Reclassifies uniformed court officers as police officers; repealer

Summary of specific provisions

Amends subdivision 34 of Section 1.20 of the criminal procedure law by adding a new paragraph which reclassifies court officers under the definition of police officer.

Justification

Court Officers are trained by certified New York State Police Instructors at the New York State Court Officers Academy and are the law enforcement authority for the state's judicial branch. Court Officers perform duties identical to that of Police Officers and share the same responsibilities as Police Officers. These duties are performed in and around court facilities throughout New York State as well as Unified Court System Administration Facilities. Court Officers ate sworn peace officers who are authorized to carry a firearm and effect arrests both on and off duty.

Court officers engage in crime prevention by virtue of being a visible uniformed force on fixed posts and on patrol in and around these same facilities. New York State Courts Mobile Security Patrol (MSP) units routinely patrol these facilities in marked radio patrol cars responding to emergencies and effecting and assisting in arrests.

Court officers provide judicial protection and routinely transport members of the judiciary to and from court facilities and administrative offices as well as to and from duties in remote areas of New York State.

Additionally, Court Officers provide protection to Judges at their homes in the event of threats made against Judges. Court officers are the only peace officers in the state with stop, question and frisk power. (Ref. CPL 140.50). This power is currently limited to "in or about the court house to which he is assigned." Police status would expand on this power allowing officers to better serve and protect members of the judiciary and the public at large.

Court officers can execute bench warrants in New York City - Nassau, Suffolk and Westchester Counties. Police status would expand this authority to include all counties of New York State and to permit execution of arrest warrants as well. (Ref CPL 530.70) Until the

Unified Court System expanded its jurisdiction statewide, Court officer duties were performed by Deputy Sheriffs who had police status (Ref CPL 1.20, 34) (B). These Deputy Sheriffs lost police status when they became Court officers. This legislation would restore these officers to their previous status as police officers.

After the attacks of September 11, 2001, Court Officers were charged with providing physical security at the Office of Emergency Management Command Post. Court Officers are currently assigned to both the Joint Terrorist Task Force and the Office of Emergency Management; these officers participate in the same assignments as police officers but lack the same authority. Police status would eliminate this deficiency. In the event of a terrorist attack, natural disaster or other catastrophic events, court officers are designated as first responders. Court officer special response team units (SRT) are highly trained units ready to mobilize and respond to emergency situations statewide.

Court officers routinely effect and process arrests, respond to medical emergencies, conduct crowd control, respond to bomb threats, respond to vehicular accidents, testify in court and, work with local police agencies to effect inspection of crime scenes by judges and juries.

Prior legislative history

2009-10 - S.3709 - Referred to Codes 2007-08 - S.5565A - Passed Senate, Vetoed by Governor Memo 180

Fiscal implications for state & local governments

Minimal costs for training

Effective date

Immediate.