Establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding; requires the proffering party to affirmatively prove that the evidence is admissible by clear and convincing evidence.
This bill (S 329) changes criminal procedure rules to allow defendants to appeal a judge's decision denying a motion to suppress evidence - even if they later enter a guilty plea. It directly affects criminal defendants who want to challenge evidence rulings that may involve issues of public concern. The key provision amends the law to make such denial orders "reviewable upon appeal" from the final conviction, removing a previous barrier that prevented appeals after a guilty plea. This provides a clearer path for defendants to seek appellate review of critical evidence rulings without being barred by their own plea. The change applies to all criminal cases where evidence suppression is contested.
Expands the health department's review of correctional health services by including a biennial study of health care staffing at facilities operated by the department of corrections and community supervision.
Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.
Prohibits automatic license plate reader users from selling, sharing, allowing access to, or transferring automatic license plate reader information to any state or local jurisdiction for the purpose of investigating or enforcing a law that denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services.
Adds additional information to reporting requirements for temporary release programs including the number of incarcerated individuals denied participation in each temporary release program and the reasons for denial.
This bill (S 1946) allows individuals convicted of specific syringe possession offenses to have their court records sealed. It directly affects people convicted under Penal Law sections 222.10, 222.15, 222.25, 222.45 (current law) or former section 220.45 (prior to the bill's effective date). The key provision adds these conviction types to the list of offenses eligible for expungement under New York's criminal procedure law. The bill creates a legal mechanism for sealing these specific past records, without changing current possession laws or penalties.
Prohibits the use of the term "excited delirium" as a diagnosis, label, or cause of death on death certificates, autopsy reports, police reports or any report, policy or procedure by a public agency or contractor; defines excited delirium.
Establishes through the department of health a drug checking services program to allow individuals to bring drugs or controlled substances and have them tested for contaminants, toxic substances, or hazardous compounds; requires the department to establish public health surveillance of the unregulated drug supply; provides exemptions for participants in the drug checking program from certain controlled substance offenses.
Provides that for the purposes of educational leave, an eligible incarcerated individual shall include an incarcerated individual who is within two years of being an eligible incarcerated individual.
