Senate Bill S3365

2009-2010 Legislative Session

Eliminates the power of the state police to execute warrants issued by magistrates throughout the state without indorsement

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Mar 17, 2009	referred to finance

2009-S3365 (ACTIVE) - Details

See Assembly Version of this Bill:: A8061
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §223, Exec L

2009-S3365 (ACTIVE) - Summary

Eliminates the power of the state police to execute warrants issued by magistrates throughout the state without indorsement.

2009-S3365 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3365

 TITLE OF BILL :

An act to amend the executive law, in relation to the duties of the
state police


 PURPOSE :

This bill would remove an unconstitutional statutory provision that
purports to authorize statewide execution of all warrants.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends Executive Law §223(1) to remove the
statutory authority for State Police officers to execute any warrant
without judicial endorsement anywhere within the State.

Section 2 of the bill makes the same change with respect to a prior
version of the relevant Executive Law provision that will come back
into force if the current version is allowed to expire as scheduled on
September 1, 2009.

Section 3 of the bill provides that it shall take effect immediately.

 EXISTING LAW :

Executive Law §223(1) provides that members of the State Police shall
have the power to execute arrest warrants and search warrants, and
that 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." However, the Constitution provides that
the legislature may provide that warrants of town, village and city
courts outside the city of New York "may be served and executed in any
part of the county in which such courts are located or in any part of
any adjoining county." Art. VI, §1(c).

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

The objectionable provision in Executive Law §223(1), which predates
the current State Constitution, purports to authorize a procedure that
is in direct conflict with the jurisdictional limitations of city,
town and village courts outside the City of New York, as set forth in
Article VI, § 1(c) of the New York State Constitution. The provision
is also unnecessary, as there is independent and adequate statutory
basis for state troopers, as police officers, to execute arrest
warrants and search warrants in any part of the State that such
warrants may, under law, be executed, Criminal Procedure Law §
120.70,690.20.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill would become effective immediately upon enactment.

2009-S3365 (ACTIVE) - Bill Text download pdf

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

                                  3365

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 17, 2009
                               ___________

Introduced  by  Sen.  KRUGER  --  (at  request  of the Division of State
  Police) -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Finance

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.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07871-01-9

S. 3365                             2

  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.

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Senate Bill S3365

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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2009-S3365 (ACTIVE) - Details

2009-S3365 (ACTIVE) - Summary

2009-S3365 (ACTIVE) - Sponsor Memo

2009-S3365 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2009-S3365 (ACTIVE) - Details

2009-S3365 (ACTIVE) - Summary

2009-S3365 (ACTIVE) - Sponsor Memo

2009-S3365 (ACTIVE) - Bill Text download pdf

Comments