Bill Text: NY A07165 | 2009-2010 | General Assembly | Introduced
Bill Title: Expands the authority of deputy sheriffs of the counties of New York city who are designated peace officers under the criminal procedure law.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-06 - referred to codes [A07165 Detail]
Download: New_York-2009-A07165-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7165
2009-2010 Regular Sessions
I N A S S E M B L Y
March 25, 2009
___________
Introduced by M. of A. ABBATE, DenDEKKER, TOWNSEND, PHEFFER, SALADINO --
read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, the domestic relations law,
the New York city criminal court act and the family court act, in
relation to deputy sheriffs in the city of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 28, 29 and 30 of section 1.20 of the criminal
2 procedure law, subdivision 30 as amended by chapter 265 of the laws of
3 1976, are amended to read as follows:
4 28. "Warrant of arrest" means a process of a local criminal court,
5 more fully defined in section 120.10, directing a police officer OR A
6 SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK to
7 arrest a defendant and to bring him before such court for the purpose of
8 arraignment upon an accusatory instrument filed therewith by which a
9 criminal action against him has been commenced.
10 29. "Superior court warrant of arrest" means a process of a superior
11 court directing a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
12 SHERIFF OF THE CITY OF NEW YORK to arrest a defendant and to bring him
13 before such court for the purpose of arraignment upon an indictment
14 filed therewith by which a criminal action against him has been
15 commenced.
16 30. "Bench warrant" means a process of a criminal court in which a
17 criminal action is pending, directing a police officer, OR A SHERIFF,
18 UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK or a uniformed
19 court officer, pursuant to paragraph b of subdivision two of section
20 530.70 of this chapter, to take into custody a defendant in such action
21 who has previously been arraigned upon the accusatory instrument by
22 which the action was commenced, and to bring him before such court. The
23 function of a bench warrant is to achieve the court appearance of a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10441-01-9
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1 defendant in a pending criminal action for some purpose other than his
2 initial arraignment in the action.
3 S 2. Section 120.10 of the criminal procedure law, as amended by chap-
4 ter 424 of the laws of 1998, is amended to read as follows:
5 S 120.10 Warrant of arrest; definition, function, form and content.
6 1. A warrant of arrest is a process issued by a local criminal court
7 directing a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
8 OF THE CITY OF NEW YORK to arrest a defendant designated in an accusato-
9 ry instrument filed with such court and to bring him before such court
10 in connection with such instrument. The sole function of a warrant of
11 arrest is to achieve a defendant's court appearance in a criminal action
12 for the purpose of arraignment upon the accusatory instrument by which
13 such action was commenced.
14 2. A warrant of arrest must be subscribed by the issuing judge and
15 must state or contain (a) the name of the issuing court, and (b) the
16 date of issuance of the warrant, and (c) the name or title of an offense
17 charged in the underlying accusatory instrument, and (d) the name of the
18 defendant to be arrested or, if such be unknown, any name or description
19 by which he can be identified with reasonable certainty, and (e) the
20 police officer or officers to whom the warrant is addressed, and (f) a
21 direction that such officer arrest the defendant and bring him before
22 the issuing court.
23 3. A warrant of arrest may be addressed to a classification of police
24 officers, or to two or more classifications thereof, as well as to a
25 designated individual police officer or officers OR TO A SHERIFF, UNDER-
26 SHERIFF OR DEPUTY SHERIFF OF THE CITY OF NEW YORK AS WELL AS TO A DESIG-
27 NATED INDIVIDUAL SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY OF
28 NEW YORK. Multiple copies of such a warrant may be issued.
29 S 3. Section 120.50 of the criminal procedure law, as amended by chap-
30 ter 424 of the laws of 1998, is amended to read as follows:
31 S 120.50 Warrant of arrest; to what police officers OR PEACE OFFICERS
32 addressed.
33 A warrant of arrest may be addressed to any police officer or classi-
34 fication of police officers OR TO A SHERIFF, UNDERSHERIFF OR DEPUTY
35 SHERIFF OF THE CITY OF NEW YORK whose geographical area of employment
36 embraces either the place where the offense charged was allegedly
37 committed or the locality of the court by which the warrant is issued.
