Bill Text: NY S04276 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2017-06-13 - SUBSTITUTED BY A7646A [S04276 Detail]

Download: New_York-2017-S04276-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4276--B
            Cal. No. 1010
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 8, 2017
                                       ___________
        Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- reported favorably from said committee, ordered  to
          first  and second report, amended on second report, ordered to a third
          reading, and to be reprinted as amended, retaining its  place  in  the
          order of third reading -- again amended and ordered reprinted, retain-
          ing its place in the order of third reading
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09503-05-7
        S. 4276--B                          2
     1  forth in that subdivision.   Notwithstanding any law  to  the  contrary,
     2  police officers appointed pursuant to this section shall not serve under
     3  the  command or authority of any other government agency or officer, and
     4  shall  not serve as members of joint task forces with other law enforce-
     5  ment agencies, without the approval of the superintendent.
     6    § 2.  Subdivision 2 of section 114 of the Indian law,  as  amended  by
     7  chapter 121 of the laws of 2015, is amended to read as follows:
     8    2.  Upon  the  application of the St. Regis Mohawk tribal council, the
     9  superintendent of state police may appoint any person as a police  offi-
    10  cer  with all powers provided for in the criminal procedure law[, except
    11  for those powers specifically excepted by this section,] for the preser-
    12  vation of order and of the public peace[, and the arrest of all  persons
    13  committing  offenses]  upon  the St. Regis Mohawk tribal reservation and
    14  upon additional lands as  set  forth  in  subdivision  eight-a  of  this
    15  section.  The  total  number  of appointments shall be determined by the
    16  superintendent in his or her discretion.
    17    § 3. Section 2 of chapter 121 of the laws of 2015, amending the Indian
    18  law relating to the jurisdiction of the St. Regis Mohawk tribal  police,
    19  is amended to read as follows:
    20    §  2.  This  act  shall  take  effect immediately [and shall remain in
    21  effect until September 1, 2017 when upon such  date  the  provisions  of
    22  this act shall expire and be deemed repealed].
    23    § 4. Subdivision 34-a of section 1.20 of the criminal procedure law is
    24  amended by adding a new paragraph (e) to read as follows:
    25    (e)  The geographical area of employment of a police officer appointed
    26  pursuant to section one hundred fourteen of the Indian law is within the
    27  county of Franklin, and within that county, only within the boundary  of
    28  the  St.  Regis  reservation, except that if the superintendent of state
    29  police has certified such officer with expanded jurisdiction within  the
    30  county of Franklin, pursuant to subdivision eight-a of such section, the
    31  geographical  area  of  employment  of  such  police  officer shall also
    32  include the area of expanded jurisdiction set forth in that subdivision.
    33    § 5. This act shall take effect immediately.