BILL NUMBER: S5755            REVISED MEMO 01/24/2018

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to authorizing uniformed court officers and court clerks desig-
nated as peace officers to execute arrest warrants

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would allow court officers and court clerks to execute arrest
warrants so they wouldn't have to wait for a police officer.

 
SUMMARY OF PROVISIONS:

This bill amends that uniformed court officers and court clerks shall
have the power to execute warrants of arrest.

 
JUSTIFICATION:

For many years Court Officers have been notified of litigants having
              

outstanding Warrants of Arrest, with no lawful ability to execute such
warrants. CPL article 120.10 states that only Police Officers can
execute these warrants. NYS Court Officers are NYS Peace Officers as per
CPL 2.10 21A. They have powers of arrest and the ability to execute
Bench Warrants but no power to execute Arrest Warrants. In the past this
was not a problem. Arrest warrants were handled by Detectives searching
for an indicted criminal. In the past few years it is very common for
someone who violates an order of protection to come to court with an
outstanding warrant that was investigated by a Detective and signed by a
Judge. Many times, we have been advised by a victim that the respondent
is wanted by the police. Legally, we have to notify 911 and await a
police response. Concerns of many are that the subject will leave the
courthouse and harm the victim at a later time. This gives the courts
the flexibility to use their discretion on arrests.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.5755 - Referred to Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

See the bill.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.