38 S 4. Section 120.60 of the criminal procedure law, as amended by chap-
39 ter 424 of the laws of 1998, is amended to read as follows:
40 S 120.60 Warrant of arrest; what police officers OR PEACE OFFICERS may
41 execute.
42 1. A warrant of arrest may be executed by (a) any police officer OR A
43 SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK to whom
44 it is addressed, or (b) any other police officer OR A SHERIFF, UNDER-
45 SHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK delegated to execute
46 it under circumstances prescribed in subdivisions two and three.
47 2. A police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF
48 THE CITY OF NEW YORK to whom a warrant of arrest is addressed may dele-
49 gate another officer OR A SHERIFF, UNDERSHERIFF, OR A DEPUTY SHERIFF OF
50 THE CITY OF NEW YORK to whom it is not addressed to execute such warrant
51 as his agent when:
52 (a) He has reasonable cause to believe that the defendant is in a
53 particular county other than the one in which the warrant is returnable;
54 and
55 (b) The warrant is, pursuant to section 120.70, executable in such
56 other county without endorsement by a local criminal court thereof; and
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1 (c) The geographical area of employment of the delegated police offi-
2 cer OR THE SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFFS OF THE CITY OF NEW
3 YORK embraces the locality where the arrest is to be made.
4 3. Under circumstances specified in subdivision two, the police offi-
5 cer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
6 YORK to whom the warrant is addressed may inform the delegated officer,
7 by telecommunication, mail or any other means, of the issuance of the
8 warrant, of the offense charged in the underlying accusatory instrument
9 and of all other pertinent details, and may request him to act as his
10 agent in arresting the defendant pursuant to such warrant. Upon such
11 request, the delegated police officer OR A SHERIFF, UNDERSHERIFF, OR
12 DEPUTY SHERIFF OF THE CITY OF NEW YORK is to the same extent as the
13 delegating officer, authorized to make such arrest pursuant to the
14 warrant within the geographical area of such delegated officer's OR A
15 SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK'S
16 employment. Upon so arresting the defendant, he must proceed as
17 provided in subdivisions two and four of section 120.90.
18 S 5. Subdivisions 2, 3, 4 and 5 of section 120.80 of the criminal
19 procedure law, subdivisions 2 and 3 and the opening paragraph of subdi-
20 vision 4 as amended by chapter 424 of the laws of 1998, subdivision 4 as
21 amended by chapter 504 of the laws of 1991 and subdivision 5 as amended
22 by chapter 843 of the laws of 1980, are amended to read as follows:
23 2. Unless encountering physical resistance, flight or other factors
24 rendering normal procedure impractical, the arresting police officer OR
25 A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must
26 inform the defendant that a warrant for his arrest for the offense
27 designated therein has been issued. Upon request of the defendant, the
28 officer OR A SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFF OF THE CITY OF
29 NEW YORK must show him the warrant if he has it in his possession. The
30 officer need not have the warrant in his possession, and, if he has not,
31 he must show it to the defendant upon request as soon after the arrest
32 as possible.
33 3. In order to effect the arrest, the police officer OR A SHERIFF,
34 UNDERSHERIFF, AND DEPUTY SHERIFF OF THE CITY OF NEW YORK may use such
35 physical force as is justifiable pursuant to section 35.30 of the penal
36 law.
37 4. In order to effect the arrest, the police officer OR A SHERIFF,
38 UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK may, under
39 circumstances and in the manner prescribed in this subdivision, enter
40 any premises in which he reasonably believes the defendant to be pres-
41 ent; provided, however, that where the premises in which the officer
42 reasonably believes the defendant to be present is the dwelling of a
43 third party who is not the subject of the arrest warrant, the officer OR
44 A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall
45 proceed in the manner specified in article 690 of this chapter. Before
46 such entry, he must give, or make reasonable effort to give, notice of
47 his authority and purpose to an occupant thereof, unless there is
48 reasonable cause to believe that the giving of such notice will:
49 (a) Result in the defendant escaping or attempting to escape; or
50 (b) Endanger the life or safety of the officer OR A SHERIFF, UNDER-
51 SHERIFF, AND DEPUTY SHERIFF OF THE CITY OF NEW YORK or another person;
52 or
53 (c) Result in the destruction, damaging or secretion of material
54 evidence.
