Senate Bill S2188

                                BILL NUMBER:S2188

TITLE OF BILL:

An act
to amend the criminal procedure law, in relation to reclassifying court
officers of the unified court system under the definition of police
officer; and to repeal certain provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

The legislation amended subdivision 34 of Section 1.20 of the criminal
procedure law by reclassifying court officers as police officers.

SUMMARY OF SPECIFIC PROVISIONS:

Amends subdivision 34 of Section 1.20 of the criminal procedure law by
adding a new paragraph which reclassifies court officers under the
definition of police officer.

JUSTIFICATION:

Court Officers are trained by certified New York State Police
Instructors at the New York State Court Officers Academy and are the
law enforcement authority for the state's judicial branch. Court
Officers perform duties identical to that of Police Officers and
              

share the same responsibilities as Police Officers. These duties are
performed in and around court facilities throughout New York State as
well as Unified Court System Administration Facilities. Court
Officers ate sworn peace officers who are authorized to carry a
firearm and effect arrests both on and off duty.

Court officers engage in crime prevention by virtue of being a visible
uniformed force on fixed posts and on patrol in and around these same
facilities. New York State Courts Mobile Security Patrol (MSP) units
routinely patrol these facilities in marked radio patrol cars
responding to emergencies and effecting and assisting in arrests.

Court officers provide judicial protection and routinely transport
members of the judiciary to and from court facilities and
administrative offices as well as to and from duties in remote areas
of New York State.

Additionally, Court Officers provide protection to Judges at their homes
in the event of threats made against Judges. Court officers are the
only peace officers in the state with stop, question and frisk power.
(Ref.
CPL 140.50). This power is currently limited to "in or about the court
house to which he is assigned." Police status would expand on this
power allowing officers to better serve and protect members of the
judiciary and the public at large.

Court officers can execute bench warrants in New York City - Nassau,
Suffolk and Westchester Counties. Police status would expand this
authority to include all counties of New York State and to permit
execution of arrest warrants as well. (Ref CPL 530.70) Until the


Unified Court System expanded its jurisdiction statewide, Court
officer duties were performed by Deputy Sheriffs who had police
status (Ref CPL 1.20, 34) (B). These Deputy Sheriffs lost police
status when they became Court officers. This legislation would
restore these officers to their previous status as police officers.

After the attacks of September 11, 2001, Court Officers were charged
with providing physical security at the Office of Emergency
Management Command Post. Court Officers are currently assigned to
both the Joint Terrorist Task Force and the Office of Emergency
Management; these officers participate in the same assignments as
police officers but lack the same authority. Police status would
eliminate this deficiency. In the event of a terrorist attack,
natural disaster or other catastrophic events, court officers are
designated as first responders. Court officer special response team
units (SRT) are highly trained units ready to mobilize and respond to
emergency situations statewide.

Court officers routinely effect and process arrests, respond to
medical emergencies, conduct crowd control, respond to bomb threats,
respond to vehicular accidents, testify in court and, work with local
police agencies to effect inspection of crime scenes by judges and
juries.

PRIOR LEGISLATIVE HISTORY:

2009-10 - S.3709 - Referred to Codes
2007-08 - S.5565A - Passed Senate, Vetoed by Governor Memo 180

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:

Minimal costs for training

EFFECTIVE DATE:

Immediate.