Bill Text: NY A07646 | 2017-2018 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-07-24 - signed chap.96 [A07646 Detail]

Download: New_York-2017-A07646-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7646--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       May 5, 2017
                                       ___________
        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Judiciary -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
        AN  ACT  to  amend  the  Indian  law  and the criminal procedure law, in
          relation to jurisdiction of St. Regis Mohawk tribal  police  officers;
          and  to amend chapter 121 of the laws of 2015, amending the Indian law
          relating to the jurisdiction of the St.  Regis Mohawk  tribal  police,
          in relation to the effectiveness thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 8 of section 114 of the Indian law, as added by
     2  chapter 558 of the laws of 2005, is amended to read as follows:
     3    8. [A person appointed a police officer under this section shall  only
     4  be  permitted  to  exercise  the duties or functions of a police officer
     5  within the county of Franklin, and within that county, only  within  the
     6  boundary  of  the  St.  Regis  reservation; except that such officer may
     7  follow a person for whom he or she has the authority to  arrest  on  the
     8  reservation  in continuous close pursuit, commencing on the reservation,
     9  in and through any county of the state, and may arrest  such  person  in
    10  any county in which the officer apprehends him or her.] The geographical
    11  area  of  employment  of  a  police officer appointed under this section
    12  shall be within the county of Franklin, and  within  that  county,  only
    13  within  the  boundary  of  the St. Regis reservation, except that if the
    14  superintendent of state police has certified such officer with  expanded
    15  jurisdiction  within  the  county  of  Franklin, pursuant to subdivision
    16  eight-a of this section, the geographical area  of  employment  of  such
    17  police  officer shall also include the area of expanded jurisdiction set
    18  forth in that subdivision.   Notwithstanding any law  to  the  contrary,
    19  police officers appointed pursuant to this section shall not serve under
    20  the  command or authority of any other government agency or officer, and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09503-04-7
        A. 7646--A                          2
     1  shall not serve as members of joint task forces with other law  enforce-
     2  ment agencies, without the approval of the superintendent.
     3    §  2.    Subdivision 2 of section 114 of the Indian law, as amended by
     4  chapter 121 of the laws of 2015, is amended to read as follows:
     5    2. Upon the application of the St. Regis Mohawk  tribal  council,  the
     6  superintendent  of state police may appoint any person as a police offi-
     7  cer with all powers provided for in the criminal procedure law[,  except
     8  for those powers specifically excepted by this section,] for the preser-
     9  vation  of order and of the public peace[, and the arrest of all persons
    10  committing offenses] upon the St. Regis Mohawk  tribal  reservation  and
    11  upon  additional  lands  as  set  forth  in  subdivision eight-a of this
    12  section. The total number of appointments shall  be  determined  by  the
    13  superintendent in his or her discretion.
    14    § 3. Section 2 of chapter 121 of the laws of 2015, amending the Indian
    15  law  relating to the jurisdiction of the St. Regis Mohawk tribal police,
    16  is amended to read as follows:
    17    § 2. This act shall take  effect  immediately  [and  shall  remain  in
    18  effect  until  September  1,  2017 when upon such date the provisions of
    19  this act shall expire and be deemed repealed].
    20    § 4. Subdivision 34-a of section 1.20 of the criminal procedure law is
    21  amended by adding a new paragraph (e) to read as follows:
    22    (e) The geographical area of employment of a police officer  appointed
    23  pursuant to section one hundred fourteen of the Indian law is within the
    24  county  of Franklin, and within that county, only within the boundary of
    25  the St. Regis reservation, except that if the  superintendent  of  state
    26  police  has certified such officer with expanded jurisdiction within the
    27  county of Franklin, pursuant to subdivision eight-a of such section, the
    28  geographical area of  employment  of  such  police  officer  shall  also
    29  include the area of expanded jurisdiction set forth in that subdivision.
    30    § 5. This act shall take effect immediately.