NY State Senate Bill 2011-S4517

Senate Bill S4517

2011-2012 Legislative Session

Expands the authority of deputy sheriffs of the counties of New York city who are designated peace officers under the criminal procedure law

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Apr 08, 2011	referred to codes

2011-S4517 (ACTIVE) - Details

See Assembly Version of this Bill:: A5839
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd CP L, generally; amd §§75-a & 77-o, Dom Rel L; amd §58, NYC Crim Ct Act; amd §153-a, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4798, A7165
2013-2014: A6586

2011-S4517 (ACTIVE) - Summary

Expands the authority of deputy sheriffs of the counties of New York city who are designated peace officers under the criminal procedure law.

2011-S4517 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4517

TITLE OF BILL:
An act
to amend the criminal procedure law,
the domestic relations law, the New York city criminal court act and the
family court act, in relation to
deputy sheriffs in the city of New York

PURPOSE:
This bill would expand the authority of deputy sheriffs of
the counties of New York City who are designated "Peace Officers"
under the criminal procedure law.

SUMMARY OF PROVISIONS:
This bill enlarges the "Peace Officer" powers
of deputy sheriffs of counties inside New York City.

JUSTIFICATION:
The Sheriff's Office within NYC has undergone a drastic
change in the past five years. Deputy Sheriffs in NYC are now
actively involved in duties and responsibilities that other sheriffs
throughout the state perform, yet the City Sheriff and his deputies
are peace officers, not police officers. This inequity creates a gray
zone in regard to safety and enforcement duties. The Sheriff's Office
in New York City has many newly developed units that perform diverse

law enforcement duties: The warrant division in the City Sheriff's
office serves and executes family court summons, orders of protection
and warrants of arrest. The Office's patrol unit enforces city
parking violation judgments, N.Y.S. Department of Motor Vehicle
judgments, recovers stolen vehicles and helps preserve the peace
whenever called upon by the public. The Sheriff's Auto Theft Unit
identifies, recovers and coordinates arrests of persons who try to
redeem stolen vehicles seized by the Sheriff. Last year, the
Sheriff's Office in NYC identified and recovered more stolen vehicles
than any other law enforcement agency in New York State. All of the
above-mentioned duties are performed in uniform, in marked sheriffs'
patrol cars. Under County Law, the Sheriff
must act as an officer of the court and conservator of the peace and
that responsibility holds true in New York City. This creates the
dilemma in which the New York City Sheriff and his deputies are held
to the same standards as other sheriffs in the state yet have
abbreviated enforcement powers and protection even when performing
identical duties as other sheriffs perform. Examples of such
inequities that infringe on safety include the ability to stop and
frisk as well as the ability to execute superior court warrants of
arrest and bench warrants. Many times deputy sheriffs in the city
come across persons wanted on superior court warrants of arrest, yet
no arrest or detention can be made because of the lack of legal
authority, allowing a known felon to slip through the grasp of justice.

LEGISLATIVE HISTORY:
2009-10 Session: S.4798 by Savino/referred to Codes/no further action
2008 Session:    S.813/A.1525   - no significant action
2007 Session:    S.813/A.1525   - no significant action
2006 Session:    S.2177/A.4364  - no significant action
2005 Session:    S.2177/A.4364  - no significant action
2004 Session:    S.1362/A.5984  - no significant action
2003 Session:    S.1362/A.5984  - no significant action
2002 Session:    S.3913/A.11529 - no significant action
2001 Session:    S.3913/A.11529 - no significant action

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect
immediately provided,
however, that sections 2-6 of this act shall apply to all arrest
warrants addressed to police officers or peace officers outstanding
on the date that this act shall have become law.

2011-S4517 (ACTIVE) - Bill Text download pdf

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

                                  4517

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 8, 2011
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, the domestic relations  law,
  the  New  York  city  criminal  court act and the family court act, in
  relation to deputy sheriffs in the city of New York