55 5. If the officer [is] OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
56 OF THE CITY OF NEW YORK ARE authorized to enter premises without giving
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1 notice of his authority and purpose, or if after giving such notice he
2 is not admitted, he may enter such premises, and by a breaking if neces-
3 sary.
4 S 6. Section 120.90 of the criminal procedure law, as amended by chap-
5 ter 424 of the laws of 1998, is amended to read as follows:
6 S 120.90 Warrant of arrest; procedure after arrest.
7 1. Upon arresting a defendant for any offense pursuant to a warrant
8 of arrest in the county in which the warrant is returnable or in any
9 adjoining county, or upon so arresting him for a felony in any other
10 county, a police officer, OR A SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFF
11 OF THE CITY OF NEW YORK if he be one to whom the warrant is addressed,
12 must without unnecessary delay bring the defendant before the local
13 criminal court in which such warrant is returnable.
14 2. Upon arresting a defendant for any offense pursuant to a warrant
15 of arrest in a county adjoining the county in which the warrant is
16 returnable, or upon so arresting him for a felony in any other county, a
17 police officer, if he be one delegated to execute the warrant pursuant
18 to section 120.60, must without unnecessary delay deliver the defendant
19 or cause him to be delivered to the custody of the officer OR A SHERIFF,
20 UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK by whom he was
21 so delegated, and the latter must then proceed as provided in subdivi-
22 sion one.
23 3. Upon arresting a defendant for an offense other than a felony
24 pursuant to a warrant of arrest in a county other than the one in which
25 the warrant is returnable or one adjoining it, a police officer, OR A
26 SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK if he
27 be one to whom the warrant is addressed, must inform the defendant that
28 he has a right to appear before a local criminal court of the county of
29 arrest for the purpose of being released on his own recognizance or
30 having bail fixed. If the defendant does not desire to avail himself of
31 such right, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF
32 THE CITY OF NEW YORK must request him to endorse such fact upon the
33 warrant, and upon such endorsement the officer OR A SHERIFF, UNDERSHER-
34 IFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must without unnecessary
35 delay bring him before the court in which the warrant is returnable. If
36 the defendant does desire to avail himself of such right, or if he
37 refuses to make the aforementioned endorsement, the officer OR A SHER-
38 IFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must with-
39 out unnecessary delay bring him before a local criminal court of the
40 county of arrest. Such court must release the defendant on his own
41 recognizance or fix bail for his appearance on a specified date in the
42 court in which the warrant is returnable. If the defendant is in
43 default of bail, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
44 IFF OF THE CITY OF NEW YORK must without unnecessary delay bring him
45 before the court in which the warrant is returnable.
46 4. Upon arresting a defendant for an offense other than a felony
47 pursuant to a warrant of arrest in a county other than the one in which
48 the warrant is returnable or one adjoining it, a police officer, OR A
49 SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK if he
50 be one delegated to execute the warrant pursuant to section 120.60, may
51 hold the defendant in custody in the county of arrest for a period not
52 exceeding two hours for the purpose of delivering him to the custody of
53 the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF
54 NEW YORK by whom he was delegated to execute such warrant. If the deleg-
55 ating officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY
56 OF NEW YORK receives custody of the defendant during such period, he
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1 must proceed as provided in subdivision three. Otherwise, the delegated
2 officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
3 YORK must inform the defendant that he has a right to appear before a
4 local criminal court for the purpose of being released on his own recog-
5 nizance or having bail fixed. If the defendant does not desire to avail
6 himself of such right, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
7 SHERIFF OF THE CITY OF NEW YORK must request him to make, sign and
8 deliver to him a written statement of such fact, and if the defendant
9 does so, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF
10 THE CITY OF NEW YORK must retain custody of him but must without unnec-
11 essary delay deliver him or cause him to be delivered to the custody of
12 the delegating police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
13 SHERIFF OF THE CITY OF NEW YORK. If the defendant does desire to avail
14 himself of such right, or if he refuses to make and deliver the afore-
15 mentioned statement, the delegated or arresting officer OR A SHERIFF,
16 UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must without
17 unnecessary delay bring him before a local criminal court of the county
18 of arrest and must submit to such court a written statement reciting the
19 material facts concerning the issuance of the warrant, the offense
20 involved, and all other essential matters relating thereto. Upon the
21 submission of such statement, such court must release the defendant on
22 his own recognizance or fix bail for his appearance on a specified date
23 in the court in which the warrant is returnable. If the defendant is in
24 default of bail, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
25 IFF OF THE CITY OF NEW YORK must retain custody of him but must without
26 unnecessary delay deliver him or cause him to be delivered to the custo-
27 dy of the delegating officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
28 IFF OF THE CITY OF NEW YORK. Upon receiving such custody, the latter
29 must without unnecessary delay bring the defendant before the court in
30 which the warrant is returnable.
