S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6586
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 10, 2013
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Codes
       AN  ACT to amend the criminal procedure law, the domestic relations law,
         the New York city criminal court act and  the  family  court  act,  in
         relation to deputy sheriffs in the city of New York
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivisions 28, 29 and 30 of section 1.20 of the criminal
    2  procedure law, subdivision 30 as amended by chapter 265 of the  laws  of
    3  1976, are amended to read as follows:
    4    28.  "Warrant  of  arrest"  means a process of a local criminal court,
    5  more fully defined in section 120.10, directing a police  officer  OR  A
    6  SHERIFF,  UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF THE CITY OF NEW YORK to
    7  arrest a defendant and to bring him before such court for the purpose of
    8  arraignment upon an accusatory instrument filed  therewith  by  which  a
    9  criminal action against him has been commenced.
   10    29.  "Superior  court warrant of arrest" means a process of a superior
   11  court directing a police officer OR A SHERIFF, UNDERSHERIFF,  OR  DEPUTY
   12  SHERIFF  OF  THE CITY OF NEW YORK to arrest a defendant and to bring him
   13  before such court for the purpose  of  arraignment  upon  an  indictment
   14  filed  therewith  by  which  a  criminal  action  against  him  has been
   15  commenced.
   16    30. "Bench warrant" means a process of a criminal  court  in  which  a
   17  criminal  action  is  pending, directing a police officer, OR A SHERIFF,
   18  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK or  a  uniformed
   19  court  officer,  pursuant to paragraph (b) of subdivision two of section
   20  530.70 of this chapter, to take into custody a defendant in such  action
   21  who  has  previously  been  arraigned  upon the accusatory instrument by
   22  which the action was commenced, and to bring him before such court.  The
   23  function  of  a  bench  warrant  is to achieve the court appearance of a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08916-01-3
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    1  defendant in a pending criminal action for some purpose other  than  his
    2  initial arraignment in the action.
    3    S 2. Section 120.10 of the criminal procedure law, as amended by chap-
    4  ter 424 of the laws of 1998, is amended to read as follows:
    5  S 120.10 Warrant of arrest; definition, function, form and content.
    6    1.  A  warrant of arrest is a process issued by a local criminal court
    7  directing a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
    8  OF THE CITY OF NEW YORK to arrest a defendant designated in an accusato-
    9  ry instrument filed with such court and to bring him before  such  court
   10  in  connection  with  such instrument. The sole function of a warrant of
   11  arrest is to achieve a defendant's court appearance in a criminal action
   12  for the purpose of arraignment upon the accusatory instrument  by  which
   13  such action was commenced.
   14    2.  A  warrant  of  arrest must be subscribed by the issuing judge and
   15  must state or contain (a) the name of the issuing  court,  and  (b)  the
   16  date of issuance of the warrant, and (c) the name or title of an offense
   17  charged in the underlying accusatory instrument, and (d) the name of the
   18  defendant to be arrested or, if such be unknown, any name or description
   19  by  which  he  can  be identified with reasonable certainty, and (e) the
   20  police officer or officers to whom the warrant is addressed, and  (f)  a
   21  direction  that  such  officer arrest the defendant and bring him before
   22  the issuing court.
   23    3. A warrant of arrest may be addressed to a classification of  police
   24  officers,  or  to  two  or more classifications thereof, as well as to a
   25  designated individual police officer or officers OR TO A SHERIFF, UNDER-
   26  SHERIFF OR DEPUTY SHERIFF OF THE CITY OF NEW YORK AS WELL AS TO A DESIG-
   27  NATED INDIVIDUAL SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY  OF
   28  NEW YORK.  Multiple copies of such a warrant may be issued.
   29    S 3. Section 120.50 of the criminal procedure law, as amended by chap-
   30  ter 424 of the laws of 1998, is amended to read as follows:
   31  S  120.50   Warrant of arrest; to what police officers OR PEACE OFFICERS
   32            addressed.
