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

                                  4798

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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

AN ACT to amend the criminal procedure law, the domestic relations  law,
  the  New  York  city  criminal  court act and the family court act, in
  relation to deputy sheriffs in the city of New York

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

  Section 1.  Subdivisions 28, 29 and 30 of section 1.20 of the criminal
procedure  law,  subdivision 30 as amended by chapter 265 of the laws of
1976, are amended to read as follows:
  28. "Warrant of arrest" means a process of  a  local  criminal  court,
more  fully  defined  in section 120.10, directing a police officer OR A
SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE  CITY  OF  NEW  YORK  to
arrest a defendant and to bring him before such court for the purpose of
arraignment  upon  an  accusatory  instrument filed therewith by which a
criminal action against him has been commenced.
  29. "Superior court warrant of arrest" means a process of  a  superior
court  directing  a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
SHERIFF OF THE CITY OF NEW YORK to arrest a defendant and to  bring  him
before  such  court  for  the  purpose of arraignment upon an indictment
filed therewith  by  which  a  criminal  action  against  him  has  been
commenced.
  30.  "Bench  warrant"  means  a process of a criminal court in which a
criminal action is pending, directing a police officer,  OR  A  SHERIFF,
UNDERSHERIFF,  OR  DEPUTY SHERIFF OF THE CITY OF NEW YORK or a uniformed
court officer, pursuant to paragraph b of  subdivision  two  of  section
530.70  of this chapter, to take into custody a defendant in such action
who has previously been arraigned  upon  the  accusatory  instrument  by
which  the action was commenced, and to bring him before such court. The
function of a bench warrant is to achieve  the  court  appearance  of  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10441-01-9

              

S. 4798                             2

defendant  in  a pending criminal action for some purpose other than his
initial arraignment in the action.
  S 2. Section 120.10 of the criminal procedure law, as amended by chap-
ter 424 of the laws of 1998, is amended to read as follows:
S 120.10 Warrant of arrest; definition, function, form and content.
  1.  A  warrant of arrest is a process issued by a local criminal court
directing a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
OF THE CITY OF NEW YORK to arrest a defendant designated in an accusato-
ry instrument filed with such court and to bring him before  such  court
in  connection  with  such instrument. The sole function of a warrant of
arrest is to achieve a defendant's court appearance in a criminal action
for the purpose of arraignment upon the accusatory instrument  by  which
such action was commenced.
  2.  A  warrant  of  arrest must be subscribed by the issuing judge and
must state or contain (a) the name of the issuing  court,  and  (b)  the
date of issuance of the warrant, and (c) the name or title of an offense
charged in the underlying accusatory instrument, and (d) the name of the
defendant to be arrested or, if such be unknown, any name or description
by  which  he  can  be identified with reasonable certainty, and (e) the
police officer or officers to whom the warrant is addressed, and  (f)  a
direction  that  such  officer arrest the defendant and bring him before
the issuing court.
  3. A warrant of arrest may be addressed to a classification of  police
officers,  or  to  two  or more classifications thereof, as well as to a
designated individual police officer or officers OR TO A SHERIFF, UNDER-
SHERIFF OR DEPUTY SHERIFF OF THE CITY OF NEW YORK AS WELL AS TO A DESIG-
NATED INDIVIDUAL SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY  OF
NEW YORK.  Multiple copies of such a warrant may be issued.
  S 3. Section 120.50 of the criminal procedure law, as amended by chap-
ter 424 of the laws of 1998, is amended to read as follows:
S  120.50   Warrant of arrest; to what police officers OR PEACE OFFICERS
          addressed.
  A warrant of arrest may be addressed to any police officer or  classi-
fication  of  police  officers  OR  TO A SHERIFF, UNDERSHERIFF OR DEPUTY
SHERIFF OF THE CITY OF NEW YORK whose geographical  area  of  employment
embraces  either  the  place  where  the  offense  charged was allegedly
committed or the locality of the court by which the warrant is issued.
  S 4. Section 120.60 of the criminal procedure law, as amended by chap-
ter 424 of the laws of 1998, is amended to read as follows:
S 120.60  Warrant of arrest; what police officers OR PEACE OFFICERS  may
          execute.
  1.  A warrant of arrest may be executed by (a) any police officer OR A
SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK to whom
it  is  addressed,  or (b) any other police officer OR A SHERIFF, UNDER-
SHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK delegated to  execute
it under circumstances prescribed in subdivisions two and three.
  2.   A police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF
THE CITY OF NEW YORK to whom a warrant of arrest is addressed may  dele-
gate  another officer OR A SHERIFF, UNDERSHERIFF, OR A DEPUTY SHERIFF OF
THE CITY OF NEW YORK to whom it is not addressed to execute such warrant
as his agent when:
  (a)  He has reasonable cause to believe that the  defendant  is  in  a
particular county other than the one in which the warrant is returnable;
and
  (b)    The  warrant is, pursuant to section 120.70, executable in such
other county without endorsement by a local criminal court thereof; and

