Assembly Bill A5256

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5256
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by M. of A. TAGUE, BLANKENBUSH, HAWLEY, E. BROWN, DeSTEFANO,
   MANKTELOW, LEMONDES, BEEPHAN -- read once and referred to the  Commit-
   tee on Judiciary
 
 AN  ACT  to  amend the uniform justice court act, the judiciary law, and
   the criminal procedure law, in relation to providing for the  presence
   of  either a uniformed court officer or law enforcement officer during
   court proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 109 of the uniform justice court act is amended by
 adding a new closing paragraph to read as follows:
   PROVIDED, HOWEVER, THAT THE CHIEF ADMINISTRATOR OF THE  COURTS  SHALL,
 UPON  REQUEST BY THE MUNICIPALITY, ENSURE THE ASSIGNMENT AND PRESENCE OF
 A UNIFORMED COURT OFFICER DURING COURT PROCEEDINGS. IF A UNIFORMED COURT
 OFFICER IS NOT AVAILABLE, THE CHIEF ADMINISTRATOR OF THE COURTS SHALL BE
 RESPONSIBLE FOR COORDINATING AND ENSURING THE PRESENCE OF A LAW ENFORCE-
 MENT OFFICIAL DURING  SUCH  COURT  PROCEEDINGS.  POLITICAL  SUBDIVISIONS
 WHICH  PROVIDE  SECURITY  SERVICES  FOR  THE COURTS SHALL BE ENTITLED TO
 REIMBURSEMENT FROM THE STATE. NO COSTS ASSOCIATED WITH FACILITATING  THE
 PRESENCE OF A LAW ENFORCEMENT OFFICER IN LIEU OF A UNIFORMED COURT OFFI-
 CER SHALL BE INCURRED BY THE MUNICIPALITY.
   §  2.  Section  216  of  the  judiciary law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL, UPON  REQUEST  BY  THE
 MUNICIPALITY,  ENSURE  THE  ASSIGNMENT AND PRESENCE OF A UNIFORMED COURT
 OFFICER DURING COURT PROCEEDINGS. IF A UNIFORMED COURT  OFFICER  IS  NOT
 AVAILABLE,  THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL BE RESPONSIBLE
 FOR COORDINATING AND ENSURING THE PRESENCE OF A LAW ENFORCEMENT OFFICIAL
 DURING SUCH COURT PROCEEDINGS.
   § 3. Subdivision 2 of section 849-h of the judiciary law, as added  by
 chapter 280 of the laws of 1999, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08450-01-5
              

 A. 5256                             2
 
   2.  Funds  available  pursuant  to  this  article  may be used for any
 purpose having as its end enhancement of the justice courts' ability  to
 provide  suitable  and  sufficient services to their respective communi-
 ties. These purposes may include, but shall not  be  limited  to,  COSTS
 ASSOCIATED  WITH  HIRING  NONJUDICIAL COURT SECURITY OR REIMBURSEMENT OF
 COSTS FOR UTILIZING LOCAL LAW ENFORCEMENT SERVICES; automation of  court
 operations;  improvement  or expansion of court facilities; provision of
 appropriate means for the recording of court proceedings;  provision  of
 lawbooks,  treatises and related materials; and provision of appropriate
 training for justices and for nonjudicial court  staff.  Except  as  may
 otherwise  be  provided by rule of the chief administrator, funds avail-
 able pursuant to this article shall not be used to  compensate  justices
 [and  nonjudicial  court  staff],  nor  shall they be used as a means of
 reducing funding provided by a town or village to its justice court.
   § 4. Subdivision 4 of section 849-i of the judiciary law,  as  amended
 by chapter 127 of the laws of 2007, is amended to read as follows:
   4. Notwithstanding any other provision of law, the chief administrator
 shall  not approve any application for funding in excess of [thirty] TWO
 HUNDRED AND FIFTY thousand dollars unless such application  is  a  joint
 application  and the aggregate funding sought thereunder does not exceed
 an amount equaling the product of the number of joint applicants  making
 such application and [thirty] TWO HUNDRED AND FIFTY thousand dollars.
   §  5. Subdivision 1 of section 219-b of the judiciary law, as added by
 chapter 548 of the laws of 2006, is amended to read as follows:
   1. There shall be established a New York state court  officer  academy
 (hereinafter referred to in this section as the "academy"). This academy
 shall  serve  as a center for the provision of education and training to
 New York state court officers and other non-judicial  employees  of  the
 New  York  state courts. FOR THE PURPOSE OF THIS SECTION, NEW YORK STATE
 COURT OFFICERS SHALL INCLUDE COURT OFFICERS ASSIGNED TO OR EMPLOYED BY A
 UNIFIED JUSTICE COURT.
   § 6. Paragraph a of subdivision 21 of section  2.10  of  the  criminal
 procedure  law,  as added by chapter 843 of the laws of 1980, is amended
 to read as follows:
   a. Uniformed court officers [of the unified court  system],  WHO  HAVE
 RECEIVED  AND  COMPLETED  TRAINING  AT  THE NEW YORK STATE COURT OFFICER
 ACADEMY.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.