senate Bill S6339

2013-2014 Legislative Session

Makes permanent the provisions of chapter 455 of the laws of 1997 conferring certain powers to the New York city marshals

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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 15, 2014 referred to judiciary

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S6339 - Bill Details

See Assembly Version of this Bill:
A8432
Current Committee:
Law Section:
New York City
Laws Affected:
Amd ยง3, Chap 455 of 1997

S6339 - Bill Texts

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Makes permanent the provisions conferring certain powers to New York city marshals.

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BILL NUMBER:S6339

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 the effectiveness of such
chapter

PURPOSE:

To make permanent 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 eliminate its expiration
and make the provisions permanent.

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
made permanent.

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 rake effect immediately.

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

    S. 6339                                                  A. 8432

                      S E N A T E - A S S E M B L Y

                            January 15, 2014
                               ___________

IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN ASSEMBLY -- Introduced by  M.  of  A.  WEINSTEIN  --  read  once  and
  referred to the Committee on Judiciary

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 the effectiveness of such chapter

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

  Section 1. Section 3 of 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, as amended by chapter 103 of the laws  of  2009,  is
amended to read as follows:
  S  3. This act shall take effect immediately [and shall remain in full
force and effect only until June 30, 2014 when upon such date  this  act
shall be deemed repealed].
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13497-01-4

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