NY State Senate Bill 2023-S5363

Senate Bill S5363

2023-2024 Legislative Session

Reclassifies court officers and court clerks of the unified court system under the definition of police officer; repealer

download bill text pdf

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Mar 02, 2023	referred to codes

2023-S5363 (ACTIVE) - Details

See Assembly Version of this Bill:: A9221
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, rpld §2.10 sub 21 ¶¶a & b, CP L

2023-S5363 (ACTIVE) - Summary

Reclassifies court officers and court clerks of the unified court system under the definition of police officer.

2023-S5363 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5363

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to reclassifying
court officers and court clerks of the unified court system under the
definition of police officer; and to repeal certain provisions of such
law relating thereto

 
PURPOSE:

The legislation amends subdivision 34 of Section 1.20 of the criminal
procedure law by reclassifying court officers as police officers.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends Criminal Procedure Law section 1.20(34)
by adding a new paragraph (w). This new paragraph adds uniformed court
officers of the Unified Court System to the definition of the term
"police officer."

Section two of this bill amends Criminal Procedure Law section 1.20(34)
by adding a new paragraph (x). This new paragraph adds court clerks in
the 1st and 2nd Departments of the Unified Court System to the defi-
nition of the term "police officer."

Section three of this bill repeals paragraphs (a), and (b) of subdivi-
sion 21 of section 2.10 of the Criminal Procedure Law.

Section four of this bill provides that this act shall take effect imme-
diately.

 
EXISTING LAW:

Currently, court clerks in the 1st and 2nd Departments and uniformed
court officers of the Unified Court System are classified as peace offi-
cers pursuant to Criminal Procedure Law section 2.10.

 
JUSTIFICATION:

This reclassification is necessary as a means of ensuring the safety of
New Yorkers. Currently court officers and court clerks are classified as
peace officers, thereby giving them the authority to maintain order and
ensure security while performing the duties of their office. By enacting
this reclassification, the court officers' and court clerks' authority
would be extended beyond the courtroom.

 
PRIOR LEGISLATIVE HISTORY:

2016: S.3347 - 3rd Reading Calendar.

2015: S.3347 - Referred to Codes

2014: S.5455 - Referred to Codes

2013: S.5455 - Referred to Codes

 
FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:
Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5363 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5363
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 reclassifying
   court officers and court clerks of the unified court system under  the
   definition of police officer; and to repeal certain provisions of such
   law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 34 of section 1.20 of  the  criminal  procedure
 law is amended by adding a new paragraph (w) to read as follows:
   (W) UNIFORMED COURT OFFICERS OF THE UNIFIED COURT SYSTEM.
   §  2.  Subdivision 34 of section 1.20 of the criminal procedure law is
 amended by adding a new paragraph (x) to read as follows:
   (X) COURT CLERKS OF THE UNIFIED COURT SYSTEM IN THE FIRST  AND  SECOND
 DEPARTMENTS.
   § 3. Paragraphs a and b of subdivision 21 of section 2.10 of the crim-
 inal procedure law are REPEALED.
   § 4. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09994-01-3

Comments

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joefromgc

11 months ago

Court officers have the most power out of all peace officers in New York State. Court officers are permitted to stop question and frisk near a court house, and are allowed to write moving violations pursuant to the Vehicle Traffic Law. Court officers at this point should be granted police officer status.

BrianThomasBaer

9 months ago

I completely agree. The hard part is not getting the Senate and Assembly to pass this bill; the hard part is we need to have a governor who is willing to sign it into law. We hope that Governor Hochul has the fortitude to do so.

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