Senate Bill S6565A

                                 BILL NUMBER:  S6565A

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation designating sheriffs, under-sheriffs and deputy sheriffs of
the city of New York as police officers

 PURPOSE :

 Relates to the definition of a police officer.

  SUMMARY OF PROVISIONS :

Section 1 amends paragraph (b) of subdivision 34 of section 1.20 of
the Criminal Procedure Law.

This law amends Criminal Procedure Law 120, section 34, subdivision
(b) of the consolidated laws of the State of New York to provide that
the Sheriff, Under-sheriffs, and Deputy Sheriffs of the City of New
York be considered police officers. The Sheriff, Under-sheriffs, and
Deputy Sheriffs of the City of New York perform a number of duties
with respect to enforcement of laws relating to criminal activity and
City taxes and deed fraud investigations in the same manner in which
police officers are presently authorized to perform. This amendment
will afford the Sheriff, Under-sheriffs, and Deputy Sheriffs of the
City of New York the same powers and immunities as police officers
with respect to executing an arrest warrant, procuring and serving a
              

summons, procuring and serving an appearance ticket, executing a bench
warrant, executing a material witness warrant, and applying for and
executing search warrants in connection with the enforcement of New
York City cigarette tax laws and State Tax Law provisions relating to
the tax on cigarettes and tobacco products.

It will also give the Sheriff, Under-sheriffs, and Deputy Sheriffs of
the City of New York the same powers and immunities that police
officers have with respect to executing a warrant for arrest for
appearance at a proceeding under the Family Court Act, and the
authority to take any lawful action necessary to locate a child or a
party to a proceeding at the request of a prosecutor or other public
official in a case relating to child custody or wrongful removal or
retention of a child, as do police officers, pursuant to the Domestic
Relations Law.

It will also give Sheriff, Under-sheriffs, and Deputy Sheriffs of the
City of New York the same powers and immunities as police officers
have with respect to enforcing any order, judgment or warrant obtained
by any City agency.

Section 2 amends subdivision 2 of section 2.10 of the criminal
procedure law, as amended by chapter 969 of the laws of 1983 by
deleting peace officer provisions for the sheriff, undersheriff and
deputy sheriffs of New York City.

Section 3 is the effective date.

 JUSTIFICATION :

Sections 650 and 901 of the County Law authorize the Sheriff to be an
officer of the court and conservator of the peace.  Under current
statutory law, the Sheriff, Under-sheriffs, and Deputy Sheriffs of the
City of New York are limited to the powers of peace officers, which do
not authorize these officers to perform certain law enforcement
actions such as serving warrants and making arrests, other than in
limited circumstances concerning Family Court matters and violation of
cigarette tax laws. As the Sheriff, Under-sheriffs, and Deputy
Sheriffs of the City of New York are trained and equipped to perform
such functions and have received New York State police officer
training, this local law will improve efficiency in enforcing criminal
laws and tax laws by authorizing the Sheriff, Under-sheriffs, and
Deputy Sheriffs of the City of New York to do so.  As the Family Court
of the City of New York increasingly utilizes the city sheriff to
enforce its process, this local law will clarify and enhance the
ability of the office of the sheriff to do so. This local law will
also enable the New York City Department of Finance, by means of the
office of the city sheriff, to effectively enforce court orders
relating to tax enforce ment and deed fraud investigations without the
need to burden the New York City Police Department or New York State
tax officers.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.