Bill Text: NY A06971 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 6971 (Prior Session Legislation)

Introduced

Bill Title: Relates to adding Triborough bridge and tunnel authority peace officers to those able to conduct temporary questioning of persons.

Spectrum: Slight Partisan Bill (Democrat 8-4)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A06971 Detail]

Download: New_York-2015-A06971-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6971
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 15, 2015
                                      ___________
       Introduced  by  M.  of  A. CUSICK, MARKEY, DenDEKKER, ZEBROWSKI, MILLER,
         SCHIMMINGER, GOLDFEDER -- Multi-Sponsored by -- M. of A. COLTON, GRAF,
         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.
                                                                  LBD10222-02-5
       A. 6971                             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  PEACE OFFICER EMPLOYED BY THE TRIBOROUGH BRIDGE AND TUNNEL
   11  AUTHORITY as the case may be, reasonably suspects that [he] SUCH OFFICER
   12  is in danger of physical injury, he OR SHE may search such person for  a
   13  deadly weapon or any instrument, article or substance readily capable of
   14  causing  serious physical injury and of a sort not ordinarily carried in
   15  public places by law-abiding persons. If [he] SUCH OFFICER finds  [such]
   16  a  weapon or instrument, or any other property possession of which he OR
   17  SHE reasonably believes may constitute the commission of a crime, he  OR
   18  SHE  may take it and keep it until the completion of the questioning, at
   19  which time he OR SHE shall either return it, if lawfully  possessed,  or
   20  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.