   33    A warrant of arrest may be addressed to any police officer or  classi-
   34  fication  of  police  officers  OR  TO A SHERIFF, UNDERSHERIFF OR DEPUTY
   35  SHERIFF OF THE CITY OF NEW YORK whose geographical  area  of  employment
   36  embraces  either  the  place  where  the  offense  charged was allegedly
   37  committed or the locality of the court by which the warrant is issued.
   38    S 4. Section 120.60 of the criminal procedure law, as amended by chap-
   39  ter 424 of the laws of 1998, is amended to read as follows:
   40  S 120.60  Warrant of arrest; what police officers OR PEACE OFFICERS  may
   41            execute.
   42    1.  A warrant of arrest may be executed by (a) any police officer OR A
   43  SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK to whom
   44  it  is  addressed,  or (b) any other police officer OR A SHERIFF, UNDER-
   45  SHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK delegated to  execute
   46  it under circumstances prescribed in subdivisions two and three.
   47    2.   A police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF
   48  THE CITY OF NEW YORK to whom a warrant of arrest is addressed may  dele-
   49  gate  another officer OR A SHERIFF, UNDERSHERIFF, OR A DEPUTY SHERIFF OF
   50  THE CITY OF NEW YORK to whom it is not addressed to execute such warrant
   51  as his agent when:
   52    (a)  He has reasonable cause to believe that the  defendant  is  in  a
   53  particular county other than the one in which the warrant is returnable;
   54  and
   55    (b)    The  warrant is, pursuant to section 120.70, executable in such
   56  other county without endorsement by a local criminal court thereof; and
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    1    (c)  The geographical area of employment of the delegated police offi-
    2  cer OR THE SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFFS OF THE CITY OF NEW
    3  YORK embraces the locality where the arrest is to be made.
    4    3.  Under circumstances specified in subdivision two, the police offi-
    5  cer  OR  A  SHERIFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
    6  YORK to whom the warrant is addressed may inform the delegated  officer,
    7  by  telecommunication,  mail  or any other means, of the issuance of the
    8  warrant, of the offense charged in the underlying accusatory  instrument
    9  and  of  all  other pertinent details, and may request him to act as his
   10  agent in arresting the defendant pursuant to  such  warrant.  Upon  such
   11  request,  the  delegated  police  officer OR A SHERIFF, UNDERSHERIFF, OR
   12  DEPUTY SHERIFF OF THE CITY OF NEW YORK is to  the  same  extent  as  the
   13  delegating  officer,  authorized  to  make  such  arrest pursuant to the
   14  warrant within the geographical area of such delegated  officer's  OR  A
   15  SHERIFF,  UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF  THE CITY OF NEW YORK'S
   16  employment.   Upon so  arresting  the  defendant,  he  must  proceed  as
   17  provided in subdivisions two and four of section 120.90.
   18    S  5.  Subdivisions  2,  3,  4 and 5 of section 120.80 of the criminal
   19  procedure law, subdivisions 2 and 3 and the opening paragraph of  subdi-
   20  vision 4 as amended by chapter 424 of the laws of 1998, subdivision 4 as
   21  amended  by chapter 504 of the laws of 1991 and subdivision 5 as amended
   22  by chapter 843 of the laws of 1980, are amended to read as follows:
   23    2.  Unless encountering physical resistance, flight or  other  factors
   24  rendering  normal procedure impractical, the arresting police officer OR
   25  A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK  must
   26  inform  the  defendant  that  a  warrant  for his arrest for the offense
   27  designated therein has been issued.  Upon request of the defendant,  the
   28  officer  OR  A  SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFF OF THE CITY OF
   29  NEW YORK must show him the warrant if he has it in his  possession.  The
   30  officer need not have the warrant in his possession, and, if he has not,
   31  he  must  show it to the defendant upon request as soon after the arrest
   32  as possible.
