Bill Text: NY S07828 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the jurisdiction of the St. Regis Mohawk tribal police and provides for the repeal of such provisions upon expiration thereof; expands the authority of the St. Regis police to include a specific area of Franklin county, outside of the state-recognized boundaries of the reservation commonly referred to as the Bombay Triangle; authorizes the superintendent of state police with the authority to certify tribal officers with additional authority to exercise police powers in this expanded area; the superintendent would also have the ability to revoke the expanded certification.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-12 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07828 Detail]

Download: New_York-2013-S07828-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7828
                                   I N  S E N A T E
                                     June 12, 2014
                                      ___________
       Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT to amend the Indian law, in relation to the jurisdiction  of  the
         St.   Regis Mohawk tribal police; and providing for the repeal of such
         provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 114 of the Indian law, as added by
    2  chapter 558 of the laws of 2005, is amended and a new subdivision 8-a is
    3  added to read as follows:
    4    2.  Upon  the  application of the St. Regis Mohawk tribal council, the
    5  superintendent of state police may appoint any person as a police  offi-
    6  cer  with  all powers provided for in the criminal procedure law, except
    7  for those powers specifically excepted by this section, for the  preser-
    8  vation  of  order and of the public peace, and the arrest of all persons
    9  committing offenses upon the St. Regis  Mohawk  tribal  reservation  AND
   10  UPON  ADDITIONAL  LANDS  AS  SET  FORTH  IN  SUBDIVISION EIGHT-A OF THIS
   11  SECTION.  The total number of appointments shall be  determined  by  the
   12  superintendent in his or her discretion.
   13    8-A.  UPON THE APPLICATION OF THE ST. REGIS MOHAWK TRIBAL COUNCIL, THE
   14  SUPERINTENDENT OF THE STATE POLICE IS AUTHORIZED TO EXPAND THE JURISDIC-
   15  TION OF ANY PERSON APPOINTED A POLICE OFFICER UNDER THIS SECTION TO  THE
   16  AREA  WITHIN  THE COUNTY OF FRANKLIN, OUTSIDE OF THE BOUNDARY OF THE ST.
   17  REGIS RESERVATION, TO THE AREA KNOWN AS THE "BOMBAY  TRIANGLE"  IN  SUCH
   18  MANNER  THAT  THE SOUTHERN BOUNDARY OF THE AREA OF EXPANDED JURISDICTION
   19  SHALL BE A STRAIGHT LINE BEGINNING AT A POINT ON THE  SOUTHERN  BOUNDARY
   20  IN  THE  SOUTHWEST  QUADRANT  OF THE ST. REGIS RESERVATION, FIVE HUNDRED
   21  FEET EAST OF THE ST. REGIS RIVER AT 44.9540N 74.6873W, CONTINUING IN  AN
   22  EASTERLY DIRECTION TO A POINT ON THE SOUTHERN BORDER IN THE SOUTHWESTERN
   23  QUADRANT  OF  THE RESERVATION AT 44.9526N 74.6132W. THE AREA OF EXPANDED
   24  JURISDICTION SHALL INCLUDE ALL POINTS NORTH OF THIS LINE DESCRIBED HERE-
   25  IN CONTINUING TO THE SOUTHERN-MOST BORDER OF THE ST. REGIS  RESERVATION.
   26  SUCH  EXPANDED  JURISDICTION  MAY  BE REVOKED OR SUSPENDED BY THE SUPER-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15575-01-4
       S. 7828                             2
    1  INTENDENT AT HIS OR HER DISCRETION. OFFICERS EXERCISING POLICE AUTHORITY
    2  PURSUANT TO THIS EXPANDED JURISDICTION SHALL BE SUBJECT TO  ALL  OF  THE
    3  PROVISIONS  SET FORTH IN THIS SECTION IN THE SAME MANNER AS IF THEY WERE
    4  OPERATING  WITHIN THE STATE-RECOGNIZED BORDERS OF THE ST. REGIS RESERVA-
    5  TION AND ALL RESPONSIBILITIES SET FORTH IN THIS SECTION WITH RESPECT  TO
    6  THE  DUTIES  OF THE ST. REGIS MOHAWK TRIBE, INCLUDING THE DUTY TO INDEM-
    7  NIFY AND SAVE HARMLESS, SHALL APPLY TO THIS AREA IN THE SAME  MANNER  AS
    8  IF  IT  WAS  WITHIN  THE  STATE-RECOGNIZED BOUNDARIES OF THE ST.   REGIS
    9  RESERVATION. A REPRESENTATIVE OF THE ADMINISTRATION OF THE  ST.    REGIS
   10  MOHAWK  TRIBAL POLICE DEPARTMENT SHALL KEEP THE SUPERINTENDENT INFORMED,
   11  ON A MONTHLY BASIS, OF  ALL  CRIMES,  ACCIDENTS  AND  REQUESTS  FOR  LAW
   12  ENFORCEMENT  SERVICES OCCURRING WITHIN THE AREA DESCRIBED IN THIS SUBDI-
   13  VISION IN WHATEVER MANNER  AND  FORMAT  THE  SUPERINTENDENT  DESIGNATES.
   14  NOTHING  IN  THIS  SECTION SHALL BE INTERPRETED IN A MANNER TO REDUCE OR
   15  ELIMINATE THE EXISTING JURISDICTION OF ANY OTHER STATE OR  LOCAL  POLICE
   16  DEPARTMENT WITHIN THIS AREA.
   17    S 2. This act shall take effect immediately and shall expire September
   18  1,  2015  when upon such date the provisions of this act shall be deemed
   19  repealed.