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S4240Senate2019-2020 Session

Extend Marshals’ Sheriff Powers

Official title

“Relates to extending the authorization for the York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments”

Sponsor Brad Hoylman-SigalSD-27Affects Legal
Status
Stricken
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill extends the authorization for New York City marshals to exercise the same powers as sheriffs in executing money judgments until June 30, 2024.

Why it matters

  1. Ensures continued enforcement of money judgments in NYC. By extending marshals’ authority, the bill helps maintain the city’s capacity to enforce court-ordered payments, which is crucial for creditors and landlords who depend on such judgments to collect debts.

  2. Prevents legal ambiguity or disruption. Without this extension, marshals would lose their enhanced powers, potentially causing confusion or delays in the execution of judgments and affecting the legal process for both individuals and businesses.

  3. Reflects ongoing need for flexibility in civil law enforcement. The repeated extension suggests that New York City still relies on marshals, in addition to sheriffs, for efficient civil enforcement, highlighting the city’s unique needs and judicial workload.

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Who cares

Headline styles

Extend Marshals’ Sheriff Powers

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

Sponsors

Primary sponsor
Brad Hoylman-Sigal

Senator · Senate District 27

Chair, Judiciary

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Referred to judiciary

Full text

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

STATE OF NEW YORK

4240

2019-2020 Regular Sessions

IN SENATE

March 5, 2019

Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend chapter 455 of the laws of 1997 amending the New York city civil court act and the civil practice law and rules relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments, in relation to extending the effectiveness of such chapter

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 3 of chapter 455 of the laws of 1997, amending the New York city civil court act and the civil practice law and rules relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments, as amended by chapter 29 of the laws of 2014, is amended to read as follows:

§ 3. This act shall take effect immediately and shall remain in full force and effect only until June 30, [2019] 2024 when upon such date this act shall be deemed repealed.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07306-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend chapter 455 of the laws of 1997 amend- ing the New York city civil court act and the civil practice law and rules relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments, in relation to extending the effectiveness of such chapter

Purpose of bill

Extends until 2024, provisions which confer on New York City Marshals the same functions, powers and duties as Sheriffs with respect to the execution of money judgments of the Supreme and Family Courts.

Summary of provisions

Section 1. Amends Section 3 of Chapter 455 of the Laws of 1997, as amended by Chapter 29 of the Laws of 2014, to extend the effective date until June 30, 2024.

Section 2. Effective date.

Justification

New York City Marshals are primarily responsible for executing judgments rendered by the Civil Court of the City of New York, serving summonses and executing other judgment orders. The City Marshals are supervised by the New York City Department of Investigation and pay a percentage of their gross income to the City. They are required to provide for their own operating expenses, including maintenance of their office, clerical staff and transportation. In 1997,1999, 2004, 2019, and again in 2014, legislation was passed to allow New York City Marshals to enforce money judgments rendered by the Supreme and Family Courts in New York City.

Legislative history

2014 - S.7119 - Ch. 29 of the Laws of 2014 2009 - S.2076 - Ch. 103 of the Laws of 2009 2004 - S.5898 - Ch.128 of the Laws of 2004 1999 - S.3862 - Ch.71 of the Laws of 1999 1997 - S.1972-A - Ch.455 of the Laws of 1997

Fiscal implications for state and local governments

None to State or City government. Marshals are reimbursed by fees only.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.