Bill Text: NY A04715 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes Triborough bridge and tunnel peace officers the right to temporarily stop and question persons and conduct frisk for weapons.

Spectrum: Slight Partisan Bill (Democrat 9-4)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A04715 Detail]

Download: New_York-2013-A04715-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4715
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 8, 2013
                                      ___________
       Introduced  by  M.  of  A. CUSICK, MARKEY, DenDEKKER, ZEBROWSKI, MILLER,
         SCHIMMINGER, GOLDFEDER -- Multi-Sponsored by  --  M.  of  A.  BOYLAND,
         COLTON, GRAF, JORDAN, LAVINE, MALLIOTAKIS, MONTESANO, SALADINO -- read
         once and referred to the Committee on Codes
       AN  ACT  to  amend  the  criminal  procedure  law, in relation to adding
         Triborough bridge and tunnel authority peace officers to those able to
         conduct temporary questioning of persons
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 140.50 of the criminal procedure law, as amended by
    2  chapter 911 of the laws of 1972, subdivision 1 as amended by chapter 714
    3  of the laws of 1973, subdivision 2 as amended by chapter 237 of the laws
    4  of  1985  and subdivision 4 as added by chapter 176 of the laws of 2010,
    5  is amended to read as follows:
    6  S 140.50 Temporary questioning of persons in public places;  search  for
    7             weapons.
    8    1. In addition to the authority provided by this article for making an
    9  arrest without a warrant, a police officer may stop a person in a public
   10  place  located within the geographical area of such officer's employment
   11  when [he] SUCH POLICE OFFICER reasonably suspects that  such  person  is
   12  committing,  has  committed or is about to commit either (a) a felony or
   13  (b) a misdemeanor defined in the penal law, and may demand [of him  his]
   14  SUCH PERSON'S name, address and an explanation of his OR HER conduct.
   15    2.  Any  person  who  is  a  peace  officer  and who provides security
   16  services for any court of the unified court system may stop a person  in
   17  or  about  the  courthouse  to which [he] SUCH PEACE OFFICER is assigned
   18  when [he] SUCH PEACE OFFICER reasonably suspects  that  such  person  is
   19  committing,  has  committed or is about to commit either (a) a felony or
   20  (b) a misdemeanor defined in the penal law, and may demand [of him  his]
   21  SUCH PERSON'S name, address and an explanation of his OR HER conduct.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08115-01-3
       A. 4715                             2
    1    3.  ANY  PERSON  WHO IS A PEACE OFFICER AND ENFORCES ALL PROVISIONS OF
    2  LAW IN AND ABOUT THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY  FACILITIES,
    3  MAY  STOP A PERSON IN OR ABOUT SUCH FACILITIES TO WHICH SUCH PEACE OFFI-
    4  CER IS ASSIGNED WHEN SUCH PEACE OFFICER REASONABLY  SUSPECTS  THAT  SUCH
    5  PERSON  IS  COMMITTING, HAS COMMITTED OR IS ABOUT TO COMMIT EITHER (A) A
    6  FELONY OR (B) A MISDEMEANOR DEFINED IN THE PENAL  LAW,  AND  MAY  DEMAND
    7  SUCH PERSON'S NAME, ADDRESS AND AN EXPLANATION OF HIS OR HER CONDUCT.
    8    4.  When  upon  stopping  a  person  under circumstances prescribed in
    9  subdivisions one [and], two, AND THREE, a  police  officer  [or],  court
   10  officer,  OR  TRIBOROUGH  BRIDGE  AND  TUNNEL  AUTHORITY  PEACE OFFICER,
   11  SERGEANT, OR LIEUTENANT, as the case may be,  reasonably  suspects  that
   12  [he]  SUCH OFFICER is in danger of physical injury, he OR SHE may search
   13  such person for a deadly weapon or any instrument, article or  substance
   14  readily  capable  of  causing  serious physical injury and of a sort not
   15  ordinarily carried in public places by law-abiding persons. If [he] SUCH
   16  OFFICER finds [such] a weapon  or  instrument,  or  any  other  property
   17  possession  of  which  he  OR SHE reasonably believes may constitute the
   18  commission of a crime, he OR SHE may take  it  and  keep  it  until  the
   19  completion  of  the  questioning,  at  which time he OR SHE shall either
   20  return it, if lawfully possessed, or arrest such person.
   21    [4.] 5. In cities with a population of one million or  more,  informa-
   22  tion  that  establishes  the  personal identity of an individual who has
   23  been stopped, questioned and/or frisked by a  police  officer  or  peace
   24  officer,  such  as  the  name, address or social security number of such
   25  person, shall not be recorded in a computerized or  electronic  database
   26  if  that  individual is released without further legal action; provided,
   27  however, that this subdivision shall not  prohibit  police  officers  or
   28  peace  officers  from including in a computerized or electronic database
   29  generic characteristics of an individual, such as race and  gender,  who
   30  has been stopped, questioned and/or frisked by a police officer or peace
   31  officer.
   32    S 2. This act shall take effect on the first of December next succeed-
   33  ing the date on which it shall have become a law.