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This entry was published on 2023-05-12
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SECTION 223
Duties and powers of the superintendent of state police and of members of the state police
Executive (EXC) CHAPTER 18, ARTICLE 11
* § 223. Duties and powers of the superintendent of state police and
of members of the state police. 1. It shall be the duty of the
superintendent of the state police and of members of the state police to
prevent and detect crime and apprehend criminals. They shall also be
subject to the call of the governor and are empowered to co-operate with
any other department of the state or with local authorities. They shall
also collect and analyze information relating to prevention and
detection of terrorist threats and terrorist activities throughout the
state and share all such information subject to paragraph (g) of
subdivision two of section seven hundred nine of this chapter among the
division of homeland security and emergency services, and local, state,
and federal law enforcement agencies to ensure the coordination of
appropriate intelligence to assist in the early identification of and
response to potential terrorist threats and terrorist activities. They
shall have power to arrest, without a warrant, any person committing or
attempting to commit within their presence or view a breach of the peace
or other violation of law, to serve and execute warrants of arrest or
search issued by proper authority and to exercise all other powers of
police officers of the state of New York. Any such warrants issued by
any magistrate of the state may be executed by them in any part of the
state according to the tenor thereof without indorsement. But they shall
not exercise their powers within the limits of any city to suppress
rioting and disorder except by direction of the governor or upon the
request of the mayor of the city with the approval of the governor. Any
member of the rank of sergeant or above may take pre-arraignment bail
from any defendant in the amounts and under the circumstances and
conditions that police may take bail.

2. The superintendent may, by written order, designate a police
officer, as defined in paragraph (b), (c) or (d) of subdivision
thirty-four of section 1.20 of the criminal procedure law, to assist
members of the state police in order to more effectively address the
detection of crime and apprehension of criminals within the state and
its localities. Police officers so designated, while actively working
in conjunction with members of the state police either directly or as
part of a specific task force, shall be paid by and remain employees of
their particular county, city, town or village, but shall for purposes
of the criminal procedure law, have their geographic area of employment
deemed to be New York state.

* NB Effective until September 1, 2025

* § 223. Duties and powers of the superintendent of state police and
of members of the state police. It shall be the duty of the
superintendent of the state police and of members of the state police to
prevent and detect crime and apprehend criminals. They shall also be
subject to the call of the governor and are empowered to co-operate with
any other department of the state or with local authorities. They shall
also collect and analyze information relating to prevention and
detection of terrorist threats and terrorist activities throughout the
state and share all such information subject to paragraph (g) of
subdivision two of section seven hundred nine of this chapter among the
division of homeland security and emergency services and local, state,
and federal law enforcement agencies to ensure the coordination of
appropriate intelligence to assist in the early identification of and
response to potential terrorist threats and terrorist activities. They
shall have power to arrest, without a warrant, any person committing or
attempting to commit within their presence or view a breach of the peace
or other violation of law, to serve and execute warrants of arrest or
search issued by proper authority and to exercise all other powers of
police officers of the state of New York. Any such warrants issued by
any magistrate of the state may be executed by them in any part of the
state according to the tenor thereof without indorsement. But they shall
not exercise their powers within the limits of any city to suppress
rioting and disorder except by direction of the governor or upon the
request of the mayor of the city with the approval of the governor. Any
member of the rank of sergeant or above may take pre-arraignment bail
from any defendant in the amounts and under the circumstances and
conditions that police may take bail.

* NB Effective September 1, 2025