   33    3.  In order to effect the arrest, the police officer  OR  A  SHERIFF,
   34  UNDERSHERIFF,  AND  DEPUTY  SHERIFF OF THE CITY OF NEW YORK may use such
   35  physical force as is justifiable pursuant to section 35.30 of the  penal
   36  law.
   37    4.  In  order  to  effect the arrest, the police officer OR A SHERIFF,
   38  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE  CITY  OF  NEW  YORK  may,  under
   39  circumstances  and  in  the manner prescribed in this subdivision, enter
   40  any premises in which he reasonably believes the defendant to  be  pres-
   41  ent;  provided,  however,  that  where the premises in which the officer
   42  reasonably believes the defendant to be present is  the  dwelling  of  a
   43  third party who is not the subject of the arrest warrant, the officer OR
   44  A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall
   45  proceed  in the manner specified in article 690 of this chapter.  Before
   46  such entry, he must give, or make reasonable effort to give,  notice  of
   47  his  authority  and  purpose  to  an  occupant  thereof, unless there is
   48  reasonable cause to believe that the giving of such notice will:
   49    (a) Result in the defendant escaping or attempting to escape; or
   50    (b) Endanger the life or safety of the officer OR  A  SHERIFF,  UNDER-
   51  SHERIFF,  AND  DEPUTY SHERIFF OF THE CITY OF NEW YORK or another person;
   52  or
   53    (c) Result in the  destruction,  damaging  or  secretion  of  material
   54  evidence.
   55    5.   If the officer [is] OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
   56  OF THE CITY OF NEW YORK ARE authorized to enter premises without  giving
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    1  notice  of  his authority and purpose, or if after giving such notice he
    2  is not admitted, he may enter such premises, and by a breaking if neces-
    3  sary.
    4    S 6. Section 120.90 of the criminal procedure law, as amended by chap-
    5  ter  424  of the laws of 1998, subdivision 8 as amended by chapter 96 of
    6  the laws of 2010, is amended to read as follows:
    7  S 120.90  Warrant of arrest; procedure after arrest.
    8    1.  Upon arresting a defendant for any offense pursuant to  a  warrant
    9  of  arrest  in  the  county in which the warrant is returnable or in any
   10  adjoining county, or upon so arresting him for a  felony  in  any  other
   11  county, a police officer, OR A SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFF
   12  OF  THE  CITY OF NEW YORK if he be one to whom the warrant is addressed,
   13  must without unnecessary delay bring  the  defendant  before  the  local
   14  criminal court in which such warrant is returnable.
   15    2.    Upon arresting a defendant for any offense pursuant to a warrant
   16  of arrest in a county adjoining the  county  in  which  the  warrant  is
   17  returnable, or upon so arresting him for a felony in any other county, a
   18  police  officer,  if he be one delegated to execute the warrant pursuant
   19  to section 120.60, must without unnecessary delay deliver the  defendant
   20  or cause him to be delivered to the custody of the officer OR A SHERIFF,
   21  UNDERSHERIFF,  OR  DEPUTY SHERIFF OF THE CITY OF NEW YORK by whom he was
   22  so delegated, and the latter must then proceed as provided  in  subdivi-
   23  sion one.
   24    3.    Upon  arresting  a  defendant for an offense other than a felony
   25  pursuant to a warrant of arrest in a county other than the one in  which
   26  the  warrant  is  returnable or one adjoining it, a police officer, OR A
   27  SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK  if  he
   28  be  one to whom the warrant is addressed, must inform the defendant that
   29  he has a right to appear before a local criminal court of the county  of
   30  arrest  for  the  purpose  of  being released on his own recognizance or
   31  having bail fixed.  If the defendant does not desire to avail himself of
   32  such right, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF
   33  THE CITY OF NEW YORK must request him to  endorse  such  fact  upon  the
   34  warrant,  and upon such endorsement the officer OR A SHERIFF, UNDERSHER-
   35  IFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must without  unnecessary
   36  delay bring him before the court in which the warrant is returnable.  If
   37  the  defendant  does  desire  to  avail  himself of such right, or if he
   38  refuses to make the aforementioned endorsement, the officer OR  A  SHER-
   39  IFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must with-
   40  out unnecessary delay bring him before a local  criminal  court  of  the
   41  county  of  arrest.    Such  court must release the defendant on his own
   42  recognizance or fix bail for his appearance on a specified date  in  the
   43  court  in  which  the  warrant  is  returnable.   If the defendant is in
   44  default of bail, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
   45  IFF OF THE CITY OF NEW YORK must without  unnecessary  delay  bring  him
   46  before the court in which the warrant is returnable.