31 5. Whenever a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
32 SHERIFF OF THE CITY OF NEW YORK is required pursuant to this section to
33 bring an arrested defendant before a town court in which a warrant of
34 arrest is returnable, and if such town court is not available at the
35 time, such officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE
36 CITY OF NEW YORK must, if a copy of the underlying accusatory instrument
37 has been attached to the warrant pursuant to section 120.40, instead
38 bring such defendant before any village court embraced, in whole or in
39 part, by such town, or any local criminal court of an adjoining town or
40 city of the same county or any village court embraced, in whole or in
41 part, by such adjoining town. When the court in which the warrant is
42 returnable is a village court which is not available at the time, the
43 officer must in such circumstances bring the defendant before the town
44 court of the town embracing such village or any other village court
45 within such town or, if such town court or village court is not avail-
46 able either, before the local criminal court of any town or city of the
47 same county which adjoins such embracing town or, before the local crim-
48 inal court of any village embraced in whole or in part by such adjoining
49 town. When the court in which the warrant is returnable is a city court
50 which is not available at the time, the officer must in such circum-
51 stances bring the defendant before the local criminal court of any
52 adjoining town or village embraced in whole or in part by such adjoining
53 town of the same county.
54 6. Before bringing a defendant arrested pursuant to a warrant before
55 the local criminal court in which such warrant is returnable, a police
56 officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
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1 YORK must without unnecessary delay perform all fingerprinting and other
2 preliminary police duties required in the particular case. In any case
3 in which the defendant is not brought by a police officer OR A SHERIFF,
4 UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK before such
5 court but, following his arrest in another county for an offense speci-
6 fied in subdivision one of section 160.10, is released by a local crimi-
7 nal court of such other county on his own recognizance or on bail for
8 his appearance on a specified date before the local criminal court
9 before which the warrant is returnable, the latter court must, upon
10 arraignment of the defendant before it, direct that he be fingerprinted
11 by the appropriate officer or agency, and that he appear at an appropri-
12 ate designated time and place for such purpose.
13 7. Upon arresting a juvenile offender, the police officer OR A SHER-
14 IFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall imme-
15 diately notify the parent or other person legally responsible for his
16 care or the person with whom he is domiciled, that the juvenile offender
17 has been arrested, and the location of the facility where he is being
18 detained.
19 S 7. Subdivision 1 of section 130.40 of the criminal procedure law is
20 amended to read as follows:
21 1. A summons may be served by a police officer OR A SHERIFF, UNDER-
22 SHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK, or by a complainant
23 at least eighteen years old or by any other person at least eighteen
24 years old designated by the court.
25 S 8. Subdivision 3 of section 140.50 of the criminal procedure law, as
26 amended by chapter 911 of the laws of 1972, is renumbered subdivision 4
27 and amended and a new subdivision 3 is added to read as follows:
