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S373Senate2019-2020 SessionSame asA7542

Make NYC Sheriffs Police

Official title

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

Sponsor Andrew J. LanzaSD-24Affects Legal
Status
Stricken
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill designates sheriffs, under-sheriffs, and deputy sheriffs of New York City as police officers.

Why it matters

  1. Expands police authority. By designating NYC sheriffs, under-sheriffs, and deputy sheriffs as police officers, the bill grants them broader law enforcement powers, such as the ability to carry out arrests and conduct criminal investigations, potentially impacting how law enforcement resources are deployed in the city.

  2. Legal and operational clarity. This change resolves ambiguities around the status of NYC sheriffs and their deputies, ensuring they have the same legal authority as other police officers, which can affect procedures in criminal cases, evidence collection, and inter-agency cooperation.

  3. Potential changes in labor and benefits. Officially designating these roles as police officers may influence labor contracts, pensions, training requirements, and eligibility for benefits, possibly leading to changes in compensation and job protections for affected personnel.

  4. Implications for public interactions and accountability. With expanded police authority, sheriffs and their deputies could become more visible in city law enforcement activities, which may alter how the public interacts with these officials and raise questions about oversight and accountability standards.

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Who cares

Headline styles

Make NYC Sheriffs Police

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Referred to codes
  3. 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.

A7542Assembly

Make NYC Sheriffs Police

In Assembly Committee · Codes · Sponsor Joseph Lentol

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

373

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

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.

LBD04282-01-9

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 (694 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

2018: S.4499 - Referred to Codes/A.6076 - Referred to Codes 2017: S.4499- Referred to Codes/A.6076 - 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.