S. 4798                             3

  (c)  The geographical area of employment of the delegated police offi-
cer OR THE SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFFS OF THE CITY OF NEW
YORK embraces the locality where the arrest is to be made.
  3.  Under circumstances specified in subdivision two, the police offi-
cer  OR  A  SHERIFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK to whom the warrant is addressed may inform the delegated  officer,
by  telecommunication,  mail  or any other means, of the issuance of the
warrant, of the offense charged in the underlying accusatory  instrument
and  of  all  other pertinent details, and may request him to act as his
agent in arresting the defendant pursuant to  such  warrant.  Upon  such
request,  the  delegated  police  officer OR A SHERIFF, UNDERSHERIFF, OR
DEPUTY SHERIFF OF THE CITY OF NEW YORK is to  the  same  extent  as  the
delegating  officer,  authorized  to  make  such  arrest pursuant to the
warrant within the geographical area of such delegated  officer's  OR  A
SHERIFF,  UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF  THE CITY OF NEW YORK'S
employment.   Upon so  arresting  the  defendant,  he  must  proceed  as
provided in subdivisions two and four of section 120.90.
  S  5.  Subdivisions  2,  3,  4 and 5 of section 120.80 of the criminal
procedure law, subdivisions 2 and 3 and the opening paragraph of  subdi-
vision 4 as amended by chapter 424 of the laws of 1998, subdivision 4 as
amended  by chapter 504 of the laws of 1991 and subdivision 5 as amended
by chapter 843 of the laws of 1980, are amended to read as follows:
  2.  Unless encountering physical resistance, flight or  other  factors
rendering  normal procedure impractical, the arresting police officer OR
A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK  must
inform  the  defendant  that  a  warrant  for his arrest for the offense
designated therein has been issued.  Upon request of the defendant,  the
officer  OR  A  SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFF OF THE CITY OF
NEW YORK must show him the warrant if he has it in his  possession.  The
officer need not have the warrant in his possession, and, if he has not,
he  must  show it to the defendant upon request as soon after the arrest
as possible.
  3.  In order to effect the arrest, the police officer  OR  A  SHERIFF,
UNDERSHERIFF,  AND  DEPUTY  SHERIFF OF THE CITY OF NEW YORK may use such
physical force as is justifiable pursuant to section 35.30 of the  penal
law.
  4.  In  order  to  effect the arrest, the police officer OR A SHERIFF,
UNDERSHERIFF, OR DEPUTY SHERIFF OF THE  CITY  OF  NEW  YORK  may,  under
circumstances  and  in  the manner prescribed in this subdivision, enter
any premises in which he reasonably believes the defendant to  be  pres-
ent;  provided,  however,  that  where the premises in which the officer
reasonably believes the defendant to be present is  the  dwelling  of  a
third party who is not the subject of the arrest warrant, the officer OR
A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall
proceed  in the manner specified in article 690 of this chapter.  Before
such entry, he must give, or make reasonable effort to give,  notice  of
his  authority  and  purpose  to  an  occupant  thereof, unless there is
reasonable cause to believe that the giving of such notice will:
  (a) Result in the defendant escaping or attempting to escape; or
  (b) Endanger the life or safety of the officer OR  A  SHERIFF,  UNDER-
SHERIFF,  AND  DEPUTY SHERIFF OF THE CITY OF NEW YORK or another person;
or
  (c) Result in the  destruction,  damaging  or  secretion  of  material
evidence.
  5.   If the officer [is] OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
OF THE CITY OF NEW YORK ARE authorized to enter premises without  giving

