Bill Text: NY S02377 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes peace officers designated by the superintendent of insurance/financial services to execute arrest warrants and search warrants.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S02377 Detail]

Download: New_York-2011-S02377-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2377
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 19, 2011
                                      ___________
       Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Codes
       AN ACT to amend the criminal procedure law, in relation  to  authorizing
         peace  officers  designated  by  the  superintendent  of  insurance to
         execute arrest warrants and search warrants
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 120.10 of the criminal procedure law, as amended by
    2  chapter 424 of the laws of 1998, is amended to read as follows:
    3  S 120.10 Warrant of arrest; definition, function, form and content.
    4    1.  A  warrant of arrest is a process issued by a local criminal court
    5  directing a police officer OR A PEACE OFFICER DESIGNATED BY  THE  SUPER-
    6  INTENDENT OF INSURANCE to arrest a defendant designated in an accusatory
    7  instrument  filed  with such court and to bring him before such court in
    8  connection with such instrument. The  sole  function  of  a  warrant  of
    9  arrest is to achieve a defendant's court appearance in a criminal action
   10  for  the  purpose of arraignment upon the accusatory instrument by which
   11  such action was commenced.
   12    2. A warrant of arrest must be subscribed by  the  issuing  judge  and
   13  must  state  or  contain  (a) the name of the issuing court, and (b) the
   14  date of issuance of the warrant, and (c) the name or title of an offense
   15  charged in the underlying accusatory instrument, and (d) the name of the
   16  defendant to be arrested or, if such be unknown, any name or description
   17  by which he can be identified with reasonable  certainty,  and  (e)  the
   18  police  officer  or  officers OR PEACE OFFICERS DESIGNATED BY THE SUPER-
   19  INTENDENT OF INSURANCE to whom the  warrant  is  addressed,  and  (f)  a
   20  direction  that  such  officer arrest the defendant and bring him before
   21  the issuing court.
   22    3. A warrant of arrest may be addressed to a classification of  police
   23  officers,  or  to  two  or more classifications thereof, as well as to a
   24  designated individual police officer or officers, AS WELL  AS  TO  PEACE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05752-01-1
       S. 2377                             2
    1  OFFICERS  DESIGNATED BY THE SUPERINTENDENT OF INSURANCE. Multiple copies
    2  of such a warrant may be issued.
    3    S 2. Section 120.50 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 120.50 Warrant  of  arrest; to what police officers AND PEACE OFFICERS
    6             DESIGNATED BY THE SUPERINTENDENT OF INSURANCE addressed.
    7    A warrant of arrest may be addressed to any police officer or  classi-
    8  fication  of  police  officers  whose  geographical  area  of employment
    9  embraces either the  place  where  the  offense  charged  was  allegedly
   10  committed or the locality of the court by which the warrant is issued OR
   11  TO PEACE OFFICERS DESIGNATED BY THE SUPERINTENDENT OF INSURANCE.
   12    S 3. Section 690.25 of the criminal procedure law is amended by adding
   13  a new subdivision 3 to read as follows:
   14    3.  A SEARCH WARRANT MAY BE ADDRESSED TO A PEACE OFFICER DESIGNATED BY
   15  THE SUPERINTENDENT OF INSURANCE, AS DEFINED IN  SUBDIVISION  FORTY-SEVEN
   16  OF SECTION 2.10 OF THIS CHAPTER, TO BE EXECUTED PURSUANT TO ITS TERMS.
   17    S  4.  This  act shall take effect on the ninetieth day after it shall
   18  have become a law.