Bill > A05264

This bill amends the Criminal Procedure Law and the Civil Practice Law and Rules to address the detention of persons for longer than 24 hours. It defines "without unnecessary delay" as meaning promptly and within 24 hours or less, and requires the immediate release of any person held beyond this time period if the government agency fails to meet the requirements. The bill also requires cities with a population of 1 million or more to establish a searchable online registry of persons taken into custody, with strict access controls and data retention policies. Finally, it creates a presumption of unlawful detention for persons held for more than 24 hours before arraignment, which the government must rebut with clear and convincing evidence.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2021/A5264