What's happening
This bill designates New York City sheriffs, under-sheriffs, and deputy sheriffs as police officers under state law.
Why it matters
Expands law enforcement authority. By designating NYC sheriffs, under-sheriffs, and deputy sheriffs as police officers, these officials would gain legal powers and responsibilities previously reserved for police (such as broader arrest authority and application of police-specific laws and protections).
Impacts criminal procedure and court cases. The change could affect how evidence is collected, how arrests are handled, and how cases are prosecuted or defended in court, since actions taken by these sheriffs would be evaluated under the same rules as those for police officers.
Influences public safety roles and collaboration. This designation may improve coordination between sheriff’s offices and other police agencies within NYC, potentially leading to more effective law enforcement and shared resources.
Affects training, oversight, and liability. Sheriffs and their deputies might now be required to meet police training standards and could be subject to police oversight mechanisms, as well as benefits and liabilities that come with police status (such as collective bargaining rights or civil rights litigation exposure).
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Who cares
New York City sheriff, undersheriff and deputy sheriffs
The bill would designate them as police officers and remove them from the peace-officer listing in the Criminal Procedure Law.
Prosecutors and criminal defense attorneys
The bill would change the statutory classification of New York City sheriff personnel whose actions may be at issue in criminal cases.
Westchester County public safety officers
The bill would retain the existing peace-officer provision for qualifying sworn officers while removing New York City sheriff personnel from that provision.
Headline styles
Make NYC Sheriffs Police
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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.
Sheriffs Named Police Officers
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4499
2017-2018 Regular Sessions
IN SENATE
February 16, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to designating sheriffs, under-sheriffs and deputy sheriffs of the city of New York as police officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 34 of section 1.20 of the criminal procedure law is amended to read as follows:
(b) Sheriffs, under-sheriffs and deputy sheriffs [of counties outside of New York City];
§ 2. Subdivision 2 of section 2.10 of the criminal procedure law, as amended by chapter 969 of the laws of 1983, is amended to read as follows;
2. [The sheriff, undersheriff and deputy sheriffs of New York city and sworn] Sworn officers of the Westchester county department of public safety services appointed after January thirty-first, nineteen hundred eighty-three to the title of public safety officer and who perform the functions previously performed by a Westchester county deputy sheriff on or prior to such date.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03874-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to designating sheriffs, under-sheriffs and deputy sheriffs of the city of New York as police officers
Purpose
Relates to the definition of a police officer.
Summary of provisions
Section 1 amends paragraph (b) of subdivision 34 of section 1.20 of the Criminal Procedure Law.
Read the full memo (690 words)
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 serv- ing an appearance ticket, executing a bench warrant, executing a materi- al 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 statu- tory 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 circum- stances 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 authoriz- ing 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 enforcement and deed f raud investigations with- out the need to burden the New York City Police Department or New York State tax officers.
Legislative history
2017: S.4499- Referred to Codes/ A.6067 - Referred to Codes 2016: S.6565 - 3rd Reading Calendar / A.7998 - Referred to Codes. 2015: A.7998 - Referred to Codes.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.