Legislative Memo: Administrative Search Warrants (2002)

This bill would permit local criminal courts, as well as city, town or village courts, to issue an “administrative search warrant” pursuant to which “public servants” obtain authority to enter private property for purposes of enforcing local laws or ordinances relating to public health or safety. The administrative warrant shall issue based upon the personal knowledge of the applicant that “there is probable cause.”... Read More

Legislative Memo: Display of the American Flag (2002)

This bill would impose civil liability upon public or private employers that discriminate against an employee for displaying the American flag on his or her person or work station. We believe that as a practical matter this bill will involve the state in the very conduct it would seek to avoid – viewpoint discrimination – and for this reason, we urge the legislature not to advance this legislation.... Read More

Legislative Memo: DNA “John Doe” Indictments (2002)

This bill allows prosecutors to indict a person whose identity is unknown, based on DNA testing of evidence. Its purpose is to permit an indictment to be filed even if law enforcement has been unable to discover the identity of the suspect within the time period defined in the statute of limitations. With a “fictitious name indictment” the statute of limitations would cease to run and a suspect could be arrested at any time thereafter.... Read More

Legislative Memo: Chemical or Biological Weapons (2002)

This legislation is intended to deter acts of terrorism that involve the use or possession of biological or chemical weapons. The bill would create four new felony offenses, two of which are classified as A-1 felonies with a mandatory penalty of life without parole.... Read More

Legislative Memo: Human Rights Complaints (2002)

This bill amends the executive law to increase the time for filing a complaint with the Division of Human Rights from one to three years.... Read More

Legislative Memo: Open Meetings Law (2002)

This bill would strengthen the existing open meetings law by creating two avenues of enforcement: a court-issued stay on the implementation of action, remanding the action to the public body for reconsideration, and the imposition of a fine, up to five hundred dollars, on the public body for violations of the open meetings law. The NYCLU supports this proposal to enhance the open meetings law. ... Read More

Legislative Memo: Women’s Health and Wellness (2002)

These bills seek to correct an inequity, based upon gender, regarding access to healthcare. The NYCLU supports equal access to health care for women and therefore supports both the Senate and Assembly proposals.... Read More

Legislative Memo: Crimes of Violence Against a Fetus (2002)

This bill has as its principal intent and effect the redefinition of the fetus, at any stage of gestation, as a person. With this new definition in place, the bill then creates a number of new criminal offenses for crimes committed against the fetus – including murder, manslaughter, criminally negligent homicide and vehicular manslaughter.... Read More

Drop The Rock (2002)

The NYCLU opposes the Rockefeller drug laws, enacted in 1973, for their inefficiencies, wastefulness, and injustices.... Read More

Legislative Memo: Dignity For All Students Act (2002)

This bill articulates a broad policy initiative that provides for the promulgation of regulations, policies, and guidelines intended to foster a learning environment free of bias and discrimination. These policy and practice guidelines encompass instructional and counseling methods, as well as procedures and remedies for handling incidents of harassment.... Read More