28 3. ANY PERSON WHO IS A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE
29 CITY OF NEW YORK AND WHO IS ENGAGED IN THE COURSE OF PERFORMING HIS
30 SPECIAL DUTIES MAY STOP A PERSON WITHIN THE CITY OF NEW YORK WHEN HE
31 REASONABLY SUSPECTS THAT SUCH PERSON IS COMMITTING, HAS COMMITTED, OR IS
32 ABOUT TO COMMIT EITHER (A) A FELONY OR (B) A MISDEMEANOR DEFINED IN THE
33 PENAL LAW, AND MAY DEMAND OF HIM HIS NAME, ADDRESS AND AN EXPLANATION OF
34 HIS CONDUCT.
35 4. When upon stopping a person under circumstances prescribed in
36 [subdivisions] SUBDIVISION one [and], two OR THREE a police officer
37 [or], court officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE
38 CITY OF NEW YORK, as the case may be, reasonably suspects that he is in
39 danger of physical injury, he may search such person for a deadly weapon
40 or any instrument, article or substance readily capable of causing seri-
41 ous physical injury and of a sort not ordinarily carried in public plac-
42 es by law-abiding persons. If he finds such a weapon or instrument, or
43 any other property possession of which he reasonably believes may
44 constitute the commission of a crime, he may take it and keep it until
45 the completion of the questioning, at which time he shall either return
46 it, if lawfully possessed, or arrest such person.
47 S 9. Subdivision 1 of section 150.10 of the criminal procedure law, as
48 amended by chapter 67 of the laws of 1996, is amended to read as
49 follows:
50 1. An appearance ticket is a written notice issued and subscribed by a
51 police officer OR A SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY
52 OF NEW YORK or other public servant authorized by state law or local law
53 enacted pursuant to the provisions of the municipal home rule law to
54 issue the same, directing a designated person to appear in a designated
55 local criminal court at a designated future time in connection with his
56 alleged commission of a designated offense. A notice conforming to such
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1 definition constitutes an appearance ticket regardless of whether it is
2 referred to in some other provision of law as a summons or by any other
3 name or title.
4 S 10. Subdivision 2 of section 530.70 of the criminal procedure law,
5 as amended by chapter 352 of the laws of 1991, is amended to read as
6 follows:
7 2. A bench warrant may be addressed to: (a) any police officer whose
8 geographical area of employment embraces either the place where the
9 offense charged was allegedly committed or the locality of the court by
10 which the warrant is issued; or (b) any uniformed court officer for a
11 court in the city of New York, the county of Nassau, the county of
12 Suffolk or the county of Westchester that is part of the unified court
13 system of the state for execution in the building wherein such court
14 officer is employed or in the immediate vicinity thereof; OR (C) A SHER-
15 IFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY OF NEW YORK WHERE THE
16 OFFENSE CHARGED WAS ALLEGEDLY COMMITTED WITHIN THE CITY OF NEW YORK. A
17 bench warrant must be executed in the same manner as a warrant of
18 arrest, as provided in section 120.80, and following the arrest, such
19 executing police officer or court officer OR A SHERIFF, UNDERSHERIFF, OR
20 DEPUTY SHERIFF OF THE CITY OF NEW YORK must without unnecessary delay
21 bring the defendant before the court in which it is returnable;
22 provided, however, if the court in which the bench warrant is returnable
23 is a city, town or village court, and such court is not available, and
24 the bench warrant is addressed to a police officer OR A SHERIFF, UNDER-
25 SHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK, such executing
26 [police] officer must without unnecessary delay bring the defendant
27 before an alternate local criminal court, as provided in subdivision
28 five of section 120.90; or if the court in which the bench warrant is
29 returnable is a superior court, and such court is not available, and the
30 bench warrant is addressed to a police officer OR A SHERIFF, UNDERSHER-
31 IFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK, such executing [police]
32 officer may bring the defendant to the local correctional facility of
33 the county in which such court sits, to be detained there until not
34 later than the commencement of the next session of such court occurring
35 on the next business day.
36 S 11. Section 570.34 of the criminal procedure law is amended to read
37 as follows:
38 S 570.34 Arrest of accused without warrant therefor.
39 The arrest of a person in this state may be lawfully made also by any
40 police officer, OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE
41 CITY OF NEW YORK or a private person, without a warrant, upon reasonable
42 information that the accused stands charged in the courts of another
43 state with a crime punishable by death or imprisonment for a term
44 exceeding one year; but when so arrested the accused must be taken
45 before a local criminal court with all practicable speed and complaint
46 must be made against him under oath setting forth the ground for the
47 arrest as in the preceding section; and, thereafter, his answers shall
48 be heard as if he had been arrested on a warrant.