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

  Section 1.  Subdivisions 28, 29 and 30 of section 1.20 of the criminal
procedure  law,  subdivision 30 as amended by chapter 265 of the laws of
1976, are amended to read as follows:
  28. "Warrant of arrest" means a process of  a  local  criminal  court,
more  fully  defined  in section 120.10, directing a police officer OR A
SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE  CITY  OF  NEW  YORK  to
arrest a defendant and to bring him before such court for the purpose of
arraignment  upon  an  accusatory  instrument filed therewith by which a
criminal action against him has been commenced.
  29. "Superior court warrant of arrest" means a process of  a  superior
court  directing  a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
SHERIFF OF THE CITY OF NEW YORK to arrest a defendant and to  bring  him
before  such  court  for  the  purpose of arraignment upon an indictment
filed therewith  by  which  a  criminal  action  against  him  has  been
commenced.
  30.  "Bench  warrant"  means  a process of a criminal court in which a
criminal action is pending, directing a police officer,  OR  A  SHERIFF,
UNDERSHERIFF,  OR  DEPUTY SHERIFF OF THE CITY OF NEW YORK or a uniformed
court officer, pursuant to paragraph (b) of subdivision two  of  section
530.70  of this chapter, to take into custody a defendant in such action
who has previously been arraigned  upon  the  accusatory  instrument  by
which  the action was commenced, and to bring him before such court. The
function of a bench warrant is to achieve  the  court  appearance  of  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09552-01-1

S. 4517                             2

defendant  in  a pending criminal action for some purpose other than his
initial arraignment in the action.
  S 2. Section 120.10 of the criminal procedure law, as amended by chap-
ter 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 SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
OF THE CITY OF NEW YORK to arrest a defendant designated in an accusato-
ry 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 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
designated individual police officer or officers OR TO A SHERIFF, UNDER-
SHERIFF OR DEPUTY SHERIFF OF THE CITY OF NEW YORK AS WELL AS TO A DESIG-
NATED INDIVIDUAL SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY  OF
NEW YORK.  Multiple copies of such a warrant may be issued.
  S 3. 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 OR PEACE OFFICERS
          addressed.
  A warrant of arrest may be addressed to any police officer or  classi-
fication  of  police  officers  OR  TO A SHERIFF, UNDERSHERIFF OR DEPUTY
SHERIFF OF THE CITY OF NEW YORK 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.
  S 4. Section 120.60 of the criminal procedure law, as amended by chap-
ter 424 of the laws of 1998, is amended to read as follows:
S 120.60  Warrant of arrest; what police officers OR PEACE OFFICERS  may
          execute.
  1.  A warrant of arrest may be executed by (a) any police officer OR A
SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK to whom
it  is  addressed,  or (b) any other police officer OR A SHERIFF, UNDER-
SHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK delegated to  execute
it under circumstances prescribed in subdivisions two and three.
  2.   A police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF
THE CITY OF NEW YORK to whom a warrant of arrest is addressed may  dele-
gate  another officer OR A SHERIFF, UNDERSHERIFF, OR A DEPUTY SHERIFF OF
THE CITY OF NEW YORK to whom it is not addressed to execute such warrant
as his agent when:
  (a)  He has reasonable cause to believe that the  defendant  is  in  a
particular county other than the one in which the warrant is returnable;
and
  (b)    The  warrant is, pursuant to section 120.70, executable in such
other county without endorsement by a local criminal court thereof; and

