Bill Text: NY A07256 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the jurisdiction of the St. Regis Mohawk tribal police.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-08-13 - signed chap.121 [A07256 Detail]

Download: New_York-2015-A07256-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7256
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 29, 2015
                                      ___________
       Introduced by M. of A. DUPREY -- read once and referred to the Committee
         on Judiciary
       AN ACT to amend the Indian law, in relation to expanding the area of the
         jurisdiction of the St.  Regis Mohawk tribal police; and providing for
         the repeal of such provisions upon the expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 114 of the Indian law, as added by
    2  chapter 558 of the laws of 2005, is amended and a new subdivision 8-a is
    3  added to read as follows:
    4    2. Upon the application of the St. Regis Mohawk  tribal  council,  the
    5  superintendent  of state police may appoint any person as a police offi-
    6  cer with all powers provided for in the criminal procedure  law,  except
    7  for  those powers specifically excepted by this section, for the preser-
    8  vation of order and of the public peace, and the arrest of  all  persons
    9  committing  offenses  upon  the  St. Regis Mohawk tribal reservation AND
   10  UPON ADDITIONAL LANDS AS  SET  FORTH  IN  SUBDIVISION  EIGHT-A  OF  THIS
   11  SECTION.    The  total number of appointments shall be determined by the
   12  superintendent in his or her discretion.
   13    8-A. UPON THE APPLICATION OF THE ST. REGIS MOHAWK TRIBAL COUNCIL,  THE
   14  SUPERINTENDENT  IS  AUTHORIZED  TO EXPAND THE JURISDICTION OF ANY PERSON
   15  APPOINTED A POLICE OFFICER UNDER THIS SECTION TO  THE  AREA  WITHIN  THE
   16  COUNTY  OF  FRANKLIN,  OUTSIDE OF THE BOUNDARY OF THE ST. REGIS RESERVA-
   17  TION, TO THE AREA KNOWN AS THE "BOMBAY TRIANGLE" IN SUCH MANNER THAT THE
   18  SOUTHERN BOUNDARY OF THE  AREA  OF  EXPANDED  JURISDICTION  SHALL  BE  A
   19  STRAIGHT  LINE  BEGINNING  AT  A  POINT  ON THE SOUTHERN BOUNDARY IN THE
   20  SOUTHWEST QUADRANT OF THE ST. REGIS RESERVATION, 500 FEET  EAST  OF  THE
   21  ST.  REGIS  RIVER AT 44.9540N 74.6873W, CONTINUING IN AN EASTERLY DIREC-
   22  TION TO A POINT ON THE SOUTHERN BORDER IN THE SOUTH WESTERN QUADRANT  OF
   23  THE  RESERVATION AT 44.9526N 74.6132W. THE AREA OF EXPANDED JURISDICTION
   24  SHALL INCLUDE ALL POINTS NORTH OF THIS LINE DESCRIBED HEREIN  CONTINUING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10717-01-5
       A. 7256                             2
    1  TO  THE SOUTHERN-MOST BORDER OF THE ST. REGIS RESERVATION. SUCH EXPANDED
    2  JURISDICTION MAY BE REVOKED OR SUSPENDED BY THE SUPERINTENDENT AT HIS OR
    3  HER DISCRETION. OFFICERS EXERCISING POLICE AUTHORITY  PURSUANT  TO  THIS
    4  EXPANDED  JURISDICTION  SHALL  BE  SUBJECT  TO ALL OF THE PROVISIONS SET
    5  FORTH IN THIS SECTION IN THE SAME MANNER AS IF THEY WERE OPERATING WITH-
    6  IN THE STATE-RECOGNIZED BORDERS OF THE ST.  REGIS  RESERVATION  AND  ALL
    7  RESPONSIBILITIES SET FORTH IN THIS SECTION WITH RESPECT TO THE DUTIES OF
    8  THE  ST.  REGIS  MOHAWK  TRIBE, INCLUDING THE DUTY TO INDEMNIFY AND SAVE
    9  HARMLESS, SHALL APPLY TO THIS AREA IN THE SAME MANNER AS IF IT WAS WITH-
   10  IN THE STATE-RECOGNIZED BOUNDARIES OF THE  ST.    REGIS  RESERVATION.  A
   11  REPRESENTATIVE  OF  THE  ADMINISTRATION OF THE ST.   REGIS MOHAWK TRIBAL
   12  POLICE DEPARTMENT SHALL KEEP THE SUPERINTENDENT INFORMED, ON  A  MONTHLY
   13  BASIS,  OF  ALL  CRIMES,  ACCIDENTS  AND  REQUESTS  FOR  LAW ENFORCEMENT
   14  SERVICES OCCURRING WITHIN THE AREA  DESCRIBED  IN  THIS  SUBDIVISION  IN
   15  WHATEVER  MANNER  AND  FORMAT  THE SUPERINTENDENT DESIGNATES. NOTHING IN
   16  THIS SECTION SHALL BE INTERPRETED IN A MANNER TO REDUCE OR ELIMINATE THE
   17  EXISTING JURISDICTION OF ANY OTHER  STATE  OR  LOCAL  POLICE  DEPARTMENT
   18  WITHIN THIS AREA.
   19    S 2. This act shall take effect immediately and shall remain in effect
   20  until  September  1, 2017 when upon such date the provisions of this act
   21  shall expire and be deemed repealed.