Makes permanent the provisions of chapter 455 of the laws of 1997 conferring certain powers to the New York city marshals

1 Co-sponsor

• John L. Sampson

Title of bill

An act to amend chapter 455 of the laws of 1997 amending the New York city civil court act and the civil practice law and rules relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments, in relation to making permanent the provisions of such chapter

Purpose of bill

Makes permanent provisions which confer on New York City Marshals the same functions, powers and duties as Sheriffs with respect to the execution of money judgments of the Supreme and Family Courts.

Summary of provisions

Section 1. Amends Section 3 of Chapter 455 of the Laws of 1997, as amended by Chapter 71 of the Laws of 1999, to make such provisions permanent.

Section 2. Effective date.

Justification

New York City Marshals are primarily responsible for executing judgments rendered by the Civil Court of the City of New York, serving summonses and executing other judgment orders. The City Marshals are supervised by the New York City Department of Investigation and pay a percentage of their gross income to the City. They are required to provide for their own operating expenses, including maintenance of their office, clerical staff and transportation. In 1997 and again in 1999, legislation was passed to allow New York City Marshals to enforce money judgments rendered by the Supreme and Family Courts in New York City. There remains a tremendous need, especially

with respect to child support judgments, for increased enforcement of money judgments in the City. Utilizing the services of New York City Marshals for such enforcement has allowed the Marshals to lend their efforts to fulfilling this need. This program has worked exceptionally well for the past seven years and should be continued permanently.

Legislative history

2004 - A.10022/S.5897 A.Judi Comm/S.Judi Comm 1999 - A.6914 - Ch.71 '99 1997 - A.3007-A-Ch.455 '97

Fiscal implications for state and local governments

None to State or City government. Marshals are reimbursed by fees only.

Effective date

Immediately.