S. 4517                             3

  (c)  The geographical area of employment of the delegated police offi-
cer OR THE SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFFS OF THE CITY OF NEW
YORK embraces the locality where the arrest is to be made.
  3.  Under circumstances specified in subdivision two, the police offi-
cer  OR  A  SHERIFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK to whom the warrant is addressed may inform the delegated  officer,
by  telecommunication,  mail  or any other means, of the issuance of the
warrant, of the offense charged in the underlying accusatory  instrument
and  of  all  other pertinent details, and may request him to act as his
agent in arresting the defendant pursuant to  such  warrant.  Upon  such
request,  the  delegated  police  officer OR A SHERIFF, UNDERSHERIFF, OR
DEPUTY SHERIFF OF THE CITY OF NEW YORK is to  the  same  extent  as  the
delegating  officer,  authorized  to  make  such  arrest pursuant to the
warrant within the geographical area of such delegated  officer's  OR  A
SHERIFF,  UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF  THE CITY OF NEW YORK'S
employment.   Upon so  arresting  the  defendant,  he  must  proceed  as
provided in subdivisions two and four of section 120.90.
  S  5.  Subdivisions  2,  3,  4 and 5 of section 120.80 of the criminal
procedure law, subdivisions 2 and 3 and the opening paragraph of  subdi-
vision 4 as amended by chapter 424 of the laws of 1998, subdivision 4 as
amended  by chapter 504 of the laws of 1991 and subdivision 5 as amended
by chapter 843 of the laws of 1980, are amended to read as follows:
  2.  Unless encountering physical resistance, flight or  other  factors
rendering  normal procedure impractical, the arresting police officer OR
A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK  must
inform  the  defendant  that  a  warrant  for his arrest for the offense
designated therein has been issued.  Upon request of the defendant,  the
officer  OR  A  SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFF OF THE CITY OF
NEW YORK must show him the warrant if he has it in his  possession.  The
officer need not have the warrant in his possession, and, if he has not,
he  must  show it to the defendant upon request as soon after the arrest
as possible.
  3.  In order to effect the arrest, the police officer  OR  A  SHERIFF,
UNDERSHERIFF,  AND  DEPUTY  SHERIFF OF THE CITY OF NEW YORK may use such
physical force as is justifiable pursuant to section 35.30 of the  penal
law.
  4.  In  order  to  effect the arrest, the police officer OR A SHERIFF,
UNDERSHERIFF, OR DEPUTY SHERIFF OF THE  CITY  OF  NEW  YORK  may,  under
circumstances  and  in  the manner prescribed in this subdivision, enter
any premises in which he reasonably believes the defendant to  be  pres-
ent;  provided,  however,  that  where the premises in which the officer
reasonably believes the defendant to be present is  the  dwelling  of  a
third party who is not the subject of the arrest warrant, the officer OR
A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall
proceed  in the manner specified in article 690 of this chapter.  Before
such entry, he must give, or make reasonable effort to give,  notice  of
his  authority  and  purpose  to  an  occupant  thereof, unless there is
reasonable cause to believe that the giving of such notice will:
  (a) Result in the defendant escaping or attempting to escape; or
  (b) Endanger the life or safety of the officer OR  A  SHERIFF,  UNDER-
SHERIFF,  AND  DEPUTY SHERIFF OF THE CITY OF NEW YORK or another person;
or
  (c) Result in the  destruction,  damaging  or  secretion  of  material
evidence.
  5.   If the officer [is] OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
OF THE CITY OF NEW YORK ARE authorized to enter premises without  giving

S. 4517                             4

notice  of  his authority and purpose, or if after giving such notice he
is not admitted, he may enter such premises, and by a breaking if neces-
sary.
  S 6. Section 120.90 of the criminal procedure law, as amended by chap-
ter  424  of the laws of 1998, subdivision 8 as amended by chapter 96 of
the laws of 2010, is amended to read as follows:
S 120.90  Warrant of arrest; procedure after arrest.
  1.  Upon arresting a defendant for any offense pursuant to  a  warrant
of  arrest  in  the  county in which the warrant is returnable or in any
adjoining county, or upon so arresting him for a  felony  in  any  other
county, a police officer, OR A SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFF
OF  THE  CITY OF NEW YORK if he be one to whom the warrant is addressed,
must without unnecessary delay bring  the  defendant  before  the  local
criminal court in which such warrant is returnable.
  2.    Upon arresting a defendant for any offense pursuant to a warrant
of arrest in a county adjoining the  county  in  which  the  warrant  is
returnable, or upon so arresting him for a felony in any other county, a
police  officer,  if he be one delegated to execute the warrant pursuant
to section 120.60, must without unnecessary delay deliver the  defendant
or cause him to be delivered to the custody of the officer OR A SHERIFF,
UNDERSHERIFF,  OR  DEPUTY SHERIFF OF THE CITY OF NEW YORK by whom he was
so delegated, and the latter must then proceed as provided  in  subdivi-
sion one.
  3.    Upon  arresting  a  defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in  which
the  warrant  is  returnable or one adjoining it, a police officer, OR A
SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK  if  he
be  one to whom the warrant is addressed, must inform the defendant that
he has a right to appear before a local criminal court of the county  of
arrest  for  the  purpose  of  being released on his own recognizance or
having bail fixed.  If the defendant does not desire to avail himself of
such right, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF
THE CITY OF NEW YORK must request him to  endorse  such  fact  upon  the
warrant,  and upon such endorsement the officer OR A SHERIFF, UNDERSHER-
IFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must without  unnecessary
delay bring him before the court in which the warrant is returnable.  If
the  defendant  does  desire  to  avail  himself of such right, or if he
refuses to make the aforementioned endorsement, the officer OR  A  SHER-
IFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must with-
out unnecessary delay bring him before a local  criminal  court  of  the
county  of  arrest.    Such  court must release the defendant on his own
recognizance or fix bail for his appearance on a specified date  in  the
court  in  which  the  warrant  is  returnable.   If the defendant is in
default of bail, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
IFF OF THE CITY OF NEW YORK must without  unnecessary  delay  bring  him
before the court in which the warrant is returnable.
  4.    Upon  arresting  a  defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in  which
the  warrant  is  returnable or one adjoining it, a police officer, OR A
SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK  if  he
be  one delegated to execute the warrant pursuant to section 120.60, may
hold the defendant in custody in the county of arrest for a  period  not
exceeding  two hours for the purpose of delivering him to the custody of
the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF
NEW YORK by whom he was delegated to execute such warrant. If the deleg-
ating officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE  CITY

