What's happening
This bill authorizes uniformed court officers and court clerks designated as peace officers to execute arrest warrants.
Why it matters
Expands law enforcement powers. By allowing uniformed court officers and certain court clerks to execute arrest warrants, the bill empowers more personnel within the court system to directly enforce criminal law, potentially leading to quicker apprehension of individuals with outstanding warrants.
Could improve courtroom and courthouse security. Granting these officers and clerks arrest authority may enhance safety in court facilities by enabling immediate action against individuals wanted for arrest, without needing to wait for outside police.
Raises questions about training and oversight. Expanding arrest powers to additional court personnel makes it important to consider whether these individuals have sufficient law enforcement training and how their actions will be monitored, which could affect due process and civil liberties.
May affect court operations and workflow. With more staff able to execute warrants, courts might experience fewer delays related to waiting for police intervention, potentially making judicial proceedings more efficient, but also shifting some law enforcement responsibilities from police to court staff.
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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
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
814
2019-2020 Regular Sessions
IN SENATE
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 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.
LBD06506-01-9
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 authorizing uniformed court officers and court clerks designated 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
2018: S.5755 - Referred to Codes / A.6536 - Referred to Codes 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.