S. 4798                             4

notice  of  his authority and purpose, or if after giving such notice he
is not admitted, he may enter such premises, and by a breaking if neces-
sary.
  S 6. Section 120.90 of the criminal procedure law, as amended by chap-
ter 424 of the laws of 1998, is amended to read as follows:
S 120.90  Warrant of arrest; procedure after arrest.
  1.    Upon arresting a defendant for any offense pursuant to a warrant
of arrest in the county in which the warrant is  returnable  or  in  any
adjoining  county,  or  upon  so arresting him for a felony in any other
county, a police officer, OR A SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFF
OF THE CITY OF NEW YORK if he be one to whom the warrant  is  addressed,
must  without  unnecessary  delay  bring  the defendant before the local
criminal court in which such warrant is returnable.
  2.  Upon arresting a defendant for any offense pursuant to  a  warrant
of  arrest  in  a  county  adjoining  the county in which the warrant is
returnable, or upon so arresting him for a felony in any other county, a
police officer, if he be one delegated to execute the  warrant  pursuant
to  section 120.60, must without unnecessary delay deliver the defendant
or cause him to be delivered to the custody of the officer OR A SHERIFF,
UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK by whom  he  was
so  delegated,  and the latter must then proceed as provided in subdivi-
sion one.
  3.  Upon arresting a defendant for an  offense  other  than  a  felony
pursuant  to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police  officer,  OR  A
SHERIFF,  UNDERSHERIFF,  OR DEPUTY SHERIFF OF THE CITY OF NEW YORK if he
be one to whom the warrant is addressed, must inform the defendant  that
he  has a right to appear before a local criminal court of the county of
arrest for the purpose of being released  on  his  own  recognizance  or
having bail fixed.  If the defendant does not desire to avail himself of
such right, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF
THE  CITY  OF  NEW  YORK  must request him to endorse such fact upon the
warrant, and upon such endorsement the officer OR A SHERIFF,  UNDERSHER-
IFF,  OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must without unnecessary
delay bring him before the court in which the warrant is returnable.  If
the defendant does desire to avail himself  of  such  right,  or  if  he
refuses  to  make the aforementioned endorsement, the officer OR A SHER-
IFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must  with-
out  unnecessary  delay  bring  him before a local criminal court of the
county of arrest.   Such court must release the  defendant  on  his  own
recognizance  or  fix bail for his appearance on a specified date in the
court in which the warrant is  returnable.    If  the  defendant  is  in
default of bail, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
IFF  OF  THE  CITY  OF NEW YORK must without unnecessary delay bring him
before the court in which the warrant is returnable.
  4.  Upon arresting a defendant for an  offense  other  than  a  felony
pursuant  to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police  officer,  OR  A
SHERIFF,  UNDERSHERIFF,  OR DEPUTY SHERIFF OF THE CITY OF NEW YORK if he
be one delegated to execute the warrant pursuant to section 120.60,  may
hold  the  defendant in custody in the county of arrest for a period not
exceeding two hours for the purpose of delivering him to the custody  of
the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF
NEW YORK by whom he was delegated to execute such warrant. If the deleg-
ating  officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY
OF NEW YORK receives custody of the defendant  during  such  period,  he