S. 4517                             5

OF  NEW  YORK  receives  custody of the defendant during such period, he
must proceed as provided in subdivision three. Otherwise, the  delegated
officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK  must  inform  the defendant that he has a right to appear before a
local criminal court for the purpose of being released on his own recog-
nizance or having bail fixed.  If the defendant does not desire to avail
himself of such right, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
SHERIFF OF THE CITY OF NEW YORK must  request  him  to  make,  sign  and
deliver  to  him  a written statement of such fact, and if the defendant
does so, the officer OR A SHERIFF, UNDERSHERIFF, OR  DEPUTY  SHERIFF  OF
THE  CITY OF NEW YORK must retain custody of him but must without unnec-
essary delay deliver him or cause him to be delivered to the custody  of
the  delegating  police  officer  OR  A SHERIFF, UNDERSHERIFF, OR DEPUTY
SHERIFF OF THE CITY OF NEW YORK.  If the defendant does desire to  avail
himself  of  such right, or if he refuses to make and deliver the afore-
mentioned statement, the delegated or arresting officer  OR  A  SHERIFF,
UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF THE CITY OF NEW YORK must without
unnecessary delay bring him before a local criminal court of the  county
of arrest and must submit to such court a written statement reciting the
material  facts  concerning  the  issuance  of  the warrant, the offense
involved, and all other essential matters relating thereto.    Upon  the
submission  of  such statement, such court must release the defendant on
his own recognizance or fix bail for his appearance on a specified  date
in the court in which the warrant is returnable.  If the defendant is in
default of bail, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
IFF  OF THE CITY OF NEW YORK must retain custody of him but must without
unnecessary delay deliver him or cause him to be delivered to the custo-
dy of the delegating officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
IFF OF THE CITY OF NEW YORK.  Upon receiving such  custody,  the  latter
must  without  unnecessary delay bring the defendant before the court in
which the warrant is returnable.
  5. Whenever a police officer OR A  SHERIFF,  UNDERSHERIFF,  OR  DEPUTY
SHERIFF  OF THE CITY OF NEW YORK is required pursuant to this section to
bring an arrested defendant before a town court in which  a  warrant  of
arrest  is  returnable,  and  if such town court is not available at the
time, such officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF  THE
CITY OF NEW YORK must, if a copy of the underlying accusatory instrument
has  been  attached  to  the warrant pursuant to section 120.40, instead
bring such defendant before any village court embraced, in whole  or  in
part,  by such town, or any local criminal court of an adjoining town or
city of the same county or any village court embraced, in  whole  or  in
part,  by  such  adjoining  town. When the court in which the warrant is
returnable is a village court which is not available at  the  time,  the
officer  must  in such circumstances bring the defendant before the town
court of the town embracing such village  or  any  other  village  court
within  such  town or, if such town court or village court is not avail-
able either, before the local criminal court of any town or city of  the
same county which adjoins such embracing town or, before the local crim-
inal court of any village embraced in whole or in part by such adjoining
town.  When the court in which the warrant is returnable is a city court
which is not available at the time, the officer  must  in  such  circum-
stances  bring  the  defendant  before  the  local criminal court of any
adjoining town or village embraced in whole or in part by such adjoining
town of the same county.
  6.  Before bringing a defendant arrested pursuant to a warrant  before
the  local  criminal court in which such warrant is returnable, a police

