senate Bill S4014

2013-2014 Legislative Session

Adds Triborough bridge and tunnel authority peace officers to those able to conduct temporary questioning of persons

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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
Mar 04, 2013 referred to codes

S4014 - Bill Details

See Assembly Version of this Bill:
A4715
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง140.50, CP L

S4014 - Bill Texts

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Adds Triborough bridge and tunnel authority peace officers to those able to conduct temporary questioning of persons.

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BILL NUMBER:S4014

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 avoid 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 - 3rd reading
2004- Senate codes
S.1191 2005/06 - Codes
2007-08 - Codes

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first of December 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
________________________________________________________________________

                                  4014

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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,
MAY STOP A PERSON IN OR ABOUT SUCH FACILITIES TO WHICH SUCH PEACE  OFFI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09397-01-3

S. 4014                             2

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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