679 of the laws  of  1982,  is  amended  to  read  as
    8  follows:
    9    1.  An  application for a search warrant may be in writing or oral. If
   10  in writing, it must be made, subscribed and sworn to by a public servant
   11  specified in subdivision one of section 690.05  OF  THIS  ARTICLE.    If
   12  oral, it must be made by such a public servant and sworn to and recorded
   13  in  the  manner provided in section 690.36 OF THIS ARTICLE.  AN APPLICA-
   14  TION FOR A SEARCH WARRANT BASED EITHER IN WHOLE OR IN PART ON  PARAGRAPH
   15  (B) OF SUBDIVISION FOUR OF THIS SECTION, MUST BE MADE TO A COURT BETWEEN
   16  THE  HOURS  OF  6:00  A.M. AND 9:00 P.M. UNLESS CIRCUMSTANCES REASONABLY
   17  REQUIRE THAT SUCH APPLICATION BE MADE AT ANOTHER TIME,  IN  WHICH  EVENT
   18  SUCH CIRCUMSTANCES SHALL BE STATED IN THE APPLICATION FOR THE WARRANT.
   19    S  3.    Section  690.35  of  the criminal procedure law is amended by
   20  adding a new subdivision 5 to read as follows:
   21    5. WHEN MAKING AN APPLICATION BASED EITHER IN  WHOLE  OR  IN  PART  ON
   22  PARAGRAPH  (B)  OF  SUBDIVISION FOUR OF THIS SECTION, IN ADDITION TO THE
   23  OTHER REQUIREMENTS FOR AN APPLICATION FOR A SEARCH WARRANT,  THE  APPLI-
   24  CANT  MUST  ASCERTAIN,  TO  THE  EXTENT REASONABLY POSSIBLE, WHETHER ANY
   25  PARTIES OTHER THAN ANY SUBJECT OF THE SEARCH WARRANT  SHALL  BE  PRESENT
   26  WHEN  THE WARRANT IS EXECUTED, AND IF SO, THE AGE AND PHYSICAL CONDITION
   27  OF THE PARTIES, AND REASONABLE ALTERNATIVES TO EXECUTING SUCH WARRANT IN
   28  THE PRESENCE OF SUCH INDIVIDUALS.   THE RESULTS  OF  SUCH  INVESTIGATION
   29  SHALL  BE  INCLUDED IN THE APPLICATION AND CONFORM WITH THE REQUIREMENTS
   30  OF PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
   31    S 4. Subdivision 1 of section 690.40 of the criminal procedure law  is
   32  amended to read as follows:
   33    1.  (A)  In  determining an application for a search warrant the court
   34  may examine, under oath, any person whom it believes may possess  perti-
   35  nent  information.    Any  such  examination  must be either recorded or
   36  summarized on the record by the court.
