Establishes an evidentiary presumption that detentions longer than 24 hours are unlawful unless proven otherwise.
This bill amends the criminal procedure law to establish an evidentiary presumption that detentions longer than 24 hours are avoidable, unnecessary, and unlawful. It also amends the civil practice law and rules to require clear and convincing evidence to rebut this presumption when a writ of habeas corpus is heard. The changes take effect immediately.
Included in complete analysis
- Overview
- Core Provisions
- Implementation
- Impact
- Legal Framework
- Critical Issues
See what it does, who it affects, and the critical issues in plain language. Free, 30 seconds.