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S4275Senate2019-2020 Session

Let Erie Officers Act as Sheriffs

Official title

“Relates to authorizing enforcement officers of city courts in the county of Erie to exercise the same functions, powers and duties as sheriffs in certain situations”

Sponsor Timothy M. KennedySD-63Affects Legal
Status
In Senate Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows designated city court enforcement officers in Erie County to execute money judgments like sheriffs for supreme and family courts.

Why it matters

  1. Expands enforcement authority. By allowing designated city court enforcement officers in Erie County to execute money judgments from supreme and family courts, the bill gives these local officers broader authority—potentially speeding up collections and reducing reliance on county sheriffs.

  2. Affects debt collection and family court orders. The change could make it easier and faster for individuals and businesses to collect on court-ordered debts, including child support or alimony, because city court officers may be more locally available and responsive than sheriffs.

  3. Limits remain in place. The bill maintains existing restrictions—these enforcement officers, like city marshals, cannot levy or sell real estate and have no power of arrest—so their authority remains focused on money judgments and personal property.

  4. Could improve court efficiency. By distributing enforcement duties to city court officers, the bill might reduce backlogs and workload for sheriffs, which could result in quicker enforcement of judgments and a more efficient court system in Erie County.

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Who cares

  • Erie County city court enforcement officers designated in place of the sheriff

    The bill would give them sheriffs’ powers, duties and liabilities when executing money judgments from Supreme Court and Family Court in Erie County.

  • Erie County Sheriff’s Office

    The bill would authorize designated city court enforcement officers to perform money-judgment enforcement functions otherwise assigned to sheriffs.

  • Judgment creditors

    The bill would expand who can enforce money judgments by including designated city court enforcement officers in the civil procedure law’s definition of sheriff for that purpose.

  • Judgment debtors

    The bill would allow designated city court enforcement officers to enforce money judgments against them, but would deny those officers authority to levy upon or sell real property or make arrests.

Headline styles

Let Erie Officers Act as Sheriffs

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

Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

Chair, Transportation

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4275

2019-2020 Regular Sessions

IN SENATE

March 6, 2019

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

AN ACT to amend the uniform city court act and the civil practice law and rules, in relation to authorizing enforcement officers of city courts in the county of Erie, designated in lieu of the sheriff, to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts

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

Section 1. Subdivision (b) of section 105 of the uniform city court act, as amended by chapter 397 of the laws of 1988, is amended to read as follows:

(b) (1) Enforcement officers; police officers. The enforcement officer of a city court shall be the sheriff of the county in which such court is located; provided, however, in each city where, on June thirtieth, nineteen hundred eighty-eight, public officers thereof were authorized to designate the enforcement officer of the city court established therein, such public officers may continue to exercise such authority and to designate another person or officer as enforcement officer in lieu of the sheriff. The enforcement officers of the court shall perform the same duties as are performed by sheriffs in the supreme court and shall have, within their territorial jurisdiction and subject to any limitations imposed by [this act or by other provision of] law, such power to serve and execute the processes and mandates of the court as a sheriff has with regard to the processes and mandates of the supreme court. They shall also have, within their territorial jurisdiction, all of the powers in criminal matters of a constable of a town in the state of New York. It shall also be the duty of the police officers of the city to execute all criminal processes and mandates of the court. Neither an enforcement officer nor a police officer shall receive any fee or

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

[ ] is old law to be omitted.

LBD10408-01-9

S. 4275 2

compensation for the service or execution of any criminal process or mandate issued out of the court.

(2) Notwithstanding any inconsistent provision of law to the contrary, in the county of Erie all provisions of law relating to the powers, duties and liabilities of sheriffs in like cases with respect to the execution of money judgments rendered by any family court or any supreme court of the county in which a city court is located, shall apply to the enforcement officer of such city court, who was designated in lieu of the sheriff.

§ 2. Subdivision (s-1) of section 105 of the civil practice law and rules, as amended by chapter 80 of the laws of 1998, is amended to read as follows:

(s-1) The sheriff. The term "the sheriff", as used in this chapter, means the county sheriff as defined in subdivision (a) of section thirteen of article thirteen of the constitution and in counties in the city of New York, the city sheriff as defined in section fifteen hundred twenty-six of [chapter fifty-eight of] the New York city charter. For the purposes of article fifty-two of this chapter relating to the enforcement of money judgments and for the purposes of any provision of law which in effect applies any such provision of article fifty-two of this chapter, such term shall also mean any "city marshal" as defined in article sixteen of the New York city civil court act and any enforcement officer of a city court, designated in lieu of the sheriff, pursuant to subdivision (b) of section one hundred five of the uniform city court act, except that city marshals and such enforcement officers shall have no power to levy upon or sell real property and city marshals and such enforcement officers shall have no power of arrest.

§ 3. This act shall take effect immediately; provided, however, that the amendments to subdivision (s-1) of section 105 of the civil practice law and rules made by section two of this act shall not affect the repeal of such subdivision pursuant to chapter 455 of the laws of 1997, as amended, and shall be deemed repealed therewith.

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

Sponsor's memo

Title of bill

An act to amend the uniform city court act and the civil practice law and rules, in relation to authorizing enforcement officers of city courts in the county of Erie, designated in lieu of the sheriff, to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts

Purpose

Grants enforcement officers of a city court, in Erie county, designed in lieu of sheriff, same powers to execute money judgments as sheriffs have.

Summary of specific provisions

Section 1 - amends subdivision (b) of section 105 of the uniform city court act, as amended by chapter 397 of the laws of 1998, to grant enforcement officers of family and city courts in Erie county the same powers a s sheriffs currently hold, with respect to the execution of money judgments.

Section 2 - amends subdivision (s-1) of section 105 of the civil prac- tice law and rules, as amended by chapter 80 of the laws of 1998, prohibits enforcement officers of a city court, designated in lieu of the sheriff, from having the powers of arrest.

Section 3 - Effective date.

Justification

The proposed amendment to the CPLR and the UCCA would clarify existing laws, in regards to the jurisdiction of the city court marshals. This would enable the marshals in Erie county to handle all executions of their completion and ensure that the public would not have to incur additional expenses.

Fiscal implications

None.

Effective date

This bill shall take effect immediately.

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