S. 4517                             6

officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK must without unnecessary delay perform all fingerprinting and other
preliminary police duties required in the particular case.  In any  case
in  which the defendant is not brought by a police officer OR A SHERIFF,
UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY  OF  NEW  YORK  before  such
court  but, following his arrest in another county for an offense speci-
fied in subdivision one of section 160.10, is released by a local crimi-
nal court of such other county on his own recognizance or  on  bail  for
his  appearance  on  a  specified  date  before the local criminal court
before which the warrant is returnable,  the  latter  court  must,  upon
arraignment  of the defendant before it, direct that he be fingerprinted
by the appropriate officer or agency, and that he appear at an appropri-
ate designated time and place for such purpose.
  7.  Upon arresting a juvenile offender, the police officer OR A  SHER-
IFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall imme-
diately  notify  the  parent or other person legally responsible for his
care or the person with whom he is domiciled, that the juvenile offender
has been arrested, and the location of the facility where  he  is  being
detained.
  8. Upon arresting a defendant, other than a juvenile offender, for any
offense  pursuant to a warrant of arrest, a police officer OR A SHERIFF,
UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall, upon  the
defendant's  request,  permit  the defendant to communicate by telephone
provided by the law enforcement facility where the defendant is held  to
a phone number located anywhere in the United States or Puerto Rico, for
the  purposes  of  obtaining  counsel and informing a relative or friend
that he or she has been arrested, unless granting the call will  compro-
mise an ongoing investigation or the prosecution of the defendant.
  S  7. Subdivision 1 of section 130.40 of the criminal procedure law is
amended to read as follows:
  1.  A summons may be served by a police officer OR A  SHERIFF,  UNDER-
SHERIFF,  OR DEPUTY SHERIFF OF THE CITY OF NEW YORK, or by a complainant
at least eighteen years old or by any other  person  at  least  eighteen
years old designated by the court.
  S 8. Subdivision 3 of section 140.50 of the criminal procedure law, as
amended  by chapter 911 of the laws of 1972, is amended and a new subdi-
vision 2-a is added to read as follows:
  2-A. ANY PERSON WHO IS A SHERIFF, UNDERSHERIFF, OR DEPUTY  SHERIFF  OF
THE  CITY OF NEW YORK AND WHO IS ENGAGED IN THE COURSE OF PERFORMING HIS
SPECIAL DUTIES MAY STOP A PERSON WITHIN THE CITY OF  NEW  YORK  WHEN  HE
REASONABLY SUSPECTS THAT SUCH PERSON IS COMMITTING, HAS COMMITTED, OR IS
ABOUT  TO COMMIT EITHER (A) A FELONY OR (B) A MISDEMEANOR DEFINED IN THE
PENAL LAW, AND MAY DEMAND OF HIM HIS NAME, ADDRESS AND AN EXPLANATION OF
HIS CONDUCT.
  3.   When upon stopping a person  under  circumstances  prescribed  in
[subdivisions]  SUBDIVISION  one  [and],  two  OR TWO-A a police officer
[or], court officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE
CITY OF NEW YORK, as the case may be, reasonably suspects that he is  in
danger of physical injury, he may search such person for a deadly weapon
or any instrument, article or substance readily capable of causing seri-
ous physical injury and of a sort not ordinarily carried in public plac-
es  by  law-abiding persons. If he finds such a weapon or instrument, or
any other property  possession  of  which  he  reasonably  believes  may
constitute  the  commission of a crime, he may take it and keep it until
the completion of the questioning, at which time he shall either  return
it, if lawfully possessed, or arrest such person.

S. 4517                             7

  S 9. Subdivision 1 of section 150.10 of the criminal procedure law, as
amended  by  chapter  67  of  the  laws  of  1996, is amended to read as
follows:
  1. An appearance ticket is a written notice issued and subscribed by a
police  officer OR A SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY
OF NEW YORK or other public servant authorized by state law or local law
enacted pursuant to the provisions of the municipal  home  rule  law  to
issue  the same, directing a designated person to appear in a designated
local criminal court at a designated future time in connection with  his
alleged commission of a designated offense.  A notice conforming to such
definition  constitutes an appearance ticket regardless of whether it is
referred to in some other provision of law as a summons or by any  other
name or title.
  S  10.  Subdivision 2 of section 530.70 of the criminal procedure law,
as amended by chapter 10 of the laws of 2010,  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; OR (C) A SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY OF
NEW YORK WHERE THE OFFENSE CHARGED WAS ALLEGEDLY  COMMITTED  WITHIN  THE
CITY  OF  NEW YORK.  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  OR  A  SHERIFF,
UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF THE CITY OF NEW YORK 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 OR A
SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW  YORK,  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 OR A SHER-
IFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF  THE  CITY  OF  NEW  YORK,  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
there  until not later than the commencement of the next session of such
court occurring on the next business day.
  S 11. Section 570.34 of the criminal procedure law is amended to  read
as follows:
S 570.34  Arrest of accused without warrant therefor.
  The  arrest of a person in this state may be lawfully made also by any
police officer, OR A SHERIFF, UNDERSHERIFF, OR  DEPUTY  SHERIFF  OF  THE
CITY OF NEW YORK or a private person, without a warrant, upon reasonable
information  that  the  accused  stands charged in the courts of another
state with a crime punishable  by  death  or  imprisonment  for  a  term
exceeding  one  year;  but  when  so  arrested the accused must be taken
before a local criminal court with all practicable speed  and  complaint
must  be  made  against  him under oath setting forth the ground for the

