Expands the authority of deputy sheriffs of the counties of New York city who are designated peace officers under the criminal procedure law

3 Co-sponsors

• Eric Adams
• Joseph P. Addabbo Jr.
• Martin J. Golden

Title of bill

An act to amend the criminal procedure law, the domestic relations law, the New York city criminal court act and the family court act, in relation to deputy sheriffs in the city of New York

Purpose

This bill would expand the authority of deputy sheriffs of the counties of New York City who are designated "Peace Officers" under the criminal procedure law.

Summary of provisions

This bill enlarges the "Peace Officer" powers of deputy sheriffs of counties inside New York City.

Justification

The Sheriffs Office within NYC has undergone a drastic change in the past five years. Deputy Sheriffs in NYC are now actively involved in duties and responsibilities that other sheriffs throughout the state perform, yet the City Sheriff and his deputies are peace officers, not police officers. This inequity creates a gray zone in regard to safety and enforcement duties. The Sheriff's Office in New York City has many newly developed units that perform diverse law enforcement duties: The warrant division in the City Sheriff's office serves and executes family court summons, orders of protection and warrants of arrest. The Office's patrol unit enforces city parking violation judgments, N.Y.S. Department of Motor Vehicle judgments, recovers stolen vehicles and helps preserve the peace whenever called upon by the public. The Sheriffs Auto Theft Unit identifies, recovers and coordinates arrests of persons who try to redeem stolen vehicles seized by the Sheriff. Last year, the Sheriffs Office in NYC identified and recovered more stolen vehicles than any other law enforcement agency in New York State. All of the above-mentioned duties are performed in uniform, in marked sheriffs' patrol cars. Under County Law, the Sheriff must act as an officer of the court and conservator of the peace and that responsibility holds true in New York City. This creates the dilemma in which the New York City Sheriff and his deputies are held to the same standards as other sheriffs in the state yet have abbreviated enforcement powers and protection even when performing identical duties as other sheriffs perform. Examples of such inequities that infringe on safety include the ability to stop and frisk as well as the ability to execute superior court warrants of arrest and bench warrants. Many times deputy sheriffs in the city come across persons wanted on superior court warrants of arrest, yet no arrest or detention can be made because of the lack of legal authority, allowing a known felon to slip through the grasp of justice.

Legislative history

2008 Session: S.813/A.1525 - no significant action 2007 Session: S.813/A.1525 - no significant action 2006 Session: S.2177/A.4364 - no significant action 2005 Session: S.2177/A.4364 - no significant action 2004 Session: S.1362/A.5984 - no significant action 2003 Session: S.1362/A.5984 - no significant action 2002 Session: S.3913/A.11529 -no significant action 2001 Session: S.3913/A.11529 - no significant action

Fiscal implications

None.

Effective date

This act shall take effect immediately provided, however, that sections 2-6 of this act shall apply to all arrest warrants addressed to police officers or peace officers outstanding on the date that this act shall have become law.