S. 4798                             5

must  proceed as provided in subdivision three. Otherwise, the delegated
officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK must inform the defendant that he has a right to  appear  before  a
local criminal court for the purpose of being released on his own recog-
nizance or having bail fixed.  If the defendant does not desire to avail
himself of such right, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
SHERIFF  OF  THE  CITY  OF  NEW  YORK must request him to make, sign and
deliver to him a written statement of such fact, and  if  the  defendant
does  so,  the  officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF
THE CITY OF NEW YORK must retain custody of him but must without  unnec-
essary  delay deliver him or cause him to be delivered to the custody of
the delegating police officer OR  A  SHERIFF,  UNDERSHERIFF,  OR  DEPUTY
SHERIFF  OF THE CITY OF NEW YORK.  If the defendant does desire to avail
himself of such right, or if he refuses to make and deliver  the  afore-
mentioned  statement,  the  delegated or arresting officer OR A SHERIFF,
UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF  NEW  YORK  must  without
unnecessary  delay bring him before a local criminal court of the county
of arrest and must submit to such court a written statement reciting the
material facts concerning the  issuance  of  the  warrant,  the  offense
involved,  and  all  other essential matters relating thereto.  Upon the
submission of such statement, such court must release the  defendant  on
his  own recognizance or fix bail for his appearance on a specified date
in the court in which the warrant is returnable.  If the defendant is in
default of bail, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
IFF OF THE CITY OF NEW YORK must retain custody of him but must  without
unnecessary delay deliver him or cause him to be delivered to the custo-
dy of the delegating officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
IFF  OF  THE  CITY OF NEW YORK.  Upon receiving such custody, the latter
must without unnecessary delay bring the defendant before the  court  in
which the warrant is returnable.
  5.  Whenever  a  police  officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
SHERIFF OF THE CITY OF NEW YORK is required pursuant to this section  to
bring  an  arrested  defendant before a town court in which a warrant of
arrest is returnable, and if such town court is  not  available  at  the
time,  such officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE
CITY OF NEW YORK must, if a copy of the underlying accusatory instrument
has been attached to the warrant pursuant  to  section  120.40,  instead
bring  such  defendant before any village court embraced, in whole or in
part, by such town, or any local criminal court of an adjoining town  or
city  of  the  same county or any village court embraced, in whole or in
part, by such adjoining town. When the court in  which  the  warrant  is
returnable  is  a  village court which is not available at the time, the
officer must in such circumstances bring the defendant before  the  town
court  of  the  town  embracing  such village or any other village court
within such town or, if such town court or village court is  not  avail-
able  either, before the local criminal court of any town or city of the
same county which adjoins such embracing town or, before the local crim-
inal court of any village embraced in whole or in part by such adjoining
town. When the court in which the warrant is returnable is a city  court
which  is  not  available  at the time, the officer must in such circum-
stances bring the defendant before  the  local  criminal  court  of  any
adjoining town or village embraced in whole or in part by such adjoining
town of the same county.
  6.   Before bringing a defendant arrested pursuant to a warrant before
the local criminal court in which such warrant is returnable,  a  police
officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW

S. 4798                             6

YORK must without unnecessary delay perform all fingerprinting and other
preliminary  police duties required in the particular case.  In any case
in which the defendant is not brought by a police officer OR A  SHERIFF,
UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF  THE CITY OF NEW YORK before such
court but, following his arrest in another county for an offense  speci-
fied in subdivision one of section 160.10, is released by a local crimi-
nal  court  of  such other county on his own recognizance or on bail for
his appearance on a specified  date  before  the  local  criminal  court
before  which  the  warrant  is  returnable, the latter court must, upon
arraignment of the defendant before it, direct that he be  fingerprinted
by the appropriate officer or agency, and that he appear at an appropri-
ate designated time and place for such purpose.
  7.   Upon arresting a juvenile offender, the police officer OR A SHER-
IFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall imme-
diately notify the parent or other person legally  responsible  for  his
care or the person with whom he is domiciled, that the juvenile offender
has  been  arrested,  and the location of the facility where he is being
detained.
  S 7. Subdivision 1 of section 130.40 of the criminal procedure law  is
amended to read as follows:
  1.    A summons may be served by a police officer OR A SHERIFF, UNDER-
SHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK, or by a  complainant
at  least  eighteen  years  old or by any other person at least eighteen
years old designated by the court.
  S 8. Subdivision 3 of section 140.50 of the criminal procedure law, as
amended by chapter 911 of the laws of 1972, is renumbered subdivision  4
and amended and a new subdivision 3 is added to read as follows:
  3. ANY PERSON WHO IS A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE
CITY  OF  NEW  YORK  AND  WHO IS ENGAGED IN THE COURSE OF PERFORMING HIS
SPECIAL DUTIES MAY STOP A PERSON WITHIN THE CITY OF  NEW  YORK  WHEN  HE
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 NAME, ADDRESS AND AN EXPLANATION OF
HIS CONDUCT.
  4. When upon stopping  a  person  under  circumstances  prescribed  in
[subdivisions]  SUBDIVISION  one  [and],  two  OR THREE a police officer
[or], court officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE
CITY OF NEW YORK, as the case may be, reasonably suspects that he is  in
danger of physical injury, he may search such person for a deadly weapon
or any instrument, article or substance readily capable of causing seri-
ous physical injury and of a sort not ordinarily carried in public plac-
es  by  law-abiding persons. If he finds such a weapon or instrument, or
any other property  possession  of  which  he  reasonably  believes  may
constitute  the  commission of a crime, he may take it and keep it until
the completion of the questioning, at which time he shall either  return
it, if lawfully possessed, or arrest such person.
  S 9. Subdivision 1 of section 150.10 of the criminal procedure law, as
amended  by  chapter  67  of  the  laws  of  1996, is amended to read as
follows:
  1. An appearance ticket is a written notice issued and subscribed by a
police officer OR A SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE  CITY
OF NEW YORK or other public servant authorized by state law or local law
enacted  pursuant  to  the  provisions of the municipal home rule law to
issue the same, directing a designated person to appear in a  designated
local  criminal court at a designated future time in connection with his
alleged commission of a designated offense.  A notice conforming to such

