NY State Senate Bill 2025-S5417

Senate Bill S5417

2025-2026 Legislative Session

Relates to authorizing uniformed court officers and court clerks designated as peace officers to execute arrest warrants

download bill text pdf

Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 21, 2025	referred to codes

2025-S5417 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §2.20, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5755
2019-2020: S814
2021-2022: S4588
2023-2024: S4112

2025-S5417 (ACTIVE) - Summary

Relates to authorizing uniformed court officers and court clerks designated as peace officers to execute arrest warrants.

2025-S5417 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5417

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to authorizing
uniformed court officers and court clerks designated 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:

2024: S.4112 - Referred to Codes

2023: S.4112 - Referred to Codes

2022: S.4588 - Referred to Codes/A.6464 - Referred to Codes

2021: S.4588 - Referred to Codes/A.6464 Referred to Codes

2020: S.814 - Referred to Codes

2019: S.814 - Referred to Codes

2018: S.5755 - Referred to Codes/A.6536 - Referred to Codes

2017: S.5755 - Referred to Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

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

2025-S5417 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5417
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  authorizing
   uniformed court officers and court clerks designated as peace officers
   to execute arrest warrants

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2.20 of the criminal procedure law
 is amended by adding a new paragraph (k) to read as follows:
   (K) NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  UNIFORMED
 COURT OFFICERS AND COURT CLERKS SHALL HAVE THE POWER TO EXECUTE WARRANTS
 OF  ARREST  AS  SET  FORTH IN ARTICLE ONE HUNDRED TWENTY OF THIS CHAPTER
 WHENEVER ACTING PURSUANT TO THEIR SPECIAL DUTIES.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09505-01-5

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