   37    (B) IN DETERMINING AN APPLICATION FOR A SEARCH WARRANT  BASED,  EITHER
   38  IN  WHOLE  OR  IN  PART,  UPON THE GROUNDS DESCRIBED IN PARAGRAPH (B) OF
   39  SUBDIVISION FOUR OF SECTION 690.35 OF  THIS  ARTICLE,  THE  COURT  SHALL
   40  STATE,  WITH SPECIFICITY, IN WRITING OR ORALLY ON THE RECORD OR IN WRIT-
   41  ING UPON THE APPLICATION FOR THE WARRANT ITSELF, THE FACTUAL  BASIS  FOR
   42  THE ISSUANCE OF THE WARRANT PURSUANT TO SUCH PARAGRAPH.
   43    S 5. Subdivision 6 of section 690.45 of the criminal procedure law, as
   44  renumbered  by  chapter  679  of the laws of 1982, is amended to read as
   45  follows:
   46    6.  A direction that the warrant be executed between the hours of 6:00
   47  A.M. and 9:00 P.M., or, where the court has specially so determined,  an
   48  authorization  for  execution  thereof  at  any time of the day or night
   49  UNLESS THE WARRANT HAS BEEN OBTAINED BASED ON AN  APPLICATION  BASED  IN
   50  WHOLE  OR IN PART ON PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 690.35
   51  OF THIS ARTICLE, IN WHICH EVENT THE PROVISIONS  OF  SUBDIVISION  TWO  OF
   52  SECTION  690.30  OF THIS ARTICLE RELATING TO THE TIME FOR EXECUTING SUCH
   53  WARRANTS SHALL APPLY; and
   54    S 6. Section 690.50 of the criminal procedure law is amended by adding
   55  a new subdivision 7 to read as follows:
       S. 1278                             3
    1    7. UPON SEIZING PROPERTY OR ARRESTING A PERSON PURSUANT  TO  A  SEARCH
    2  WARRANT  ISSUED  UNDER  THIS ARTICLE, IN ADDITION TO THE REQUIREMENTS OF
    3  SUBDIVISIONS FIVE AND SIX OF THIS SECTION, THE POLICE OFFICER SHALL FILE
    4  A REPORT WITH THE COURT THAT ISSUED SUCH WARRANT IN A FORM PRESCRIBED BY
    5  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES PURSUANT TO SECTION EIGHT
    6  HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW,  SPECIFYING  THE  FOLLOWING
    7  INFORMATION:
    8    (A)  IF  APPLICABLE,  THE SUBPARAGRAPH OF PARAGRAPH (B) OF SUBDIVISION
    9  FOUR OF SECTION 690.35 OF THIS  ARTICLE  UPON  WHICH  SUCH  WARRANT  WAS
   10  BASED;
   11    (B) THE OFFICER AND AGENCY WHICH OBTAINED THE WARRANT;
   12    (C) THE PROSECUTOR AND PROSECUTING OFFICE WHICH DRAFTED THE WARRANT;
   13    (D) WHETHER THE FACTS CONTAINED IN THE SUPPORTING AFFIDAVIT WERE BASED
   14  UPON  A  CONFIDENTIAL INFORMANT, OR AN IDENTIFIED CITIZEN INFORMANT OR A
   15  POLICE OFFICER, NONE OF WHOM MUST BE NAMED;
   16    (E) THE DATE AND TIME THE SEARCH WARRANT WAS APPLIED FOR AND THE  DATE
   17  AND TIME THE SEARCH WARRANT WAS SIGNED;
   18    (F) THE DATE AND TIME THE SEARCH WARRANT WAS EXECUTED;
   19    (G) THE JUDGE WHO SIGNED AND THE COURT THAT ISSUED THE WARRANT;
   20    (H)  WHETHER THE APPLICATION FOR THE WARRANT ISSUED HAD BEEN SUBMITTED
   21  TO ANOTHER JUDGE OTHER THAN THE JUDGE WHO ISSUED THE WARRANT  FOR  WHICH
   22  THE REPORT IS SUBMITTED AND IF SO, WHEN SUCH APPLICATION OR APPLICATIONS
   23  WERE MADE AND THE RESULT OF EACH SUCH APPLICATION;
   24    (I)  THE  AGE, SEX AND RACE OF THE INDIVIDUAL TO WHOM SUCH WARRANT WAS
   25  DIRECTED;
   26    (J) WHETHER PHYSICAL FORCE OR DEADLY FORCE WAS USED IN EXECUTING  SUCH
   27  WARRANT;
   28    (K) IF PHYSICAL OR DEADLY FORCE WAS USED:
   29    (I)  WHETHER  ANY INDIVIDUAL WAS INJURED OR KILLED AND IF SO, THE AGE,
   30  SEX AND RACE OF EACH SUCH PERSON; AND
   31    (II) THE STATUS OF EACH SUCH PERSON, SPECIFYING WHETHER EACH  WAS  THE
   32  SUBJECT OF THE SEARCH WARRANT, A POLICE OFFICER, OR A THIRD-PARTY;
   33    (L)  THE  ADDRESS  WHERE THE WARRANT WAS EXECUTED INCLUDING THE STREET
   34  ADDRESS, CITY OR TOWN, COUNTY AND ZIP CODE;
   35    (M) THE RESULT OF EXECUTING THE WARRANT, SPECIFYING WHETHER:
   36    (I) EVIDENCE WAS SEIZED; AND
   37    (II) ANY INDIVIDUALS WERE ARRESTED, AND IF SO, WHETHER THE SUBJECT  OF
   38  THE  WARRANT  WAS ARRESTED OR OTHER INDIVIDUALS NOT NAMED IN THE WARRANT
   39  WERE ARRESTED; AND
   40    (N) WHETHER ANY PROPERTY WAS DAMAGED DURING THE  COURSE  OF  EXECUTING
   41  THE WARRANT AND A DESCRIPTION THEREOF.
   42    S  7.  The  criminal  procedure law is amended by adding a new section
   43  690.60 to read as follows:
   44  S 690.60 SEARCH WARRANTS; MONETARY RESTITUTION.
   45    1. FOLLOWING THE EXECUTION OF A  SEARCH  WARRANT  ISSUED  PURSUANT  TO
   46  PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 690.35 OF THIS ARTICLE, THE
   47  OWNER  OF  THE  PLACE OR PREMISES AT WHICH SUCH WARRANT WAS EXECUTED AND
   48  THE OWNER OF ANY PROPERTY LOCATED AT SUCH PREMISES SHALL BE ENTITLED  TO
   49  MONETARY RESTITUTION, PAID PROMPTLY BY THE STATE OR MUNICIPALITY EMPLOY-
   50  ING  THE OFFICIALS WHO EXECUTED THE WARRANT, FOR A PREMISES, OR ANY PART
   51  THEREOF, AND ANY ITEMS OF PROPERTY AT SUCH PREMISES THAT WERE DAMAGED OR
   52  DESTROYED AS A PART OF THE EXECUTION OF SUCH WARRANT UPON SUCH PREMISES,
   53  UNLESS SUCH OWNER OF SUCH PREMISES OR PROPERTY IS:
   54    (A) CONVICTED OF A CRIME INVOLVING  OR  RELATING  TO  PROPERTY  SEIZED
   55  PURSUANT TO SUCH WARRANT; OR
       S. 1278                             4
    1    (B)  CONVICTED  OF A CRIME INVOLVING OR RELATING TO THE SEARCH WARRANT
    2  FOR SUCH PREMISES ISSUED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
    3  SECTION 690.05 OF THIS ARTICLE.
    4    2.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED AS AFFECTING ANY OTHER
    5  RIGHT, DUTY OR CAUSE OF ACTION THAT MAY EXIST WITH RESPECT TO ANY  PREM-
    6  ISES,  OR PART THEREOF, OR ANY PROPERTY THAT MAY BE DAMAGED OR DESTROYED
    7  AS A RESULT OF ANY SUCH ARREST OR SEARCH.
    8    S 8. The executive law is amended by adding a  new  section  837-s  to
    9  read as follows:
   10    S  837-S.  ESTABLISH A FORM AND SYSTEM TO RECORD AND MONITOR THE ISSU-
   11  ANCE AND EXECUTION OF  SEARCH  WARRANTS.    1.  THE  COMMISSIONER  SHALL
   12  PRESCRIBE THE FORM OF DOCUMENT TO BE USED BY EVERY LAW ENFORCEMENT AGEN-
   13  CY  OF  THE  STATE  AND  OF EACH MUNICIPALITY, CITY, TOWN AND VILLAGE TO
   14  ACCOMPANY A REPORT TO BE PREPARED IN ACCORDANCE WITH  SUBDIVISION  SEVEN
   15  OF SECTION 690.50 OF THE CRIMINAL PROCEDURE LAW.
   16    2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM TO RECORD AND MONITOR THE
   17  ISSUANCE AND EXECUTION OF SEARCH WARRANTS BY EVERY LAW ENFORCEMENT AGEN-
   18  CY  IN  THE  STATE  OF NEW YORK. EVERY COURT THAT ISSUES SEARCH WARRANTS
   19  SHALL FILE ON OR BEFORE THE THIRTY-FIRST DAY OF DECEMBER  OF  EACH  YEAR
   20  WITH  THE  COMMISSIONER,  A  COPY OF EACH FORM FILED WITH SUCH COURT AND
   21  PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION,  RETAINING  THE  ORIGINAL
   22  COPY  OF SUCH FORM WITH THE COURT. THE COMMISSIONER SHALL COLLECT, PROC-
   23  ESS AND ANALYZE SUCH INFORMATION CONTAINED IN SUCH REPORTS, AND ISSUE  A
   24  REPORT  BY  THE  THIRTIETH  DAY OF JUNE OF EACH YEAR WHICH SHALL BE MADE
   25  PUBLIC AND A COPY OF WHICH SHALL BE SENT TO THE OFFICE OF COURT ADMINIS-
   26  TRATION, EACH LAW ENFORCEMENT AGENCY, EACH CIVIL COMPLAINT REVIEW  BOARD
   27  WITH  JURISDICTION  OVER  A POLICE OR LAW ENFORCEMENT AGENCY, AND TO THE
   28  ATTORNEY GENERAL OF THE STATE OF NEW YORK.
   29    S 9. Section 212 of the judiciary law  is  amended  by  adding  a  new
   30  subdivision 3 to read as follows:
   31    3.  THE  CHIEF ADMINISTRATOR SHALL ALSO FORMULATE, ESTABLISH AND MAIN-
   32  TAIN EDUCATIONAL PROGRAMS, SEMINARS  AND  INSTITUTES  FOR  THE  JUDICIAL
   33  PERSONNEL  OF  THE  UNIFIED  COURT  SYSTEM, TO BE SCHEDULED ON AN ANNUAL
   34  BASIS, OR IF THE CIRCUMSTANCES WARRANT, MORE FREQUENTLY, ON THE  LAW  OF
   35  SEARCHES,  ARRESTS AND SEIZURES UNDER THE LAWS OF THE STATE OF NEW YORK,
   36  WITH EMPHASIS ON THE APPROPRIATE  STANDARDS  FOR  THE  ISSUANCE  OF  ALL
   37  WARRANTS AUTHORIZED UNDER THE CRIMINAL PROCEDURE LAW.
   38    S  10.  This  act  shall  take effect on the one hundred eightieth day
   39  after it shall have become a  law;  provided,  however,  that  effective
   40  immediately,  the addition, amendment and/or repeal of any rule or regu-
   41  lation necessary for the implementation of this  act  on  its  effective
   42  date  are  authorized and directed to be made and completed on or before
   43  such effective date.