49 S 12. Paragraph (b) of subdivision 2 of section 620.30 of the criminal
50 procedure law is amended to read as follows:
51 (b) If in addition to the allegations specified in subdivision one,
52 the application contains further allegations demonstrating to the satis-
53 faction of the court reasonable cause to believe that (i) the witness
54 would be unlikely to respond to such an order, or (ii) after previously
55 having been served with such an order, he did not respond thereto, the
56 court may issue a warrant addressed to a police officer OR A SHERIFF,
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1 UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY OF NEW YORK, directing such
2 officer to take such prospective witness into custody within the state
3 and to bring him before the court forthwith in order that a proceeding
4 may be conducted to determine whether he is to be adjudged a material
5 witness.
6 S 13. Section 690.05 of the criminal procedure law, subdivision 2 as
7 amended by chapter 504 of the laws of 1991 and the opening paragraph of
8 subdivision 2 as amended by chapter 424 of the laws of 1998, is amended
9 to read as follows:
10 S 690.05 Search warrants; in general; definition.
11 1. Under circumstances prescribed in this article, a local criminal
12 court may, upon application of a police officer, OR A SHERIFF, UNDER-
13 SHERIFF OR DEPUTY SHERIFF OF THE CITY OF NEW YORK, a district attorney
14 or other public servant acting in the course of his official duties,
15 issue a search warrant.
16 2. A search warrant is a court order and process directing a police
17 officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
18 YORK to conduct:
19 (a) a search of designated premises, or of a designated vehicle, or of
20 a designated person, for the purpose of seizing designated property or
21 kinds of property, and to deliver any property so obtained to the court
22 which issued the warrant; or
23 (b) a search of a designated premises for the purpose of searching for
24 and arresting a person who is the subject of: (i) a warrant of arrest
25 issued pursuant to this chapter, a superior court warrant of arrest
26 issued pursuant to this chapter, or a bench warrant for a felony issued
27 pursuant to this chapter, where the designated premises is the dwelling
28 of a third party who is not the subject of the arrest warrant; or
29 (ii) a warrant of arrest issued by any other state or federal court
30 for an offense which would constitute a felony under the laws of this
31 state, where the designated premises is the dwelling of a third party
32 who is not the subject of the arrest warrant.
33 S 14. Section 690.25 of the criminal procedure law is amended by
34 adding a new subdivision 3 to read as follows:
35 3. A SEARCH WARRANT MAY BE ADDRESSED TO A SHERIFF, UNDERSHERIFF, OR
36 DEPUTY SHERIFF OF THE CITY OF NEW YORK, TO BE EXECUTED PURSUANT TO ITS
37 TERMS WITHIN THE CITY OF NEW YORK.
38 S 15. Paragraph (b) of subdivision 4 of section 690.35 of the criminal
39 procedure law, as amended by chapter 424 of the laws of 1998, is amended
40 to read as follows:
41 (b) A request that the search warrant authorize the executing police
42 officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
43 YORK to enter premises to be searched without giving notice of his
44 authority and purpose, upon the ground that there is reasonable cause to
45 believe that (i) the property sought may be easily and quickly destroyed
46 or disposed of, or (ii) the giving of such notice may endanger the life
47 or safety of the executing officer or another person, or (iii) in the
48 case of an application for a search warrant as defined in paragraph (b)
49 of subdivision two of section 690.05 for the purpose of searching for
50 and arresting a person who is the subject of a warrant for a felony, the
51 person sought is likely to commit another felony, or may endanger the
52 life or safety of the executing officer or another person.
53 S 16. Subdivision 2 of section 690.40 of the criminal procedure law,
54 as amended by chapter 424 of the laws of 1998, is amended to read as
55 follows:
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1 2. If the court is satisfied that there is reasonable cause to believe
2 that property of a kind or character referred to in section 690.10, and
3 described in the application, may be found in or upon the place, prem-
4 ises, vehicle or person designated or described in the application, or,
5 in the case of an application for a search warrant as defined in para-
6 graph (b) of subdivision two of section 690.05, that there is reasonable
7 cause to believe that the person who is the subject of a warrant of
8 arrest, a superior court warrant of arrest, or a bench warrant for a
9 felony may be found at the premises designated in the application, it
10 may grant the application and issue a search warrant directing a search
11 of the said place, premises, vehicle or person and a seizure of the
12 described property or the described person. If the court is further
13 satisfied that grounds, described in subdivision four of section 690.35,
14 exist for authorizing the search to be made at any hour of the day or
15 night, or without giving notice of the police officer's OR A SHERIFF'S,
16 UNDERSHERIFF'S, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK'S authority
17 and purpose, it may make the search warrant executable accordingly.
