senate Bill S646

2011-2012 Legislative Session

Authorizes Triborough bridge and tunnel peace officers the right to temporarily stop and question persons and conduct frisk for weapons

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

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S646 - Bill Details

See Assembly Version of this Bill:
A4304
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง140.50, CP L
Versions Introduced in 2009-2010 Legislative Session:
S2801, A5111A

S646 - Bill Texts

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Authorizes Triborough bridge and tunnel peace officers the right to temporarily stop and question persons and conduct frisk for weapons.

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BILL NUMBER:S646

TITLE OF BILL:
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

PURPOSE:
To enhance the role of the peace officers employed by the TBTA in or
about facilities operated by the TBTA by including the TBTA's
officers in the provision of the criminal procedure law which permits
certain peace officers to stop and frisk to afford better protection
to citizens.

SUMMARY OF PROVISIONS:
Amends section 140.50 of the criminal Procedure Law by adding new
subdivision 3.

JUSTIFICATION:
The State has seen an increased need for public security since the
unwarranted attacks on the World Trade Center on 9/11/01. Currently,
officers of the TBTA are charged with protecting those bridges and
tunnels in and around New York City under TBTA control, however they
are not entitled to question or frisk suspects in accordance with the
Criminal Procedure Law. Sergeants, lieutenants and other officers of
the TBTA are highly trained peace officers. This bill will enhance
their capacity to protect citizens who travel the bridges and tunnels
by permitting the TBTA officers to stop and question, and if
necessary, frisk persons who are acting in a suspicious manner. The
Bridge and Tunnel sergeants, lieutenants and other officers are most
familiar with the patrons who travel these vital arteries every day.
With this familiarity they are most capable of spotting unusual
behavior which could lead to the mass destruction of our bridges and
tunnels. To deny these officers the ability to question and frisk
suspicious people, puts the public at risk.

LEGISLATIVE HISTORY:
S.3375, 2003-04 - 3rd Reading
S.1191, 2005-06 - Codes
S.3725, 2007-08 - Codes
S.2801, 2009-10 - Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
December first next succeeding the date on which it shall have
become a law.

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

                                   646

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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, subdivision 2 as amended by chapter 237 of the laws
of 1985 and subdivision 4 as added by chapter 176 of the laws  of  2010,
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00539-01-1

S. 646                              2

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
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.
  [4.]  5.  In cities with a population of one million or more, informa-
tion that establishes the personal identity of  an  individual  who  has
been  stopped,  questioned  and/or  frisked by a police officer or peace
officer, such as the name, address or social  security  number  of  such
person,  shall  not be recorded in a computerized or electronic database
if that individual is released without further legal  action;  provided,
however,  that  this  subdivision  shall not prohibit police officers or
peace officers from including in a computerized or  electronic  database
generic  characteristics  of an individual, such as race and gender, who
has been stopped, questioned and/or frisked by a police officer or peace
officer.
  S 2. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.

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