What's happening
This bill authorizes uniformed court officers and court clerks who are peace officers to execute arrest warrants.
Why it matters
Expands the authority of uniformed court officers and court clerks who are designated as peace officers. , allowing them to execute arrest warrants, which could lead to more efficient warrant enforcement in and around courthouses.
May improve court security and the handling of individuals with outstanding warrants. by enabling these officers—who are already present and trained for law enforcement tasks—to act without waiting for outside police agencies.
Could affect the workload and responsibilities of court officers and clerks. , potentially requiring additional training or shifting the balance of law enforcement duties within court settings.
Might impact how quickly justice is administered. for cases involving individuals with active arrest warrants, possibly reducing delays and enhancing accountability for those evading court appearances.
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Who cares
Headline styles
Let Court Officers Make Arrests
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Let Court Officers Make Arrests
In Assembly Committee · Codes · Sponsor Peter Abbate
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5755
2017-2018 Regular Sessions
IN SENATE
April 28, 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 authorizing uniformed court officers and court clerks designated as peace officers to execute arrest warrants
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 2.20 of the criminal procedure law is amended by adding a new paragraph (k) to read as follows:
(k) Notwithstanding any provision of law to the contrary, uniformed court officers and court clerks shall have the power to execute warrants of arrest as set forth in article one hundred twenty of this chapter whenever acting pursuant to their special duties.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09849-01-7
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 authorizing uniformed court officers and court clerks desig- nated as peace officers to execute arrest warrants
Purpose or general idea of bill
This bill would allow court officers and court clerks to execute arrest warrants so they wouldn't have to wait for a police officer.
Summary of provisions
This bill amends that uniformed court officers and court clerks shall have the power to execute warrants of arrest.
Justification
For many years Court Officers have been notified of litigants having outstanding Warrants of Arrest, with no lawful ability to execute such warrants. CPL article 120.10 states that only Police Officers can execute these warrants. NYS Court Officers are NYS Peace Officers as per CPL 2.10 21A. They have powers of arrest and the ability to execute Bench Warrants but no power to execute Arrest Warrants. In the past this was not a problem. Arrest warrants were handled by Detectives searching for an indicted criminal. In the past few years it is very common for someone who violates an order of protection to come to court with an outstanding warrant that was investigated by a Detective and signed by a Judge. Many times, we have been advised by a victim that the respondent is wanted by the police. Legally, we have to notify 911 and await a police response. Concerns of many are that the subject will leave the courthouse and harm the victim at a later time. This gives the courts the flexibility to use their discretion on arrests.
Prior legislative history
2017: S.5755 - Referred to Codes
Fiscal implications for state and local governments
See the bill.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.