18 S 17. Subdivisions 3 and 7 of section 690.45 of the criminal procedure
19 law, as amended by chapter 424 of the laws of 1998, are amended to read
20 as follows:
21 3. The name, department or classification of the police officer OR A
22 SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK to whom
23 it is addressed; and
24 7. An authorization, where the court has specially so determined, that
25 the executing police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
26 IFF OF THE CITY OF NEW YORK enter the premises to be searched without
27 giving notice of his authority and purpose; and
28 S 18. Section 690.50 of the criminal procedure law, as amended by
29 chapter 424 of the laws of 1998, is amended to read as follows:
30 S 690.50 Search warrants; execution thereof.
31 1. In executing a search warrant directing a search of premises or a
32 vehicle, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
33 OF THE CITY OF NEW YORK must, except as provided in subdivision two,
34 give, or make reasonable effort to give, notice of his authority and
35 purpose to an occupant thereof before entry and show him the warrant or
36 a copy thereof upon request. If he is not thereafter admitted, he may
37 forcibly enter such premises or vehicle and may use against any person
38 resisting his entry or search thereof as much physical force, other than
39 deadly physical force, as is necessary to execute the warrant; and he
40 may use deadly physical force if he reasonably believes such to be
41 necessary to defend himself or a third person from what he reasonably
42 believes to be the use or imminent use of deadly physical force.
43 2. In executing a search warrant directing a search of premises or a
44 vehicle, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
45 OF THE CITY OF NEW YORK need not give notice to anyone of his authority
46 and purpose, as prescribed in subdivision one, but may promptly enter
47 the same if:
48 (a) Such premises or vehicle are at the time unoccupied or reasonably
49 believed by the officer to be unoccupied; or
50 (b) The search warrant expressly authorizes entry without notice.
51 3. In executing a search warrant directing or authorizing a search of
52 a person, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
53 OF THE CITY OF NEW YORK must give, or make reasonable effort to give,
54 such person notice of his authority and purpose and show him the warrant
55 or a copy thereof upon request. If such person, or another, thereafter
56 resists or refuses to permit the search, the officer may use as much
A. 7165 10
1 physical force, other than deadly physical force, as is necessary to
2 execute the warrant; and he may use deadly physical force if he reason-
3 ably believes such to be necessary to defend himself or a third person
4 from what he reasonably believes to be the use or imminent use of deadly
5 physical force.
6 4. Upon seizing property pursuant to a search warrant, a police offi-
7 cer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
8 YORK must write and subscribe a receipt itemizing the property taken and
9 containing the name of the court by which the warrant was issued. If
10 property is taken from a person, such receipt must be given to such
11 person. If property is taken from premises or a vehicle, such receipt
12 must be given to the owner, tenant or other person in possession thereof
13 if he is present; or if he is not, the officer must leave such a receipt
14 in the premises or vehicle from which the property was taken.
15 5. Upon seizing property pursuant to a search warrant, a police offi-
16 cer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
17 YORK must without unnecessary delay return to the court the warrant and
18 the property, and must file therewith a written inventory of such prop-
19 erty, subscribed and sworn to by such officer.
20 6. Upon arresting a person during a search for him or her pursuant to
21 a search warrant as defined in paragraph (b) of subdivision two of
22 section 690.05, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
23 SHERIFF OF THE CITY OF NEW YORK shall comply with the terms of the
24 warrant of arrest, superior court warrant of arrest, or bench warrant
25 for a felony, and shall proceed in the manner directed by this chapter.
26 Upon arresting such person, the police officer OR A SHERIFF, UNDERSHER-
27 IFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall also, without
28 unnecessary delay, file a written statement with the court which issued
29 the search warrant, subscribed and sworn to by such officer, setting
30 forth that the person has been arrested and duly brought before the
31 appropriate court, return to the court the warrant and the property
32 seized in the course of its execution, and file therewith a written
33 inventory of any such property, subscribed and sworn to by such officer.