   47    4.    Upon  arresting  a  defendant for an offense other than a felony
   48  pursuant to a warrant of arrest in a county other than the one in  which
   49  the  warrant  is  returnable or one adjoining it, a police officer, OR A
   50  SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK  if  he
   51  be  one delegated to execute the warrant pursuant to section 120.60, may
   52  hold the defendant in custody in the county of arrest for a  period  not
   53  exceeding  two hours for the purpose of delivering him to the custody of
   54  the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF
   55  NEW YORK by whom he was delegated to execute such warrant. If the deleg-
   56  ating officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE  CITY
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    1  OF  NEW  YORK  receives  custody of the defendant during such period, he
    2  must proceed as provided in subdivision three. Otherwise, the  delegated
    3  officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
    4  YORK  must  inform  the defendant that he has a right to appear before a
    5  local criminal court for the purpose of being released on his own recog-
    6  nizance or having bail fixed.  If the defendant does not desire to avail
    7  himself of such right, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY
    8  SHERIFF OF THE CITY OF NEW YORK must  request  him  to  make,  sign  and
    9  deliver  to  him  a written statement of such fact, and if the defendant
   10  does so, the officer OR A SHERIFF, UNDERSHERIFF, OR  DEPUTY  SHERIFF  OF
   11  THE  CITY OF NEW YORK must retain custody of him but must without unnec-
   12  essary delay deliver him or cause him to be delivered to the custody  of
   13  the  delegating  police  officer  OR  A SHERIFF, UNDERSHERIFF, OR DEPUTY
   14  SHERIFF OF THE CITY OF NEW YORK.  If the defendant does desire to  avail
   15  himself  of  such right, or if he refuses to make and deliver the afore-
   16  mentioned statement, the delegated or arresting officer  OR  A  SHERIFF,
   17  UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF THE CITY OF NEW YORK must without
   18  unnecessary delay bring him before a local criminal court of the  county
   19  of arrest and must submit to such court a written statement reciting the
   20  material  facts  concerning  the  issuance  of  the warrant, the offense
   21  involved, and all other essential matters relating thereto.    Upon  the
   22  submission  of  such statement, such court must release the defendant on
   23  his own recognizance or fix bail for his appearance on a specified  date
   24  in the court in which the warrant is returnable.  If the defendant is in
   25  default of bail, the officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
   26  IFF  OF THE CITY OF NEW YORK must retain custody of him but must without
   27  unnecessary delay deliver him or cause him to be delivered to the custo-
   28  dy of the delegating officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
   29  IFF OF THE CITY OF NEW YORK.  Upon receiving such  custody,  the  latter
   30  must  without  unnecessary delay bring the defendant before the court in
   31  which the warrant is returnable.
