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.