34 S 19. Paragraph (b) of subdivision 1 of section 690.55 of the criminal
35 procedure law, as amended by chapter 424 of the laws of 1998, is amended
36 to read as follows:
37 (b) Direct that it be held in the custody of the person who applied
38 for the warrant, or of the police officer OR A SHERIFF, UNDERSHERIFF, OR
39 DEPUTY SHERIFF OF THE CITY OF NEW YORK who executed it, or of the
40 governmental or official agency or department by which either such
41 public servant is employed, upon condition that upon order of such court
42 such property be returned thereto or delivered to another court.
43 S 20. Subdivision 18 of section 75-a of the domestic relations law, as
44 added by chapter 386 of the laws of 2001, is amended to read as follows:
45 18. "Law enforcement officer" means a police officer as defined in
46 subdivision thirty-four of section 1.20 of the criminal procedure law,
47 OR A PEACE OFFICER AS DEFINED BY SUBDIVISION TWO OF SECTION 2.10 OF THE
48 CRIMINAL PROCEDURE LAW.
49 S 21. Section 77-o of the domestic relations law, as added by chapter
50 386 of the laws of 2001, is amended to read as follows:
51 S 77-o. Role of law enforcement. At the request of a prosecutor or
52 other appropriate public official acting under section seventy-seven-n
53 of this title, a law enforcement officer, as defined in subdivision
54 thirty-four of section 1.20 of the criminal procedure law, AND AS
55 DEFINED BY SUBDIVISION TWO OF SECTION 2.10 OF THE CRIMINAL PROCEDURE
56 LAW, may take any lawful action reasonably necessary to locate a child
A. 7165 11
1 or a party and assist a prosecutor or appropriate public official with
2 responsibilities under section seventy-seven-n of this title.
3 S 22. Section 58 of the New York city criminal court act is amended by
4 adding a new subdivision 21 to read as follows:
5 (21) WHERE AN APPEARANCE TICKET HAS BEEN SERVED BY A MEMBER OF THE
6 OFFICE OF THE SHERIFF OF THE CITY OF NEW YORK IN LIEU OF ARREST IN CASES
7 AUTHORIZED BY ARTICLE ONE HUNDRED FIFTY OF THE CRIMINAL PROCEDURE LAW, A
8 SERGEANT DEPUTY SHERIFF, LIEUTENANT DEPUTY SHERIFF, UNDERSHERIFF, OR
9 SHERIFF OF SUCH OFFICE OF THE SHERIFF IS HEREBY AUTHORIZED TO ADMINISTER
10 TO THE DEPUTY SHERIFF ALL NECESSARY OATHS IN CONNECTION WITH THE
11 EXECUTION OF THE ACCUSATORY INSTRUMENT TO BE PRESENTED IN COURT BY SUCH
12 DEPUTY SHERIFF IN THE PROSECUTION OF SUCH OFFENSE.
13 S 23. Subdivisions (b), (c) and (d) of section 153-a of the family
14 court act, as added by chapter 416 of the laws of 1975, are amended to
15 read as follows:
16 (b) Unless encountering physical resistance, flight or other factors
17 rendering normal procedure impractical, the arresting police officer OR
18 A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must
19 inform the subject named therein that a warrant for his arrest for
20 attendance at the proceeding designated therein has been issued. Upon
21 request of such subject, the police officer OR A SHERIFF, UNDERSHERIFF
22 OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must show him the warrant if
23 he has it in his possession. The officer need not have the warrant in
24 his possession, and, if he has not, he must show it to the subject upon
25 request as soon after the arrest as possible.
26 (c) In order to effect the arrest, the police officer OR A SHERIFF,
27 UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK may use such
28 physical force as is justifiable pursuant to section 35.30 of the penal
29 law.
30 (d) In order to effect the arrest, the police officer OR A SHERIFF,
31 UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK may enter any
32 premises in which he reasonably believes the subject named therein to be
33 present. Before such entry, he must give, or make reasonable effort to
34 give, notice of his authority and purpose to an occupant thereof.
35 S 24. This act shall take effect immediately, provided, however, that
36 sections two, three, four, five and six of this act shall apply to all
37 arrest warrants addressed to police officers or peace officers outstand-
38 ing on the date that this act shall have become a law.
