NY State Senate Bill 2023-S3358

Senate Bill S3358

2023-2024 Legislative Session

Authorizes enforcement officers of city courts in the county of Erie to exercise the same functions, powers and duties as sheriffs in certain situations

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	recommit, enacting clause stricken
Jan 03, 2024	referred to judiciary
Jan 31, 2023	referred to judiciary

2023-S3358 (ACTIVE) - Details

Law Section:: Uniform City Court Act
Laws Affected:: Amd §105, UCCA; amd §105, CPLR
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4275
2021-2022: S3907

2023-S3358 (ACTIVE) - Summary

Authorizes enforcement officers of city courts in the county of Erie, designated in lieu of the sheriff, to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts.

2023-S3358 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3358

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the uniform city court act and the civil practice law
and rules, in relation to authorizing enforcement officers of city
courts in the county of Erie, designated in lieu of the sheriff, to
exercise the same functions, powers and duties as sheriffs with respect
to the execution of money judgments of the supreme and family courts;
and providing for the repeal of certain provisions upon expiration ther-
eof

 
PURPOSE:

Grants enforcement officers of a city court, in Erie County, designed in
lieu of sheriff, same powers to execute money judgments as sheriffs
have.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - amends subdivision (b) of section 105 of the uniform city

court act, as amended by chapter 397 of the laws of 1998, to grant
enforcement officers of family and city courts in Erie County the same
powers a s sheriffs currently hold, with respect to the execution of
money judgments.

Section 2 - amends subdivision (s-1) of section 105 of the civil prac-
tice law and rules, as amended by chapter 80 of the laws of 1998,
prohibits enforcement officers of a city court, designated in lieu of
the sheriff, from having the powers of arrest.

Section 3 - Effective date

 
JUSTIFICATION:

The proposed amendment to the CPLR and the UCCA would clarify existing
laws, in regards to the jurisdiction of the city court marshals. This
would enable the marshals in Erie County to handle all executions of
their completion and ensure that the public would not have to incur
additional expenses.

 
FISCAL IMPLICATIONS:

None.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.3907A

2019-2020: REFERRED TO JUDICIARY

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2023-S3358 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3358
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the uniform city court act and the  civil  practice  law
   and  rules,  in  relation  to authorizing enforcement officers of city
   courts in the county of Erie, designated in lieu of  the  sheriff,  to
   exercise  the  same  functions,  powers  and  duties  as sheriffs with
   respect to the execution of money judgments of the supreme and  family
   courts;  and providing for the repeal of certain provisions upon expi-
   ration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  (b) of section 105 of the uniform city court
 act, as amended by chapter 397 of the laws of 1988, is amended  to  read
 as follows:
   (b) (1) Enforcement officers; police officers. The enforcement officer
 of  a  city court shall be the sheriff of the county in which such court
 is located; provided, however, in each city where,  on  June  thirtieth,
 nineteen  hundred  eighty-eight, public officers thereof were authorized
 to designate the enforcement officer of the city court established ther-
 ein, such public officers may continue to exercise such authority and to
 designate another person or officer as enforcement officer  in  lieu  of
 the  sheriff.  The  enforcement  officers of the court shall perform the
 same duties as are performed by sheriffs in the supreme court and  shall
 have,  within  their territorial jurisdiction and subject to any limita-
 tions imposed by [this act or by other provision of] law, such power  to
 serve  and  execute the processes and mandates of the court as a sheriff
 has with regard to the processes and mandates of the supreme court. They
 shall also have, within  their  territorial  jurisdiction,  all  of  the
 powers  in criminal matters of a constable of a town in the state of New
 York. It shall also be the duty of the police officers of  the  city  to
 execute  all  criminal  processes and mandates of the court.  Neither an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07416-01-3

 S. 3358                             2
 
 enforcement officer nor a  police  officer  shall  receive  any  fee  or
 compensation  for  the  service  or execution of any criminal process or
 mandate issued out of the court.
   (2) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 IN  THE  COUNTY  OF  ERIE  ALL PROVISIONS OF LAW RELATING TO THE POWERS,
 DUTIES AND LIABILITIES OF SHERIFFS IN LIKE CASES  WITH  RESPECT  TO  THE
 EXECUTION OF MONEY JUDGMENTS RENDERED BY ANY FAMILY COURT OR ANY SUPREME
 COURT OF THE COUNTY IN WHICH A CITY COURT IS LOCATED, SHALL APPLY TO THE
 ENFORCEMENT  OFFICER  OF  SUCH CITY COURT, WHO WAS DESIGNATED IN LIEU OF
 THE SHERIFF.
   § 2. Subdivision (s-1) of section 105 of the civil  practice  law  and
 rules,  as amended by chapter 80 of the laws of 1998, is amended to read
 as follows:
   (s-1) The sheriff. The term "the sheriff", as used  in  this  chapter,
 means  the county sheriff as defined in subdivision (a) of section thir-
 teen of article thirteen of the constitution and in counties in the city
 of New York, the city sheriff as  defined  in  section  fifteen  hundred
 twenty-six  of  [chapter  fifty-eight of] the New York city charter. For
 the purposes of article  fifty-two  of  this  chapter  relating  to  the
 enforcement  of money judgments and for the purposes of any provision of
 law which in effect applies any such provision of article  fifty-two  of
 this chapter, such term shall also mean any "city marshal" as defined in
 article sixteen of the New York city civil court act AND ANY ENFORCEMENT
 OFFICER  OF A CITY COURT, DESIGNATED IN LIEU OF THE SHERIFF, PURSUANT TO
 SUBDIVISION (B) OF SECTION ONE HUNDRED FIVE OF THE  UNIFORM  CITY  COURT
 ACT,  except that city marshals AND SUCH ENFORCEMENT OFFICERS shall have
 no power to levy upon or sell real property and city marshals  AND  SUCH
 ENFORCEMENT OFFICERS shall have no power of arrest.
   §  3.  This  act shall take effect immediately; provided, that section
 one of this act shall expire and be deemed repealed on the same date and
 in the same manner as chapter 455 of  the  laws  of  1997,  as  amended;
 provided,  however,  that the amendments to subdivision (s-1) of section
 105 of the civil practice law and rules made by section two of this  act
 shall  not affect the repeal of such subdivision pursuant to chapter 455
 of the laws of 1997, as amended, and shall be deemed repealed therewith.

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