S T A T E O F N E W Y O R K
________________________________________________________________________
8061
2009-2010 Regular Sessions
I N A S S E M B L Y
May 4, 2009
___________
Introduced by M. of A. LANCMAN, DESTITO, PERRY, FIELDS -- Multi-Spon-
sored by -- M. of A. DUPREY, GALEF, MAGEE, McENENY, RUSSELL -- (at
request of the Division of State Police) -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the duties of the
state police
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 223 of the executive law, as
amended by chapter 428 of the laws of 1999, is amended to read as
follows:
1. It shall be the duty of the superintendent of the state police and
of members of the state police to prevent and detect crime and apprehend
criminals. They shall also be subject to the call of the governor and
are empowered to [co-operate] COOPERATE with any other department of the
state or with local authorities. They shall have power to arrest, with-
out a warrant, any person committing or attempting to commit within
their presence or view a breach of the peace or other violation of law,
to serve and execute warrants of arrest or search issued by proper
authority and to exercise all other powers of police officers of the
state of New York[. Any such warrants issued by any magistrate of the
state may be executed by them in any part of the state according to the
tenor thereof without indorsement. But], BUT they shall not exercise
their powers within the limits of any city to suppress rioting and
disorder except by direction of the governor or upon the request of the
mayor of the city with the approval of the governor. Any member of the
rank of sergeant or above may take pre-arraignment bail from any defend-
ant in the amounts and under the circumstances and conditions that
police may take bail.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07871-01-9
A. 8061 2
S 2. The opening paragraph of section 223 of the executive law, as
amended by chapter 843 of the laws of 1980, is amended to read as
follows:
It shall be the duty of the superintendent of the state police and of
members of the state police to prevent and detect crime and apprehend
criminals. They shall also be subject to the call of the governor and
are empowered to [co-operate] COOPERATE with any other department of the
state or with local authorities. They shall have power to arrest, with-
out a warrant, any person committing or attempting to commit within
their presence or view a breach of the peace or other violation of law,
to serve and execute warrants of arrest or search issued by proper
authority and to exercise all other powers of police officers of the
state of New York[. Any such warrants issued by any magistrate of the
state may be executed by them in any part of the state according to the
tenor thereof without indorsement. But], BUT they shall not exercise
their powers within the limits of any city to suppress rioting and
disorder except by direction of the governor or upon the request of the
mayor of the city with the approval of the governor. Any member of the
rank of sergeant or above may take pre-arraignment bail from any defend-
ant in the amounts and under the circumstances and conditions that
police may take bail.
S 3. This act shall take effect immediately, provided that the amend-
ments to section 233 of the executive law made by section one of this
act shall be subject to the expiration and reversion of such section
pursuant to section 3 of chapter 428 of the laws of 1999, as amended,
when upon such date the provisions of section two of this act shall take
effect.