S T A T E   O F   N E W   Y O R K
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                                  2801

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 3, 2009
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  adding
  triborough bridge and tunnel authority peace officers to those able to
  conduct temporary questioning of persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 140.50 of the criminal procedure law, as amended by
chapter 911 of the laws of 1972, subdivision 1 as amended by chapter 714
of the laws of 1973 and subdivision 2 as amended by chapter 237  of  the
laws of 1985, is amended to read as follows:
S  140.50  Temporary questioning of persons in public places; search for
             weapons.
  1. In addition to the authority provided by this article for making an
arrest without a warrant, a police officer may stop a person in a public
place located within the geographical area of such officer's  employment
when  [he]  SUCH  POLICE OFFICER reasonably suspects that such person is
committing, has committed or is about to commit either (a) a  felony  or
(b)  a misdemeanor defined in the penal law, and may demand [of him his]
SUCH PERSON'S name, address and an explanation of his OR HER conduct.
  2. Any person who  is  a  peace  officer  and  who  provides  security
services  for any court of the unified court system may stop a person in
or about the courthouse to which [he] SUCH  PEACE  OFFICER  is  assigned
when  [he]  SUCH  PEACE  OFFICER reasonably suspects that such person is
committing, has committed or is about to commit either (a) a  felony  or
(b)  a misdemeanor defined in the penal law, and may demand [of him his]
SUCH PERSON'S name, address and an explanation of his OR HER conduct.
  3. ANY PERSON WHO IS A PEACE OFFICER AND ENFORCES  ALL  PROVISIONS  OF
LAW  IN AND ABOUT THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FACILITIES,
MAY STOP A PERSON IN OR ABOUT SUCH FACILITIES TO WHICH SUCH PEACE  OFFI-
CER  IS  ASSIGNED  WHEN SUCH PEACE OFFICER REASONABLY SUSPECTS THAT SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07932-01-9
              

S. 2801                             2

PERSON IS COMMITTING, HAS COMMITTED OR IS ABOUT TO COMMIT EITHER  (A)  A
FELONY  OR  (B)  A  MISDEMEANOR DEFINED IN THE PENAL LAW, AND MAY DEMAND
SUCH PERSON'S NAME, ADDRESS AND AN EXPLANATION OF HIS OR HER CONDUCT.
  4.  When  upon  stopping  a  person  under circumstances prescribed in
subdivisions one [and], two, AND THREE, a  police  officer  [or],  court
officer,  OR  TRIBOROUGH  BRIDGE  AND  TUNNEL  AUTHORITY  PEACE OFFICER,
SERGEANT, OR LIEUTENANT, as the case may be,  reasonably  suspects  that
[he]  SUCH OFFICER is in danger of physical injury, he OR SHE may search
such person for a deadly weapon or any instrument, article or  substance
readily  capable  of  causing  serious physical injury and of a sort not
ordinarily carried in public places by law-abiding persons. If [he] SUCH
OFFICER finds [such] a weapon  or  instrument,  or  any  other  property
possession  of  which  he  OR SHE reasonably believes may constitute the
commission of a crime, he OR SHE may take  it  and  keep  it  until  the
completion  of  the  questioning,  at  which time he OR SHE shall either
return it, if lawfully possessed, or arrest such person.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.