Designates sheriffs, under-sheriffs and deputy sheriffs of the city of New York as police officers

This law amends Criminal Procedure Law 120, section 34, subdivision (b) of the consolidated laws of the State of New York to provide that the Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New York be considered police officers. The Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New York perform a number of duties with respect to enforcement of laws relating to criminal activity and City taxes and deed fraud investigations in the same manner in which police officers are presently authorized to perform. This amendment will afford the Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New York the same powers and immunities as police officers with respect to executing an arrest warrant, procuring and serving a summons, procuring and serving an appearance ticket, executing a bench warrant, executing a material witness warrant, and applying for and executing search warrants in connection with the enforcement of New York City cigarette tax laws and State Tax Law provisions relating to the tax on cigarettes and tobacco products.

It will also give the Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New York the same powers and immunities that police officers have with respect to executing a warrant for arrest for appearance at a proceeding under the Family Court Act, and the authority to take any lawful action necessary to locate a child or a party to a proceeding at the request of a prosecutor or other public official in a case relating to child custody or wrongful removal or retention of a child, as do police officers, pursuant to the Domestic Relations Law.

It will also give Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New York the same powers and immunities as police officers have with respect to enforcing any order, judgment or warrant obtained by any City agency.

Section 2 amends subdivision 2 of section 2.10 of the criminal procedure law, as amended by chapter 969 of the laws of 1983 by deleting peace officer provisions for the sheriff, undersheriff and deputy sheriffs of New York City.

Section 3 is the effective date.

Justification

Sections 650 and 901 of the County Law authorize the Sheriff to be an officer of the court and conservator of the peace. Under current statutory law, the Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New York are limited to the powers of peace officers, which do not authorize these officers to perform certain law enforcement actions such as serving warrants and making arrests, other than in limited circumstances concerning Family Court matters and violation of cigarette tax laws. As the Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New York are trained and equipped to perform such functions and have received New York State police officer training, this local law will improve efficiency in enforcing criminal laws and tax laws by authorizing the Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New York to do so. As the Family Court of the City of New York increasingly utilizes the city sheriff to enforce its process, this local law will clarify and enhance the ability of the office of the sheriff to do so. This local law will also enable the New York City Department of Finance, by means of the office of the city sheriff, to effectively enforce court orders relating to tax enforce ment and deed fraud investigations without the need to burden the New York City Police Department or New York State tax officers.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.