S T A T E O F N E W Y O R K
________________________________________________________________________
2045
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. TEDISCO, OAKS, RABBITT, REILICH, KOLB -- Multi-
Sponsored by -- M. of A. BARCLAY, BURLING, BUTLER, CALHOUN, CONTE,
CROUCH, FINCH, FITZPATRICK, HAYES, McDONOUGH, J. MILLER, RAIA, SALADI-
NO, SAYWARD, THIELE -- read once and referred to the Committee on
Correction
AN ACT to amend the correction law and the executive law, in relation to
the creation of a program to transport persons subject to an outstand-
ing warrant
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 23-a
to read as follows:
S 23-A. TRANSPORTATION OF PERSONS SUBJECT TO AN OUTSTANDING WARRANT.
1. THE COMMISSIONER SHALL, AT THE REQUEST OF A SHERIFF, A VILLAGE, TOWN
OR CITY POLICE DEPARTMENT, A COURT OR OTHER LAW ENFORCEMENT OFFICER,
PROVIDE FOR THE TRANSPORTATION WITHIN THE STATE OF PERSONS SUBJECT TO
ANY WARRANT OF ARREST, BENCH WARRANT OR SUPERIOR COURT WARRANT, AS SUCH
TERMS ARE DEFINED IN THE CRIMINAL PROCEDURE LAW, FOR ANY FELONY OR CLASS
A MISDEMEANOR FROM ANY JURISDICTION TO THE JURISDICTION WHERE THE
WARRANT IS OUTSTANDING.
2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
WHEN (A) THE DISTANCE BETWEEN THE JURISDICTIONS IS FIFTY MILES OR LESS;
OR (B) TRANSPORTATION IS ALREADY PROVIDED UNDER THE PROVISIONS OF THE
VIOLENT FELONY WARRANT PROGRAM AS SET FORTH IN SECTION TWO HUNDRED TWEN-
TY-ONE-E OF THE EXECUTIVE LAW.
3. THE COST OF TRANSPORTING PERSONS PURSUANT TO THIS SECTION SHALL BE
PAID FROM FUNDS APPROPRIATED TO THE DEPARTMENT FOR SUCH PURPOSE.
S 2. The executive law is amended by adding a new section 221-e to
read as follows:
S 221-E. VIOLENT FELONY WARRANT PROGRAM. THE DIVISION OF STATE POLICE
SHALL PROVIDE FOR THE TRANSPORTATION OF CERTAIN DEFENDANTS CHARGED WITH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01465-01-1
A. 2045 2
THE COMMISSION OF A VIOLENT FELONY AND SUBJECT TO AN OUTSTANDING WARRANT
OF ARREST, BENCH WARRANT OR SUPERIOR COURT WARRANT, AS SUCH TERMS ARE
DEFINED IN THE CRIMINAL PROCEDURE LAW, FROM ANY JURISDICTION TO THE
JURISDICTION WHERE THE WARRANT IS OUTSTANDING. PERSONS FOR WHOM SUCH
TRANSPORTATION IS SO PROVIDED SHALL NOT BECOME THE RESPONSIBILITY OF THE
COMMISSIONER OF CORRECTIONAL SERVICES TO PROVIDE TRANSPORTATION, SUBJECT
TO SECTION TWENTY-THREE-A OF THE CORRECTION LAW.
S 3. This act shall take effect immediately.