S. 4798                             7

definition constitutes an appearance ticket regardless of whether it  is
referred  to in some other provision of law as a summons or by any other
name or title.
  S  10.  Subdivision 2 of section 530.70 of the criminal procedure law,
as amended by chapter 352 of the laws of 1991, is  amended  to  read  as
follows:
  2.  A  bench warrant may be addressed to: (a) any police officer whose
geographical area of employment embraces  either  the  place  where  the
offense  charged was allegedly committed or the locality of the court by
which the warrant is issued; or (b) any uniformed court  officer  for  a
court  in  the  city  of  New  York, the county of Nassau, the county of
Suffolk or the county of Westchester that is part of the  unified  court
system  of  the  state  for execution in the building wherein such court
officer is employed or in the immediate vicinity thereof; OR (C) A SHER-
IFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY OF NEW  YORK  WHERE  THE
OFFENSE  CHARGED WAS ALLEGEDLY COMMITTED WITHIN THE CITY OF NEW YORK.  A
bench warrant must be executed in  the  same  manner  as  a  warrant  of
arrest,  as  provided  in section 120.80, and following the arrest, such
executing police officer or court officer OR A SHERIFF, UNDERSHERIFF, OR
DEPUTY SHERIFF OF THE CITY OF NEW YORK must  without  unnecessary  delay
bring  the  defendant  before  the  court  in  which  it  is returnable;
provided, however, if the court in which the bench warrant is returnable
is a city, town or village court, and such court is not  available,  and
the  bench warrant is addressed to a police officer OR A SHERIFF, UNDER-
SHERIFF, OR DEPUTY SHERIFF OF THE  CITY  OF  NEW  YORK,  such  executing
[police]  officer  must  without  unnecessary  delay bring the defendant
before an alternate local criminal court,  as  provided  in  subdivision
five  of  section  120.90; or if the court in which the bench warrant is
returnable is a superior court, and such court is not available, and the
bench warrant is addressed to a police officer OR A SHERIFF,  UNDERSHER-
IFF,  OR DEPUTY SHERIFF OF THE CITY OF NEW YORK, such executing [police]
officer may bring the defendant to the local  correctional  facility  of
the  county  in  which  such  court sits, to be detained there until not
later than the commencement of the next session of such court  occurring
on the next business day.
  S  11. Section 570.34 of the criminal procedure law is amended to read
as follows:
S 570.34  Arrest of accused without warrant therefor.
  The arrest of a person in this state may be lawfully made also by  any
police  officer,  OR  A  SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE
CITY OF NEW YORK or a private person, without a warrant, upon reasonable
information that the accused stands charged in  the  courts  of  another
state  with  a  crime  punishable  by  death  or imprisonment for a term
exceeding one year; but when so  arrested  the  accused  must  be  taken
before  a  local criminal court with all practicable speed and complaint
must be made against him under oath setting forth  the  ground  for  the
arrest  as  in the preceding section; and, thereafter, his answers shall
be heard as if he had been arrested on a warrant.
  S 12. Paragraph (b) of subdivision 2 of section 620.30 of the criminal
procedure law is amended to read as follows:
  (b) If in addition to the allegations specified  in  subdivision  one,
the application contains further allegations demonstrating to the satis-
faction  of  the  court reasonable cause to believe that (i) the witness
would be unlikely to respond to such an order, or (ii) after  previously
having  been  served with such an order, he did not respond thereto, the
court may issue a warrant addressed to a police officer  OR  A  SHERIFF,

