Senate Bill S3054

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3054

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN, MORAHAN, VOLKER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN  ACT  to amend the criminal procedure law, in relation to authorizing
  peace officers  designated  by  the  superintendent  of  insurance  to
  execute arrest warrants and search warrants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 120.10 of the criminal procedure law, as amended by
chapter 424 of the laws of 1998, is amended to read as follows:
S 120.10 Warrant of arrest; definition, function, form and content.
  1. A warrant of arrest is a process issued by a local  criminal  court
directing  a  police officer OR A PEACE OFFICER DESIGNATED BY THE SUPER-
INTENDENT OF INSURANCE to arrest a defendant designated in an accusatory
instrument filed with such court and to bring him before such  court  in
connection  with  such  instrument.  The  sole  function of a warrant of
arrest is to achieve a defendant's court appearance in a criminal action
for the purpose of arraignment upon the accusatory instrument  by  which
such action was commenced.
  2.  A  warrant  of  arrest must be subscribed by the issuing judge and
must state or contain (a) the name of the issuing  court,  and  (b)  the
date of issuance of the warrant, and (c) the name or title of an offense
charged in the underlying accusatory instrument, and (d) the name of the
defendant to be arrested or, if such be unknown, any name or description
by  which  he  can  be identified with reasonable certainty, and (e) the
police officer or officers OR PEACE OFFICERS DESIGNATED  BY  THE  SUPER-
INTENDENT  OF  INSURANCE  to  whom  the  warrant is addressed, and (f) a
direction that such officer arrest the defendant and  bring  him  before
the issuing court.
  3.  A warrant of arrest may be addressed to a classification of police
officers, or to two or more classifications thereof, as  well  as  to  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07365-01-9
              

S. 3054                             2

designated  individual  police  officer or officers, AS WELL AS TO PEACE
OFFICERS DESIGNATED BY THE SUPERINTENDENT OF INSURANCE. Multiple  copies
of such a warrant may be issued.
  S 2. Section 120.50 of the criminal procedure law, as amended by chap-
ter 424 of the laws of 1998, is amended to read as follows:
S 120.50 Warrant  of  arrest; to what police officers AND PEACE OFFICERS
           DESIGNATED BY THE SUPERINTENDENT OF INSURANCE addressed.
  A warrant of arrest may be addressed to any police officer or  classi-
fication  of  police  officers  whose  geographical  area  of employment
embraces either the  place  where  the  offense  charged  was  allegedly
committed or the locality of the court by which the warrant is issued OR
TO PEACE OFFICERS DESIGNATED BY THE SUPERINTENDENT OF INSURANCE.
  S 3. Section 690.25 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
  3.  A SEARCH WARRANT MAY BE ADDRESSED TO A PEACE OFFICER DESIGNATED BY
THE SUPERINTENDENT OF INSURANCE, AS DEFINED IN  SUBDIVISION  FORTY-SEVEN
OF SECTION 2.10 OF THIS CHAPTER, TO BE EXECUTED PURSUANT TO ITS TERMS.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.