Senate Bill S2377B

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

                                  2377

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN -- 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  authorizing
  peace  officers  designated  by  the  superintendent  of  insurance to
  execute arrest warrants and search warrants

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

  Section 1. Section 120.10 of the criminal procedure law, as amended by
chapter 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 PEACE OFFICER DESIGNATED BY  THE  SUPER-
INTENDENT OF INSURANCE to arrest a defendant designated in an accusatory
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 OR PEACE OFFICERS DESIGNATED BY THE SUPER-
INTENDENT OF INSURANCE 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, AS WELL  AS  TO  PEACE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05752-01-1
              

S. 2377                             2

OFFICERS  DESIGNATED BY THE SUPERINTENDENT OF INSURANCE. Multiple copies
of such a warrant may be issued.
  S 2. 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 AND PEACE OFFICERS
           DESIGNATED BY THE SUPERINTENDENT OF INSURANCE addressed.
  A warrant of arrest may be addressed to any police officer or  classi-
fication  of  police  officers  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
TO PEACE OFFICERS DESIGNATED BY THE SUPERINTENDENT OF INSURANCE.
  S 3. 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 PEACE OFFICER DESIGNATED BY
THE SUPERINTENDENT OF INSURANCE, AS DEFINED IN  SUBDIVISION  FORTY-SEVEN
OF SECTION 2.10 OF THIS CHAPTER, TO BE EXECUTED PURSUANT TO ITS TERMS.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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

                                 2377--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the criminal procedure law, in relation  to  authorizing
  peace  officers  designated to investigate insurance frauds to execute
  arrest warrants and search warrants and repealing  certain  provisions
  of such law relating thereto

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

  Section 1.  Subdivision 1 of section 2.20 of  the  criminal  procedure
law is amended by adding a new paragraph (k) to read as follows:
  (K) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, EMPLOYEES OF
THE INSURANCE FRAUDS BUREAU OF THE DEPARTMENT OF INSURANCE DESIGNATED AS
PEACE  OFFICERS  BY THE SUPERINTENDENT OF INSURANCE SHALL HAVE THE POWER
TO (I) APPLY FOR AND EXECUTE WARRANTS OF ARREST AS SET FORTH IN  ARTICLE
ONE  HUNDRED  TWENTY  OF  THIS  CHAPTER,  AND (II) APPLY FOR AND EXECUTE
SEARCH WARRANTS IN ACCORDANCE WITH ARTICLE SIX HUNDRED  NINETY  OF  THIS
CHAPTER, WHENEVER ACTING PURSUANT TO THEIR SPECIAL DUTIES.
  S  2.  Paragraph  (k) of subdivision 1 of section 2.20 of the criminal
procedure law, as added by section one of this act, is  REPEALED  and  a
new paragraph (k) is added to read as follows:
  (K) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, EMPLOYEES OF
THE DEPARTMENT OF FINANCIAL SERVICES DESIGNATED AS PEACE OFFICERS BY THE
SUPERINTENDENT  OF  FINANCIAL SERVICES SHALL HAVE THE POWER TO (I) APPLY
FOR AND EXECUTE WARRANTS OF ARREST AS SET FORTH IN ARTICLE  ONE  HUNDRED
TWENTY  OF  THIS CHAPTER, AND (II) APPLY FOR AND EXECUTE SEARCH WARRANTS
IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THIS CHAPTER,  WHENEVER
ACTING PURSUANT TO THEIR SPECIAL DUTIES.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided however that section two of this  act  shall
take effect on the same date and in the same manner as section 1 of part
A of chapter 62 of the laws of 2011, takes effect.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD05752-02-1