Relates to detaining persons for longer than twenty-four hours

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          11027

                                  I N  A S S E M B L Y

                                     April 23, 2026
                                       ___________

        Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
          Committee on Codes

        AN ACT to amend the criminal procedure law and the  civil  practice  law
          and  rules,  in  relation to detaining persons for longer than twenty-
          four hours

          THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section  1. Section 140.20 of the criminal procedure law is amended by
     2  adding a new subdivision 9 to read as follows:
     3    9. FOR PURPOSES OF THIS SECTION,  "WITHOUT  UNNECESSARY  DELAY"  SHALL
     4  MEAN  PROMPTLY,  AND  IN ANY EVENT BEFORE TWENTY-FOUR HOURS OR LESS HAVE
     5  EXPIRED, COMMENCING AT THE TIME OF THE PERSON BEING TAKEN  INTO  CUSTODY
     6  BY SUCH POLICE OFFICER, OR ANY PERSON ACTING ON BEHALF OF A POLICE OFFI-
     7  CER, EVEN WHEN NO ARREST NUMBER HAS BEEN ISSUED. THE FAILURE OR INABILI-
     8  TY OF ANY GOVERNMENT AGENCY TO FULFILL THE REQUIREMENTS OF THIS SECTION,
     9  SHALL REQUIRE THE IMMEDIATE RELEASE FROM CUSTODY OF ANY PERSON SO HELD.
    10    §  2.  The criminal procedure law is amended by adding a new article 3
    11  to read as follows:
    12                                  ARTICLE 3
    13                          DETAINED PERSONS REGISTRY
    14  SECTION 3.10 DETAINED PERSONS REGISTRY.
    15  § 3.10 DETAINED PERSONS REGISTRY.
    16    1. CITIES WITH A POPULATION OF ONE MILLION OR MORE SHALL ESTABLISH AND
    17  MAINTAIN A SEARCHABLE ONLINE REGISTRY, CONSISTING OF  THE  NAMES,  AGES,
    18  AND  LOCATIONS  OF PERSONS TAKEN INTO CUSTODY BY A POLICE DEPARTMENT FOR
    19  ANY REASON, WHICH WILL PERMIT AUTHORIZED USERS TO LOCATE SUCH PERSONS.
    20    2. SUCH INFORMATION SHALL BE ENTERED INTO THE REGISTRY AT THE MOMENT A
    21  PERSON IS TAKEN INTO CUSTODY, AND UPON  THE  ISSUANCE  OF  ANY  TYPE  OF
    22  APPEARANCE TICKET, SUMMONS OR UPON THE ARRAIGNMENT OF ANY PERSON ENTERED
    23  INTO  THIS REGISTRY, OR UPON THE RELEASE OF ANY PERSON ENTERED INTO THIS
    24  REGISTRY FROM DETENTION, ANY AND ALL DATA RELATED THERETO SHALL BE IMME-
    25  DIATELY REMOVED FROM THE REGISTRY, DESTROYED AND RENDERED UNAVAILABLE TO
    26  ANY ENTITY FOR ANY PURPOSE.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01618-01-5
        A. 11027                            2

     1    3.  FOR THE PURPOSES OF THIS SECTION, AUTHORIZED USERS SHALL BE LIMIT-
     2  ED TO DEFENDER ORGANIZATIONS CONTRACTED WITH CITIES TO REPRESENT  CRIMI-
     3  NAL  DEFENDANTS.  THE AGENCY ADMINISTERING THE REGISTRY SHALL BE CHARGED
     4  WITH ENSURING THAT AUTHORIZED USERS ARE EMPLOYED BY SUCH DEFENDER ORGAN-
     5  IZATIONS AND SHALL REQUIRE LOGIN CREDENTIALS AVAILABLE ONLY TO EMPLOYEES
     6  OF  SUCH  ORGANIZATIONS. THE ADMINISTERING AGENCY SHALL CONDUCT AN AUDIT
     7  AT LEAST ANNUALLY TO PURGE ANY USERS WHO ARE NO LONGER EMPLOYED BY  SUCH
     8  ORGANIZATIONS.
     9    4.  THE  SEARCHABLE ONLINE REGISTRY DESCRIBED IN THIS SECTION SHALL BE
    10  ADMINISTERED AND OPERATED SOLELY BY THE CITY OF NEW YORK POLICE  DEPART-
    11  MENT. NO NON-LOCAL LAW ENFORCEMENT AGENCY, OFFICER, OR EMPLOYEE, NOR ANY
    12  NON-LOCAL  GOVERNMENT EMPLOYEE, NOR ANY PRIVATE INDIVIDUAL OR OFFICER OF
    13  THE COURT WHO IS NOT AN AUTHORIZED USER, SHALL BE GIVEN ACCESS  TO  THIS
    14  REGISTRY  OR  PARTICIPATE  IN  THE  ADMINISTRATION  OR OPERATION OF THIS
    15  REGISTRY.
    16    5. NO AUTHORIZED USER OR OTHER PERSON WHO OBTAINS ACCESS TO THE REGIS-
    17  TRY DESCRIBED IN THIS SECTION SHALL DISCLOSE ANY INFORMATION OBTAINED OR
    18  LEARNED OF FROM SUCH REGISTRY TO ANY NON-LOCAL LAW  ENFORCEMENT  AGENCY,
    19  OFFICER, OR EMPLOYEE, OR TO ANY NON-LOCAL GOVERNMENT EMPLOYEE, OR TO ANY
    20  PRIVATE INDIVIDUAL OR OFFICER OF THE COURT WHO IS NOT AN AUTHORIZED USER
    21  EXCEPT  BY  THE  DEFENDER  ORGANIZATION TO INDIVIDUALS IN FURTHERANCE OF
    22  CLIENT OR POTENTIAL CLIENT REPRESENTATION.
    23    § 3. Section 7009 of the civil practice law and rules  is  amended  by
    24  adding a new subdivision (f) to read as follows:
    25    (F)  PERSONS  DETAINED FOR LONGER THAN TWENTY-FOUR HOURS. FOR PURPOSES
    26  OF THIS ARTICLE, WHEN A WRIT OF HABEAS CORPUS IS HEARD  CHALLENGING  THE
    27  PRE-ARRAIGNMENT DETENTION OF A PERSON DETAINED FOR MORE THAN TWENTY-FOUR
    28  HOURS,  THERE  SHALL  BE AN EVIDENTIARY PRESUMPTION THAT SUCH DETENTION,
    29  WITHOUT ARRAIGNMENT, WAS AVOIDABLE, UNNECESSARY AND UNLAWFUL AS  DEFINED
    30  IN  SECTION  140.20 OF THE CRIMINAL PROCEDURE LAW, UNTIL AND UNLESS SUCH
    31  PRESUMPTION IS REBUTTED BY CLEAR AND CONVINCING EVIDENCE  OF  COMPELLING
    32  FACTS AND CIRCUMSTANCE DEMONSTRATING THAT SUCH DELAY WAS UNAVOIDABLE AND
    33  ACTUALLY  NECESSARY  FOR  EACH  INDIVIDUAL  PETITIONER IDENTIFIED IN THE
    34  WRIT.
    35    § 4. This act shall take effect immediately.