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History
- Referred to finance
- Referred to finance
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.
Eliminates the power of the state police to execute warrants issued by magistrates throughout the state without indorsement
In Assembly Committee · Codes · Sponsor Rory Lancman
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to the duties of the state police
Purpose
This bill would remove an unconstitutional statutory provision that purports to authorize statewide execution of all warrants.
Summary of provisions
Section 1 of the bill amends Executive Law §223(1) to remove the statutory authority for State Police officers to execute any warrant without judicial endorsement anywhere within the State.
Section 2 of the bill makes the same change with respect to a prior version of the relevant Executive Law provision that will come back into force if the current version is allowed to expire as scheduled on September 1, 2009.
Section 3 of the bill provides that it shall take effect immediately.
Existing law
Executive Law §223(1) provides that members of the State Police shall have the power to execute arrest warrants and search warrants, and that any such warrants "issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement." However, the Constitution provides that the legislature may provide that warrants of town, village and city courts outside the city of New York "may be served and executed in any part of the county in which such courts are located or in any part of any adjoining county." Art. VI, §1(c).
Legislative history
This is a new bill.
Statement in support
The objectionable provision in Executive Law §223(1), which predates the current State Constitution, purports to authorize a procedure that is in direct conflict with the jurisdictional limitations of city, town and village courts outside the City of New York, as set forth in Article VI, § 1(c) of the New York State Constitution. The provision is also unnecessary, as there is independent and adequate statutory basis for state troopers, as police officers, to execute arrest warrants and search warrants in any part of the State that such warrants may, under law, be executed, Criminal Procedure Law § 120.70,690.20.
Budget implications
None.
Effective date
This bill would become effective immediately upon enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.