NY State Senate Bill 2017-S1770

Senate Bill S1770

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes returned to senate died in assembly
Feb 14, 2017	referred to codes delivered to assembly passed senate
Feb 13, 2017	advanced to third reading
Feb 07, 2017	2nd report cal.
Feb 06, 2017	1st report cal.161
Jan 10, 2017	referred to codes

Votes

- Feb 14, 2017 - Floor Vote
  S1770
  
  52
  
  Aye
  
  7
  
  Nay
  
  1
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 14, 2017
      
      aye (52)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bonacic
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (7)
      
      Bailey
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Parker
      
      Rivera
      
      Squadron
      
      absent (1)
      
      Perkins
      
      excused (3)
      
      Amedore
      
      Boyle
      
      Larkin
  Feb 6, 2017 - Codes Committee Vote
  S1770
  
  13
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Feb 6, 2017
      
      aye (13)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Perkins
      
      Savino
      
      Tedisco
      
      nay (2)
      
      Hoylman-Sigal
      
      Krueger
      
      aye wr (1)
      
      Squadron
      
      excused (1)
      
      Croci

2017-S1770 (ACTIVE) - Details

See Assembly Version of this Bill:: A4443
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §140.50, CP L
Versions Introduced in 2015-2016 Legislative Session:: S4699, A6971

2017-S1770 (ACTIVE) - Summary

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

2017-S1770 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1770

 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 afford better protection to citizens by enhancing the role of the
peace officers employed by the Triborough Bridge and Tunnel Authority
("TBTA") who work in or about facilities operated by the TBTA by
including the TBTA's peace officers in the provision of the Criminal
Procedure Law that permits certain peace officers to stop and frisk.

 SUMMARY OF PROVISIONS :

Section one of this bill amends Criminal Procedure Law section 140.50.
Subdivisions one and two of section 140.50 are amended to make them
gender neutral. Subdivision three is renumbered subdivision four and
is amended to make the subdivision gender neutral and to include new
subdivision three in the list of stops during which a TBTA peace
officer may search the stopped person for a deadly weapon or article
that is readily capable of causing serious physical injury and is not
ordinarily carried by law abiding citizens. Finally, a new subdivision

three is added to provide that when a TBTA peace officer reasonably
suspects that a person is committing a misdemeanor or felony on or
about TBTA facilities, such peace officer may stop such person and ask
such person for his or her name, address and an explanation of his or
her conduct.

Section two of this bill provides that this act shall take effect on
the first of December next succeeding the date on which it shall have
become a law.

 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 that 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 :

2016: S.4699 - Passed the Senate
2015: S.4699 - Referred to Codes
2011-12: S.646 - Referred to Codes
2009-10: S.2801 - Referred to Codes
2007-08: S.3725 - Referred to Codes
2005-06: S.3375 - Referred to Codes
2004: S.1191 - Referred to Codes
2003: S.1191 - 3rd Reading Calendar

 FISCAL IMPLICATIONS :

None to the State

 EFFECTIVE DATE :
This act shall take effect on the first of December next succeeding
the date on which it shall have become a law.

2017-S1770 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1770
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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:
 §  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.

                                                            LBD00463-01-7

 S. 1770                             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  PEACE OFFICER EMPLOYED BY THE TRIBOROUGH BRIDGE AND TUNNEL
 AUTHORITY 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.
   § 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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