BILL NUMBER: S4499              REVISED MEMO 01/19/2018

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to designating sheriffs, under-sheriffs and deputy sheriffs of
the city of New York as police officers

 
PURPOSE:

Relates to the definition of a police officer.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (b) of subdivision 34 of section 1.20 of the
Criminal Procedure Law.

This law amends Criminal Procedure Law 120, section 34, subdivision (b)
of the consolidated laws of the State of New York to provide that the
Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New York be
considered police officers. The Sheriff, Under-sheriffs, and Deputy
Sheriffs of the City of New York perform a number of duties with respect
              

to enforcement of laws relating to criminal activity and City taxes and
deed fraud investigations in the same manner in which police officers
are presently authorized to perform. This amendment will afford the
Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New York the
same powers and immunities as police officers with respect to executing
an arrest warrant, procuring and serving a summons, procuring and serv-
ing an appearance ticket, executing a bench warrant, executing a materi-
al witness warrant, and applying for and executing search warrants in
connection with the enforcement of New York City cigarette tax laws and
State Tax Law provisions relating to the tax on cigarettes and tobacco
products.

It will also give the Sheriff, Under-sheriffs, and Deputy Sheriffs of
the City of New York the same powers and immunities that police officers
have with respect to executing a warrant for arrest for appearance at a
proceeding under the Family Court Act, and the authority to take any
lawful action necessary to locate a child or a party to a proceeding at
the request of a prosecutor or other public official in a case relating
to child custody or wrongful removal or retention of a child, as do
police officers, pursuant to the Domestic Relations Law.

It will also give Sheriff, Under-sheriffs, and Deputy Sheriffs of the
City of New York the same powers and immunities as police officers have
with respect to enforcing any order, judgment or warrant obtained by any
City agency.

Section 2 amends subdivision 2 of section 2.10 of the criminal procedure
law, as amended by chapter 969 of the laws of 1983 by deleting peace
officer provisions for the sheriff, undersheriff and deputy sheriffs of
New York City.

Section 3 is the effective date.

 
JUSTIFICATION:

Sections 650 and 901 of the County Law authorize the Sheriff to be an
officer of the court and conservator of the peace. Under current statu-
tory law, the Sheriff, Under-sheriffs, and Deputy Sheriffs of the City
of New York are limited to the powers of peace officers, which do not
authorize these officers to perform certain law enforcement actions such
as serving warrants and making arrests, other than in limited circum-
stances concerning Family Court matters and violation of cigarette tax
laws. As the Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of
New York are trained and equipped to perform such functions and have
received New York State police officer training, this local law will
improve efficiency in enforcing criminal laws and tax laws by authoriz-
ing the Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New
York to do so.  As the Family Court of the City of New York increasingly
utilizes the city sheriff to enforce its process, this local law will
clarify and enhance the ability of the office of the sheriff to do so.
This local law will also enable the New York City Department of Finance,
by means of the office of the city sheriff, to effectively enforce court
orders relating to tax enforcement and deed f raud investigations with-
out the need to burden the New York City Police Department or New York
State tax officers.

 
LEGISLATIVE HISTORY:

2017: S.4499- Referred to Codes/ A.6067 - Referred to Codes
2016: S.6565 - 3rd Reading Calendar / A.7998 - Referred to Codes.
2015: A.7998 - Referred to Codes.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.