S. 4517                             8

arrest as in the preceding section; and, thereafter, his  answers  shall
be heard as if he had been arrested on a warrant.
  S 12. Paragraph (b) of subdivision 2 of section 620.30 of the criminal
procedure law is amended to read as follows:
  (b)  If  in  addition to the allegations specified in subdivision one,
the application contains further allegations demonstrating to the satis-
faction of the court reasonable cause to believe that  (i)  the  witness
would  be unlikely to respond to such an order, or (ii) after previously
having been served with such an order, he did not respond  thereto,  the
court  may  issue  a warrant addressed to a police officer OR A SHERIFF,
UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY OF NEW YORK,  directing  such
officer  to  take such prospective witness into custody within the state
and to bring him before the court forthwith in order that  a  proceeding
may  be  conducted  to determine whether he is to be adjudged a material
witness.
  S 13. Section 690.05 of the criminal procedure law, subdivision  2  as
amended  by chapter 504 of the laws of 1991 and the opening paragraph of
subdivision 2 as amended by chapter 424 of the laws of 1998, is  amended
to read as follows:
S 690.05  Search warrants; in general; definition.
  1.  Under  circumstances  prescribed in this article, a local criminal
court may, upon application of a police officer, OR  A  SHERIFF,  UNDER-
SHERIFF  OR  DEPUTY SHERIFF OF THE CITY OF NEW YORK, a district attorney
or other public servant acting in the course  of  his  official  duties,
issue a search warrant.
  2.  A  search  warrant is a court order and process directing a police
officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK to conduct:
  (a) a search of designated premises, or of a designated vehicle, or of
a designated person, for the purpose of seizing designated  property  or
kinds  of property, and to deliver any property so obtained to the court
which issued the warrant; or
  (b) a search of a designated premises for the purpose of searching for
and arresting a person who is the subject of: (i) a  warrant  of  arrest
issued  pursuant  to  this  chapter,  a superior court warrant of arrest
issued pursuant to this chapter, or a bench warrant for a felony  issued
pursuant  to this chapter, where the designated premises is the dwelling
of a third party who is not the subject of the arrest warrant; or
  (ii) a warrant of arrest issued by any other state  or  federal  court
for  an  offense  which would constitute a felony under the laws of this
state, where the designated premises is the dwelling of  a  third  party
who is not the subject of the arrest warrant.
  S  14.  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  SHERIFF,  UNDERSHERIFF,  OR
DEPUTY  SHERIFF  OF THE CITY OF NEW YORK, TO BE EXECUTED PURSUANT TO ITS
TERMS WITHIN THE CITY OF NEW YORK.
  S 15. Paragraph (b) of subdivision 4 of section 690.35 of the criminal
procedure law, as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
  (b) A request that the search warrant authorize the  executing  police
officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK  to  enter  premises  to  be  searched without giving notice of his
authority and purpose, upon the ground that there is reasonable cause to
believe that (i) the property sought may be easily and quickly destroyed
or disposed of, or (ii) the giving of such notice may endanger the  life

