NY State Senate Bill 2009-S2658

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2010	recommit, enacting clause stricken
Jan 06, 2010	referred to codes
Feb 26, 2009	referred to codes

2009-S2658 (ACTIVE) - Details

See Assembly Version of this Bill:: A602
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.70, CP L

2009-S2658 (ACTIVE) - Summary

Permits all state-paid uniformed court officers to execute bench warrants; eliminates distinctions between court security officers in different parts of the state with regards to issuance of bench warrants.

2009-S2658 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2658

 TITLE OF BILL :
An act to amend the criminal procedure law, in relation to execution
of bench warrants


 PURPOSE :
This measure is being introduced at the request of the Chief
Administrative Judge.  To permit uniformed court officers in Dutchess,
Orange, Putnam, Rockland, Saratoga, Schenectady and Warren Counties to
execute bench warrants in their respective courthouses.  Also in the
city of Schenectady and, beginning April 1 (when use of State paid
uniformed court officers to provide court security is slated to
begin), in the city of Troy and in the counties of Sullivan, Ulster
and Washington.

 JUSTIFICATION :
In 1976, the Criminal Procedure law was amended to authorize State
paid security officers in the New York City and Long Island courts to
receive and execute bench warrants in the buildings in which they are
employed. L. 1976, c. 265; CPL S530.70 (2) (b). In 1991, their
counterparts in Westchester County likewise were granted this
authority. L. 1991, c.  352. Since deputy sheriffs who provide court
security in other venues (i.e., in those counties in which there are
no State-paid court security officers) are, by statute, police

officers and, therefore, authorized to receive and execute bench
warrants (see CPL SS1.20(34) (b), 530.70(2) (a)), the result now is
that only in those counties outside of New York City, Long Island and
Westchester County where State-paid court officers furnish court
security are such court security personnel barred from executing bench
warrants.

There is no reason for this distinction. State-paid court security
officers receive no less training upstate than they do in the New York
City metropolitan region; and their ability to serve bench warrants in
the courthouse, thereby sparing local police and sheriffs personnel of
the need to perform this task, will promote the most effective
allocation of law enforcement resources in each community.  This
measure, which would take effect 60 days after becoming law, would
have no fiscal impact upon the public treasury.

 LEGISLATIVE HISTORY :
2008: S.7640/A.7723, Passed Senate.
2005-2006: A.5638 Referred to Codes.
2003-2004: A.203 Referred to Codes.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act will take effect 60 days after it shall have become law.

2009-S2658 (ACTIVE) - Bill Text download pdf

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

                                  2658

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sen.  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 execution  of
  bench warrants

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

  Section 1. Subdivision 2 of section 530.70 of the  criminal  procedure
law,  as  amended by chapter 352 of the laws of 1991, is amended to read
as follows:
  2. A bench warrant may be addressed to: (a) any police  officer  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 (b) any uniformed court officer for a
court in the city of New York, the  county  of  Nassau,  the  county  of
Suffolk or the county of Westchester OR FOR ANY OTHER COURT that is part
of  the  unified court system of the state for execution in the building
wherein such court officer is employed  or  in  the  immediate  vicinity
thereof.  A  bench  warrant  must  be  executed  in the same manner as a
warrant of arrest, as provided in  section  120.80,  and  following  the
arrest,  such  executing  police  officer  or court officer must without
unnecessary delay bring the defendant before the court in  which  it  is
returnable;  provided,  however, if the court in which the bench warrant
is returnable is a city, town or village court, and such  court  is  not
available,  and the bench warrant is addressed to a police officer, such
executing police  officer  must  without  unnecessary  delay  bring  the
defendant  before  an  alternate  local  criminal  court, as provided in
subdivision five of section 120.90; or if the court in which  the  bench
warrant  is returnable is a superior court, and such court is not avail-
able, and the bench warrant is  addressed  to  a  police  officer,  such
executing  police  officer  may bring the defendant to the local correc-
tional facility of the county in which such court sits, to  be  detained

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00643-01-9

S. 2658                             2

there  until not later than the commencement of the next session of such
court occurring on the next business day.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S2658

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Archive: Last Bill Status - Stricken

Actions

2009-S2658 (ACTIVE) - Details

2009-S2658 (ACTIVE) - Summary

2009-S2658 (ACTIVE) - Sponsor Memo

2009-S2658 (ACTIVE) - Bill Text download pdf

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Sponsored By

Dale M. Volker

Archive: Last Bill Status - Stricken

Actions

2009-S2658 (ACTIVE) - Details

2009-S2658 (ACTIVE) - Summary

2009-S2658 (ACTIVE) - Sponsor Memo

2009-S2658 (ACTIVE) - Bill Text download pdf

Comments