Bill Text: NY S03054 | 2009-2010 | General Assembly | Introduced

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Bill Title: Authorizes peace officers designated by the superintendent of insurance to execute arrest warrants; authorizes peace officers designated by the superintendent of insurance to execute search warrants.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S03054 Detail]

Download: New_York-2009-S03054-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3054
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 10, 2009
                                      ___________
       Introduced  by  Sens.  SEWARD, LARKIN, MORAHAN, VOLKER -- 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07365-01-9
       S. 3054                             2
    1  designated  individual  police  officer or officers, AS WELL AS TO PEACE
    2  OFFICERS DESIGNATED BY THE SUPERINTENDENT OF INSURANCE. Multiple  copies
    3  of such a warrant may be issued.
    4    S 2. Section 120.50 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 120.50 Warrant  of  arrest; to what police officers AND PEACE OFFICERS
    7             DESIGNATED BY THE SUPERINTENDENT OF INSURANCE addressed.
    8    A warrant of arrest may be addressed to any police officer or  classi-
    9  fication  of  police  officers  whose  geographical  area  of employment
   10  embraces either the  place  where  the  offense  charged  was  allegedly
   11  committed or the locality of the court by which the warrant is issued OR
   12  TO PEACE OFFICERS DESIGNATED BY THE SUPERINTENDENT OF INSURANCE.
   13    S 3. Section 690.25 of the criminal procedure law is amended by adding
   14  a new subdivision 3 to read as follows:
   15    3.  A SEARCH WARRANT MAY BE ADDRESSED TO A PEACE OFFICER DESIGNATED BY
   16  THE SUPERINTENDENT OF INSURANCE, AS DEFINED IN  SUBDIVISION  FORTY-SEVEN
   17  OF SECTION 2.10 OF THIS CHAPTER, TO BE EXECUTED PURSUANT TO ITS TERMS.
   18    S  4.  This  act shall take effect on the ninetieth day after it shall
   19  have become a law.