S. 4798                             8

UNDERSHERIFF  OR  DEPUTY SHERIFF OF THE CITY OF NEW YORK, directing such
officer to take such prospective witness into custody within  the  state
and  to  bring him before the court forthwith in order that a proceeding
may  be  conducted  to determine whether he is to be adjudged a material
witness.
  S 13. Section 690.05 of the criminal procedure law, subdivision  2  as
amended  by chapter 504 of the laws of 1991 and the opening paragraph of
subdivision 2 as amended by chapter 424 of the laws of 1998, is  amended
to read as follows:
S 690.05  Search warrants; in general; definition.
  1.  Under  circumstances  prescribed in this article, a local criminal
court may, upon application of a police officer, OR  A  SHERIFF,  UNDER-
SHERIFF  OR  DEPUTY SHERIFF OF THE CITY OF NEW YORK, a district attorney
or other public servant acting in the course  of  his  official  duties,
issue a search warrant.
  2.  A  search  warrant is a court order and process directing a police
officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK to conduct:
  (a) a search of designated premises, or of a designated vehicle, or of
a designated person, for the purpose of seizing designated  property  or
kinds  of property, and to deliver any property so obtained to the court
which issued the warrant; or
  (b) a search of a designated premises for the purpose of searching for
and arresting a person who is the subject of: (i) a  warrant  of  arrest
issued  pursuant  to  this  chapter,  a superior court warrant of arrest
issued pursuant to this chapter, or a bench warrant for a felony  issued
pursuant  to this chapter, where the designated premises is the dwelling
of a third party who is not the subject of the arrest warrant; or
  (ii) a warrant of arrest issued by any other state  or  federal  court
for  an  offense  which would constitute a felony under the laws of this
state, where the designated premises is the dwelling of  a  third  party
who is not the subject of the arrest warrant.
  S  14.  Section  690.25  of  the  criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
  3. A SEARCH WARRANT MAY BE ADDRESSED TO A  SHERIFF,  UNDERSHERIFF,  OR
DEPUTY  SHERIFF  OF THE CITY OF NEW YORK, TO BE EXECUTED PURSUANT TO ITS
TERMS WITHIN THE CITY OF NEW YORK.
  S 15. Paragraph (b) of subdivision 4 of section 690.35 of the criminal
procedure law, as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
  (b) A request that the search warrant authorize the  executing  police
officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK  to  enter  premises  to  be  searched without giving notice of his
authority and purpose, upon the ground that there is reasonable cause to
believe that (i) the property sought may be easily and quickly destroyed
or disposed of, or (ii) the giving of such notice may endanger the  life
or  safety  of  the executing officer or another person, or (iii) in the
case of an application for a search warrant as defined in paragraph  (b)
of  subdivision  two  of section 690.05 for the purpose of searching for
and arresting a person who is the subject of a warrant for a felony, the
person sought is likely to commit another felony, or  may  endanger  the
life or safety of the executing officer or another person.
  S  16.  Subdivision 2 of section 690.40 of the criminal procedure law,
as amended by chapter 424 of the laws of 1998, is  amended  to  read  as
follows:

