New York 2025-2026 Regular Session

New York Senate Bill S01402

Introduced
1/9/25  
Refer
1/9/25  

Caption

Relates to the execution of a warrant of arrest; authorizes the commissioner of the division of criminal justice services to establish a system to record and monitor the issuance and execution of search warrants; authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

Summary

Bill S01402 seeks to amend various sections of New York's criminal procedure law, executive law, and judiciary law concerning the execution of search warrants. It aims to allow search warrants to be executed at any time of day, with specific conditions for execution outside of standard hours. The bill also mandates that law enforcement agencies record and report the issuance and execution of search warrants, ensuring accountability and transparency in the process. Furthermore, it establishes educational programs for judicial personnel to enhance their understanding of laws related to searches, arrests, and seizures.

Impact

The bill will significantly impact the procedures surrounding the issuance and execution of search warrants in New York. By allowing warrants to be executed at any time and requiring detailed reporting and monitoring, it aims to enhance oversight of law enforcement practices. Additionally, the educational programs for judicial personnel are intended to improve the legal standards applied in warrant issuance, potentially leading to more informed judicial decisions and better protection of civil rights.

Sentiment

The sentiment surrounding Bill S01402 appears to be mixed, with some supporting the increased accountability and transparency it proposes, while others express concerns about the potential for abuse of power by law enforcement. The lack of recent voting history or committee discussions makes it difficult to gauge the full spectrum of opinions, but the bill's focus on reform suggests a push for modernization in law enforcement practices.

Contention

Notable points of contention include concerns about the balance between law enforcement's need for flexibility in executing warrants and the rights of individuals being searched. Critics may argue that allowing warrants to be executed at any time could lead to violations of privacy and civil liberties, while supporters emphasize the need for law enforcement to act swiftly in certain situations. Additionally, the requirement for detailed reporting and monitoring may face pushback from law enforcement agencies concerned about increased administrative burdens.

Companion Bills

NY A05565

Same As Relates to the execution of a warrant of arrest; authorizes the commissioner of the division of criminal justice services to establish a system to record and monitor the issuance and execution of search warrants; authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

Previously Filed As

NY A05565

Relates to the execution of a warrant of arrest; authorizes the commissioner of the division of criminal justice services to establish a system to record and monitor the issuance and execution of search warrants; authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.

NY HB4129

Relating to the prohibition of warrantless searches and seizures.

NY HB2386

Relating to the prohibition of warrantless searches and seizures.

NY HB7939

Say No to Warrantless Searches Act

NY A08406

Relates to issuance of warrants for seizures of firearms in supreme court and family court.

NY HB1765

Relating to the issuance of an arrest warrant or search warrant authorizing the use of a no-knock entry by a peace officer.

NY S1284

Arrest and Search Warrants

NY S1098

Protecting real property from warrantless searches

NY HB2652

To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act

NY HB4097

To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act

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