NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3360
SPONSOR: Ra TITLE OF BILL:
An act to repeal subdivision 2 of section 245.30 of the criminal proce-
dure law relating to court orders to grant a defendant access to a crime
scene or other relevant premises
PURPOSE OR GENERAL IDEA OF BILL:
This will remove the ability of a court to grant a defendant access to
the premises of a crime scene or other related property to such crime.
The purpose of this bill is to preserve evidence, limit the possibility
of a defendant tampering with a crime scene, and to protect any victims
or owners of property involved.
SUMMARY OF PROVISIONS:
Section 1. Subdivision 2 of Section 245.30 of the Criminal Procedure Law
is repealed. Section 2. Establishes the effective date.
JUSTIFICATION:
The current language of this legislation allows for the granting of a
court order upon request of the defendant to access a crime scene or any
other relevant premise. This jeopardizes the integrity of the crime
scene and permits the possibility of tampering with evidence. Allowing
a defendant to walk through a crime scene that is actively being inves-
tigated or preserved is both a violation and harmful, as it can be quite
traumatic for any victims involved. This repeal will remove this ability
for access.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A.8496 (Ra)/S.7507 (Palumbo): Held for consideration in Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
Effective immediately.
STATE OF NEW YORK
________________________________________________________________________
3360
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. RA, BRABENEC -- read once and referred to the
Committee on Codes
AN ACT to repeal subdivision 2 of section 245.30 of the criminal proce-
dure law relating to court orders to grant a defendant access to a
crime scene or other relevant premises
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 245.30 of the criminal procedure
2 law is REPEALED.
3 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07391-01-3
