Senate Bill S6338

                                BILL NUMBER:S6338

TITLE OF BILL:  An act to amend chapter 455 of the laws of 1997
amending the New York city civil court act and the civil practice law
and rules relating to authorizing New York city marshals to exercise
the same functions, powers and duties as sheriffs with respect to the
execution of money judgments, in relation to extending the
effectiveness of such chapter

PURPOSE:

Extends until 2019, provisions which confer on New York City Marshals
the same functions, powers and duties as Sheriffs with respect to the
execution of money judgments of the Supreme and Family Courts.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 3 of Chapter 455 of the Laws of 1997, as
amended by Chapter 71 of the Laws of 1999, Chapter 128 of the Laws of
2004 and. Chapter 103 of the Laws of 2009, to extend the effective
date until June 30, 2019.

JUSTIFICATION:

New York City Marshals are primarily responsible for executing
judgments rendered by the Civil Court of the City of New York, serving
              

summonses and executing other judgment orders. The City Marshals are
supervised by the New York City Department of Investigation and pay a
percentage of their gross income to the City.  They are required to
provide for their own operating expenses, including maintenance of
their office, clerical staff and transportation.

In 1997, 1999, 2004 and again in 2009, legislation was passed to allow
New York City Marshals to enforce money judgments rendered by the
Supreme and Family Courts in New York City. There remains a tremendous
need, especially with respect to child support judgments, for
increased enforcement of money judgments in the City. Utilizing the
services of New York City Marshals for such enforcement has allowed
the Marshals to lend their efforts to fulfilling this need.

This program has worked exceptionally well since 1997 and should be
continued.

LEGISLATIVE HISTORY:

2009 - S.2076 / A.4790 (Chapter 103 of the Laws of 2009)
2004 - S.5898 / A.9833 (Chapter 128 of the Laws of 2004)
1999 - S.3862 / A.6914 (Chapter 71 of the Laws of 1999)
1997 - S.1972-A / A.3007-A (Chapter 455 of the Laws of 1997)

FISCAL IMPLICATIONS:

None to State or City government. Marshals are reimbursed by fees
only.

EFFECTIVE DATE:


This act shall take effect immediately.