S. 4517                             9

or  safety  of  the executing officer or another person, or (iii) in the
case of an application for a search warrant as defined in paragraph  (b)
of  subdivision  two  of section 690.05 for the purpose of searching for
and arresting a person who is the subject of a warrant for a felony, the
person  sought  is  likely to commit another felony, or may endanger the
life or safety of the executing officer or another person.
  S 16. Subdivision 2 of section 690.40 of the criminal  procedure  law,
as  amended  by  chapter  424 of the laws of 1998, is amended to read as
follows:
  2. If the court is satisfied that there is reasonable cause to believe
that property of a kind or character referred to in section 690.10,  and
described  in  the application, may be found in or upon the place, prem-
ises, vehicle or person designated or described in the application,  or,
in  the  case of an application for a search warrant as defined in para-
graph (b) of subdivision two of section 690.05, that there is reasonable
cause to believe that the person who is the  subject  of  a  warrant  of
arrest,  a  superior  court  warrant of arrest, or a bench warrant for a
felony may be found at the premises designated in  the  application,  it
may  grant the application and issue a search warrant directing a search
of the said place, premises, vehicle or person  and  a  seizure  of  the
described  property  or  the  described  person. If the court is further
satisfied that grounds, described in subdivision four of section 690.35,
exist for authorizing the search to be made at any hour of  the  day  or
night,  or without giving notice of the police officer's OR A SHERIFF'S,
UNDERSHERIFF'S, OR DEPUTY SHERIFF OF THE CITY OF  NEW  YORK'S  authority
and purpose, it may make the search warrant executable accordingly.
  S 17. Subdivisions 3 and 7 of section 690.45 of the criminal procedure
law,  as amended by chapter 424 of the laws of 1998, are amended to read
as follows:
  3. The name, department or classification of the police officer  OR  A
SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK to whom
it is addressed; and
  7. An authorization, where the court has specially so determined, that
the executing police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
IFF  OF  THE  CITY OF NEW YORK enter the premises to be searched without
giving notice of his authority and purpose; and
  S 18. Section 690.50 of the criminal  procedure  law,  as  amended  by
chapter 424 of the laws of 1998, is amended to read as follows:
S 690.50  Search warrants; execution thereof.
  1.   In executing a search warrant directing a search of premises or a
vehicle, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY  SHERIFF
OF  THE  CITY  OF  NEW YORK must, except as provided in subdivision two,
give, or make reasonable effort to give, notice  of  his  authority  and
purpose  to an occupant thereof before entry and show him the warrant or
a copy thereof upon request.  If he is not thereafter admitted,  he  may
forcibly  enter  such premises or vehicle and may use against any person
resisting his entry or search thereof as much physical force, other than
deadly physical force, as is necessary to execute the  warrant;  and  he
may  use  deadly  physical  force  if  he reasonably believes such to be
necessary to defend himself or a third person from  what  he  reasonably
believes to be the use or imminent use of deadly physical force.
  2.   In executing a search warrant directing a search of premises or a
vehicle, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY  SHERIFF
OF  THE CITY OF NEW YORK need not give notice to anyone of his authority
and purpose, as prescribed in subdivision one, but  may  promptly  enter
the same if:

S. 4517                            10

  (a)  Such premises or vehicle are at the time unoccupied or reasonably
believed by the officer to be unoccupied; or
  (b)  The search warrant expressly authorizes entry without notice.
  3.  In executing a search warrant directing or authorizing a search of
a person, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
OF  THE  CITY  OF NEW YORK must give, or make reasonable effort to give,
such person notice of his authority and purpose and show him the warrant
or a copy thereof upon request.  If such person, or another,  thereafter
resists  or  refuses  to  permit the search, the officer may use as much
physical force, other than deadly physical force,  as  is  necessary  to
execute  the warrant; and he may use deadly physical force if he reason-
ably believes such to be necessary to defend himself or a  third  person
from what he reasonably believes to be the use or imminent use of deadly
physical force.
  4.  Upon seizing property pursuant to a search warrant, a police offi-
cer  OR  A  SHERIFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK must write and subscribe a receipt itemizing the property taken and
containing the name of the court by which the  warrant  was  issued.  If
property  is  taken  from  a  person, such receipt must be given to such
person.  If property is taken from premises or a vehicle,  such  receipt
must be given to the owner, tenant or other person in possession thereof
if he is present; or if he is not, the officer must leave such a receipt
in the premises or vehicle from which the property was taken.
  5.  Upon seizing property pursuant to a search warrant, a police offi-
cer  OR  A  SHERIFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK must without unnecessary delay return to the court the warrant  and
the  property, and must file therewith a written inventory of such prop-
erty, subscribed and sworn to by such officer.
  6. Upon arresting a person during a search for him or her pursuant  to
a  search  warrant  as  defined  in  paragraph (b) of subdivision two of
section 690.05, a police officer OR A SHERIFF, UNDERSHERIFF,  OR  DEPUTY
SHERIFF  OF  THE  CITY  OF  NEW  YORK shall comply with the terms of the
warrant of arrest, superior court warrant of arrest,  or  bench  warrant
for  a felony, and shall proceed in the manner directed by this chapter.
Upon arresting such person, the police officer OR A SHERIFF,  UNDERSHER-
IFF,  OR  DEPUTY  SHERIFF  OF  THE  CITY OF NEW YORK shall also, without
unnecessary delay, file a written statement with the court which  issued
the  search  warrant,  subscribed  and sworn to by such officer, setting
forth that the person has been arrested  and  duly  brought  before  the
appropriate  court,  return  to  the  court the warrant and the property
seized in the course of its execution,  and  file  therewith  a  written
inventory of any such property, subscribed and sworn to by such officer.
  S 19. Paragraph (b) of subdivision 1 of section 690.55 of the criminal
procedure law, as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
  (b)    Direct that it be held in the custody of the person who applied
for the warrant, or of the police officer OR A SHERIFF, UNDERSHERIFF, OR
DEPUTY SHERIFF OF THE CITY OF NEW  YORK  who  executed  it,  or  of  the
governmental  or  official  agency  or  department  by which either such
public servant is employed, upon condition that upon order of such court
such property be returned thereto or delivered to another court.
  S 20. Subdivision 18 of section 75-a of the domestic relations law, as
added by chapter 386 of the laws of 2001, is amended to read as follows:
  18. "Law enforcement officer" means a police  officer  as  defined  in
subdivision  thirty-four  of section 1.20 of the criminal procedure law,

