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Sponsors
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History
- Recommit, enacting clause stricken
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to permitting all state-paid uniformed court officers to execute bench warrants
Signed by Governor · Sponsor Kevin Cahill
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to execution of bench warrants
Purpose
This measure is being introduced at the request of the Chief Administrative Judge. To permit uniformed court officers in Dutchess, Orange, Putnam, Rockland, Saratoga, Schenectady and Warren Counties to execute bench warrants in their respective courthouses. Also in the city of Schenectady and, beginning April 1 (when use of State paid uniformed court officers to provide court security is slated to begin), in the city of Troy and in the counties of Sullivan, Ulster and Washington.
Justification
In 1976, the Criminal Procedure law was amended to authorize State paid security officers in the New York City and Long Island courts to receive and execute bench warrants in the buildings in which they are employed. L. 1976, c. 265; CPL S530.70 (2) (b). In 1991, their counterparts in Westchester County likewise were granted this authority. L. 1991, c. 352. Since deputy sheriffs who provide court security in other venues (i.e., in those counties in which there are no State-paid court security officers) are, by statute, police officers and, therefore, authorized to receive and execute bench warrants (see CPL SS1.20(34) (b), 530.70(2) (a)), the result now is that only in those counties outside of New York City, Long Island and Westchester County where State-paid court officers furnish court security are such court security personnel barred from executing bench warrants.
There is no reason for this distinction. State-paid court security officers receive no less training upstate than they do in the New York City metropolitan region; and their ability to serve bench warrants in the courthouse, thereby sparing local police and sheriffs personnel of the need to perform this task, will promote the most effective allocation of law enforcement resources in each community. This measure, which would take effect 60 days after becoming law, would have no fiscal impact upon the public treasury.
Legislative history
2008: S.7640/A.7723, Passed Senate. 2005-2006: A.5638 Referred to Codes. 2003-2004: A.203 Referred to Codes.
Fiscal implications
None.
Effective date
This act will take effect 60 days after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.