S. 4798                             9

  2. If the court is satisfied that there is reasonable cause to believe
that  property of a kind or character referred to in section 690.10, and
described in the application, may be found in or upon the  place,  prem-
ises,  vehicle or person designated or described in the application, or,
in  the  case of an application for a search warrant as defined in para-
graph (b) of subdivision two of section 690.05, that there is reasonable
cause to believe that the person who is the  subject  of  a  warrant  of
arrest,  a  superior  court  warrant of arrest, or a bench warrant for a
felony may be found at the premises designated in  the  application,  it
may  grant the application and issue a search warrant directing a search
of the said place, premises, vehicle or person  and  a  seizure  of  the
described  property  or  the  described  person. If the court is further
satisfied that grounds, described in subdivision four of section 690.35,
exist for authorizing the search to be made at any hour of  the  day  or
night,  or without giving notice of the police officer's OR A SHERIFF'S,
UNDERSHERIFF'S, OR DEPUTY SHERIFF OF THE CITY OF  NEW  YORK'S  authority
and purpose, it may make the search warrant executable accordingly.
  S 17. Subdivisions 3 and 7 of section 690.45 of the criminal procedure
law,  as amended by chapter 424 of the laws of 1998, are amended to read
as follows:
  3. The name, department or classification of the police officer  OR  A
SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK to whom
it is addressed; and
  7. An authorization, where the court has specially so determined, that
the executing police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
IFF  OF  THE  CITY OF NEW YORK enter the premises to be searched without
giving notice of his authority and purpose; and
  S 18. Section 690.50 of the criminal  procedure  law,  as  amended  by
chapter 424 of the laws of 1998, is amended to read as follows:
S 690.50  Search warrants; execution thereof.
  1.   In executing a search warrant directing a search of premises or a
vehicle, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY  SHERIFF
OF  THE  CITY  OF  NEW YORK must, except as provided in subdivision two,
give, or make reasonable effort to give, notice  of  his  authority  and
purpose  to an occupant thereof before entry and show him the warrant or
a copy thereof upon request.  If he is not thereafter admitted,  he  may
forcibly  enter  such premises or vehicle and may use against any person
resisting his entry or search thereof as much physical force, other than
deadly physical force, as is necessary to execute the  warrant;  and  he
may  use  deadly  physical  force  if  he reasonably believes such to be
necessary to defend himself or a third person from  what  he  reasonably
believes to be the use or imminent use of deadly physical force.
  2.   In executing a search warrant directing a search of premises or a
vehicle, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY  SHERIFF
OF  THE CITY OF NEW YORK need not give notice to anyone of his authority
and purpose, as prescribed in subdivision one, but  may  promptly  enter
the same if:
  (a)  Such premises or vehicle are at the time unoccupied or reasonably
believed by the officer to be unoccupied; or
  (b)  The search warrant expressly authorizes entry without notice.
  3.  In executing a search warrant directing or authorizing a search of
a person, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
OF  THE  CITY  OF NEW YORK must give, or make reasonable effort to give,
such person notice of his authority and purpose and show him the warrant
or a copy thereof upon request.  If such person, or another,  thereafter
resists  or  refuses  to  permit the search, the officer may use as much

S. 4798                            10

physical force, other than deadly physical force,  as  is  necessary  to
execute  the warrant; and he may use deadly physical force if he reason-
ably believes such to be necessary to defend himself or a  third  person
from what he reasonably believes to be the use or imminent use of deadly
physical force.
  4.  Upon seizing property pursuant to a search warrant, a police offi-
cer  OR  A  SHERIFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK must write and subscribe a receipt itemizing the property taken and
containing the name of the court by which the  warrant  was  issued.  If
property  is  taken  from  a  person, such receipt must be given to such
person.  If property is taken from premises or a vehicle,  such  receipt
must be given to the owner, tenant or other person in possession thereof
if he is present; or if he is not, the officer must leave such a receipt
in the premises or vehicle from which the property was taken.
  5.  Upon seizing property pursuant to a search warrant, a police offi-
cer  OR  A  SHERIFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
YORK must without unnecessary delay return to the court the warrant  and
the  property, and must file therewith a written inventory of such prop-
erty, subscribed and sworn to by such officer.
  6. Upon arresting a person during a search for him or her pursuant  to
a  search  warrant  as  defined  in  paragraph (b) of subdivision two of
section 690.05, a police officer OR A SHERIFF, UNDERSHERIFF,  OR  DEPUTY
SHERIFF  OF  THE  CITY  OF  NEW  YORK shall comply with the terms of the
warrant of arrest, superior court warrant of arrest,  or  bench  warrant
for  a felony, and shall proceed in the manner directed by this chapter.
Upon arresting such person, the police officer OR A SHERIFF,  UNDERSHER-
IFF,  OR  DEPUTY  SHERIFF  OF  THE  CITY OF NEW YORK shall also, without
unnecessary delay, file a written statement with the court which  issued
the  search  warrant,  subscribed  and sworn to by such officer, setting
forth that the person has been arrested  and  duly  brought  before  the
appropriate  court,  return  to  the  court the warrant and the property
seized in the course of its execution,  and  file  therewith  a  written
inventory of any such property, subscribed and sworn to by such officer.
  S 19. Paragraph (b) of subdivision 1 of section 690.55 of the criminal
procedure law, as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
  (b)    Direct that it be held in the custody of the person who applied
for the warrant, or of the police officer OR A SHERIFF, UNDERSHERIFF, OR
DEPUTY SHERIFF OF THE CITY OF NEW  YORK  who  executed  it,  or  of  the
governmental  or  official  agency  or  department  by which either such
public servant is employed, upon condition that upon order of such court
such property be returned thereto or delivered to another court.
  S 20. Subdivision 18 of section 75-a of the domestic relations law, as
added by chapter 386 of the laws of 2001, is amended to read as follows:
  18. "Law enforcement officer" means a police  officer  as  defined  in
subdivision  thirty-four  of section 1.20 of the criminal procedure law,
OR A PEACE OFFICER AS DEFINED BY SUBDIVISION TWO OF SECTION 2.10 OF  THE
CRIMINAL PROCEDURE LAW.
  S  21. Section 77-o of the domestic relations law, as added by chapter
386 of the laws of 2001, is amended to read as follows:
  S 77-o. Role of law enforcement. At the request  of  a  prosecutor  or
other  appropriate  public official acting under section seventy-seven-n
of this title, a law enforcement  officer,  as  defined  in  subdivision
thirty-four  of  section  1.20  of  the  criminal  procedure law, AND AS
DEFINED BY SUBDIVISION TWO OF SECTION 2.10  OF  THE  CRIMINAL  PROCEDURE
LAW,  may  take any lawful action reasonably necessary to locate a child