S. 4517                            11

OR A PEACE OFFICER AS DEFINED BY SUBDIVISION TWO OF SECTION 2.10 OF  THE
CRIMINAL PROCEDURE LAW.
  S  21. Section 77-o of the domestic relations law, as added by chapter
386 of the laws of 2001, is amended to read as follows:
  S 77-o. Role of law enforcement. At the request  of  a  prosecutor  or
other  appropriate  public official acting under section seventy-seven-n
of this title, a law enforcement  officer,  as  defined  in  subdivision
thirty-four  of  section  1.20  of  the  criminal  procedure law, AND AS
DEFINED BY SUBDIVISION TWO OF SECTION 2.10  OF  THE  CRIMINAL  PROCEDURE
LAW,  may  take any lawful action reasonably necessary to locate a child
or a party and assist a prosecutor or appropriate public  official  with
responsibilities under section seventy-seven-n of this title.
  S 22. Section 58 of the New York city criminal court act is amended by
adding a new subdivision 21 to read as follows:
  (21)  WHERE  AN  APPEARANCE  TICKET HAS BEEN SERVED BY A MEMBER OF THE
OFFICE OF THE SHERIFF OF THE CITY OF NEW YORK IN LIEU OF ARREST IN CASES
AUTHORIZED BY ARTICLE ONE HUNDRED FIFTY OF THE CRIMINAL PROCEDURE LAW, A
SERGEANT DEPUTY SHERIFF, LIEUTENANT  DEPUTY  SHERIFF,  UNDERSHERIFF,  OR
SHERIFF OF SUCH OFFICE OF THE SHERIFF IS HEREBY AUTHORIZED TO ADMINISTER
TO  THE  DEPUTY  SHERIFF  ALL  NECESSARY  OATHS  IN  CONNECTION WITH THE
EXECUTION OF THE ACCUSATORY INSTRUMENT TO BE PRESENTED IN COURT BY  SUCH
DEPUTY SHERIFF IN THE PROSECUTION OF SUCH OFFENSE.
  S  23.  Subdivisions  (b),  (c) and (d) of section 153-a of the family
court act, as added by chapter 416 of the laws of 1975, are  amended  to
read as follows:
  (b)  Unless  encountering physical resistance, flight or other factors
rendering normal procedure impractical, the arresting police officer  OR
A  SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must
inform the subject named therein that  a  warrant  for  his  arrest  for
attendance  at  the  proceeding designated therein has been issued. Upon
request of such subject, the police officer OR A  SHERIFF,  UNDERSHERIFF
OR  DEPUTY  SHERIFF OF THE CITY OF NEW YORK must show him the warrant if
he has it in his possession. The officer need not have  the  warrant  in
his  possession, and, if he has not, he must show it to the subject upon
request as soon after the arrest as possible.
  (c) In order to effect the arrest, the police officer  OR  A  SHERIFF,
UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF THE CITY OF NEW YORK may use such
physical force as is justifiable pursuant to section 35.30 of the  penal
law.
  (d)  In  order  to effect the arrest, the police officer OR A SHERIFF,
UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK  may  enter  any
premises in which he reasonably believes the subject named therein to be
present.  Before  such entry, he must give, or make reasonable effort to
give, notice of his authority and purpose to an occupant thereof.
  S 24. This act shall take effect immediately, provided, however,  that
sections  two,  three, four, five and six of this act shall apply to all
arrest warrants addressed to police officers or peace officers outstand-
ing on the date that this act shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.