S. 4798                            11

or a party and assist a prosecutor or appropriate public  official  with
responsibilities under section seventy-seven-n of this title.
  S 22. Section 58 of the New York city criminal court act is amended by
adding a new subdivision 21 to read as follows:
  (21)  WHERE  AN  APPEARANCE  TICKET HAS BEEN SERVED BY A MEMBER OF THE
OFFICE OF THE SHERIFF OF THE CITY OF NEW YORK IN LIEU OF ARREST IN CASES
AUTHORIZED BY ARTICLE ONE HUNDRED FIFTY OF THE CRIMINAL PROCEDURE LAW, A
SERGEANT DEPUTY SHERIFF, LIEUTENANT  DEPUTY  SHERIFF,  UNDERSHERIFF,  OR
SHERIFF OF SUCH OFFICE OF THE SHERIFF IS HEREBY AUTHORIZED TO ADMINISTER
TO  THE  DEPUTY  SHERIFF  ALL  NECESSARY  OATHS  IN  CONNECTION WITH THE
EXECUTION OF THE ACCUSATORY INSTRUMENT TO BE PRESENTED IN COURT BY  SUCH
DEPUTY SHERIFF IN THE PROSECUTION OF SUCH OFFENSE.
  S  23.  Subdivisions  (b),  (c) and (d) of section 153-a of the family
court act, as added by chapter 416 of the laws of 1975, are  amended  to
read as follows:
  (b)  Unless  encountering physical resistance, flight or other factors
rendering normal procedure impractical, the arresting police officer  OR
A  SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must
inform the subject named therein that  a  warrant  for  his  arrest  for
attendance  at  the  proceeding designated therein has been issued. Upon
request of such subject, the police officer OR A  SHERIFF,  UNDERSHERIFF
OR  DEPUTY  SHERIFF OF THE CITY OF NEW YORK must show him the warrant if
he has it in his possession. The officer need not have  the  warrant  in
his  possession, and, if he has not, he must show it to the subject upon
request as soon after the arrest as possible.
  (c) In order to effect the arrest, the police officer  OR  A  SHERIFF,
UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF THE CITY OF NEW YORK may use such
physical force as is justifiable pursuant to section 35.30 of the  penal
law.
  (d)  In  order  to effect the arrest, the police officer OR A SHERIFF,
UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK  may  enter  any
premises in which he reasonably believes the subject named therein to be
present.  Before  such entry, he must give, or make reasonable effort to
give, notice of his authority and purpose to an occupant thereof.
  S 24. This act shall take effect immediately, provided, however,  that
sections  two,  three, four, five and six of this act shall apply to all
arrest warrants addressed to police officers or peace officers outstand-
ing on the date that this act shall have become a law.