   32    5. Whenever a police officer OR A  SHERIFF,  UNDERSHERIFF,  OR  DEPUTY
   33  SHERIFF  OF THE CITY OF NEW YORK is required pursuant to this section to
   34  bring an arrested defendant before a town court in which  a  warrant  of
   35  arrest  is  returnable,  and  if such town court is not available at the
   36  time, such officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF  THE
   37  CITY OF NEW YORK must, if a copy of the underlying accusatory instrument
   38  has  been  attached  to  the warrant pursuant to section 120.40, instead
   39  bring such defendant before any village court embraced, in whole  or  in
   40  part,  by such town, or any local criminal court of an adjoining town or
   41  city of the same county or any village court embraced, in  whole  or  in
   42  part,  by  such  adjoining  town. When the court in which the warrant is
   43  returnable is a village court which is not available at  the  time,  the
   44  officer  must  in such circumstances bring the defendant before the town
   45  court of the town embracing such village  or  any  other  village  court
   46  within  such  town or, if such town court or village court is not avail-
   47  able either, before the local criminal court of any town or city of  the
   48  same county which adjoins such embracing town or, before the local crim-
   49  inal court of any village embraced in whole or in part by such adjoining
   50  town.  When the court in which the warrant is returnable is a city court
   51  which is not available at the time, the officer  must  in  such  circum-
   52  stances  bring  the  defendant  before  the  local criminal court of any
   53  adjoining town or village embraced in whole or in part by such adjoining
   54  town of the same county.
   55    6.  Before bringing a defendant arrested pursuant to a warrant  before
   56  the  local  criminal court in which such warrant is returnable, a police
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    1  officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
    2  YORK must without unnecessary delay perform all fingerprinting and other
    3  preliminary police duties required in the particular case.  In any  case
    4  in  which the defendant is not brought by a police officer OR A SHERIFF,
    5  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY  OF  NEW  YORK  before  such
    6  court  but, following his arrest in another county for an offense speci-
    7  fied in subdivision one of section 160.10, is released by a local crimi-
    8  nal court of such other county on his own recognizance or  on  bail  for
    9  his  appearance  on  a  specified  date  before the local criminal court
   10  before which the warrant is returnable,  the  latter  court  must,  upon
   11  arraignment  of the defendant before it, direct that he be fingerprinted
   12  by the appropriate officer or agency, and that he appear at an appropri-
   13  ate designated time and place for such purpose.
   14    7.  Upon arresting a juvenile offender, the police officer OR A  SHER-
   15  IFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall imme-
   16  diately  notify  the  parent or other person legally responsible for his
   17  care or the person with whom he is domiciled, that the juvenile offender
   18  has been arrested, and the location of the facility where  he  is  being
   19  detained.
   20    8. Upon arresting a defendant, other than a juvenile offender, for any
   21  offense  pursuant to a warrant of arrest, a police officer OR A SHERIFF,
   22  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK shall, upon  the
   23  defendant's  request,  permit  the defendant to communicate by telephone
   24  provided by the law enforcement facility where the defendant is held  to
   25  a phone number located anywhere in the United States or Puerto Rico, for
   26  the  purposes  of  obtaining  counsel and informing a relative or friend
   27  that he or she has been arrested, unless granting the call will  compro-
   28  mise an ongoing investigation or the prosecution of the defendant.
   29    S  7. Subdivision 1 of section 130.40 of the criminal procedure law is
   30  amended to read as follows:
   31    1.  A summons may be served by a police officer OR A  SHERIFF,  UNDER-
   32  SHERIFF,  OR DEPUTY SHERIFF OF THE CITY OF NEW YORK, or by a complainant
   33  at least eighteen years old or by any other  person  at  least  eighteen
   34  years old designated by the court.
   35    S 8. Subdivision 3 of section 140.50 of the criminal procedure law, as
   36  amended  by chapter 911 of the laws of 1972, is amended and a new subdi-
   37  vision 2-a is added to read as follows:
   38    2-A. ANY PERSON WHO IS A SHERIFF, UNDERSHERIFF, OR DEPUTY  SHERIFF  OF
   39  THE  CITY OF NEW YORK AND WHO IS ENGAGED IN THE COURSE OF PERFORMING HIS
   40  SPECIAL DUTIES MAY STOP A PERSON WITHIN THE CITY OF  NEW  YORK  WHEN  HE
   41  REASONABLY SUSPECTS THAT SUCH PERSON IS COMMITTING, HAS COMMITTED, OR IS
   42  ABOUT  TO COMMIT EITHER (A) A FELONY OR (B) A MISDEMEANOR DEFINED IN THE
   43  PENAL LAW, AND MAY DEMAND OF HIM HIS NAME, ADDRESS AND AN EXPLANATION OF
   44  HIS CONDUCT.
   45    3.   When upon stopping a person  under  circumstances  prescribed  in
   46  [subdivisions]  SUBDIVISION  one  [and],  two  OR TWO-A a police officer
   47  [or], court officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE
   48  CITY OF NEW YORK, as the case may be, reasonably suspects that he is  in
   49  danger of physical injury, he may search such person for a deadly weapon
   50  or any instrument, article or substance readily capable of causing seri-
   51  ous physical injury and of a sort not ordinarily carried in public plac-
   52  es  by  law-abiding persons. If he finds such a weapon or instrument, or
   53  any other property  possession  of  which  he  reasonably  believes  may
   54  constitute  the  commission of a crime, he may take it and keep it until
   55  the completion of the questioning, at which time he shall either  return
   56  it, if lawfully possessed, or arrest such person.
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    1    S 9. Subdivision 1 of section 150.10 of the criminal procedure law, as
    2  amended  by  chapter  67  of  the  laws  of  1996, is amended to read as
    3  follows:
    4    1. An appearance ticket is a written notice issued and subscribed by a
    5  police  officer OR A SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY
    6  OF NEW YORK or other public servant authorized by state law or local law
    7  enacted pursuant to the provisions of the municipal  home  rule  law  to
    8  issue  the same, directing a designated person to appear in a designated
    9  local criminal court at a designated future time in connection with  his
   10  alleged commission of a designated offense.  A notice conforming to such
   11  definition  constitutes an appearance ticket regardless of whether it is
   12  referred to in some other provision of law as a summons or by any  other
   13  name or title.
   14    S  10.  Subdivision 2 of section 530.70 of the criminal procedure law,
   15  as amended by chapter 10 of the laws of 2010,  is  amended  to  read  as
   16  follows:
   17    2.  A  bench warrant may be addressed to: (a) any police officer whose
   18  geographical area of employment embraces  either  the  place  where  the
   19  offense  charged was allegedly committed or the locality of the court by
   20  which the warrant is issued; or (b) any uniformed court  officer  for  a
   21  court  in  the  city  of  New  York, the county of Nassau, the county of
   22  Suffolk or the county of Westchester or for any other court that is part
   23  of the unified court system of the state for execution in  the  building
   24  wherein  such  court  officer  is  employed or in the immediate vicinity
   25  thereof; OR (C) A SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY OF
   26  NEW YORK WHERE THE OFFENSE CHARGED WAS ALLEGEDLY  COMMITTED  WITHIN  THE
   27  CITY  OF  NEW YORK.  A bench warrant must be executed in the same manner
   28  as a warrant of arrest, as provided in section 120.80, and following the
   29  arrest, such executing police officer or court  officer  OR  A  SHERIFF,
   30  UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF THE CITY OF NEW YORK must without
   31  unnecessary delay bring the defendant before the court in  which  it  is
   32  returnable;  provided,  however, if the court in which the bench warrant
   33  is returnable is a city, town or village court, and such  court  is  not
   34  available,  and  the bench warrant is addressed to a police officer OR A
   35  SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW  YORK,  such
   36  executing  [police]  officer  must  without  unnecessary delay bring the
   37  defendant before an alternate  local  criminal  court,  as  provided  in
   38  subdivision  five  of section 120.90; or if the court in which the bench
   39  warrant is returnable is a superior court, and such court is not  avail-
   40  able,  and the bench warrant is addressed to a police officer OR A SHER-
   41  IFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF  THE  CITY  OF  NEW  YORK,  such
   42  executing  [police] officer may bring the defendant to the local correc-
   43  tional facility of the county in which such court sits, to  be  detained
   44  there  until not later than the commencement of the next session of such
   45  court occurring on the next business day.
   46    S 11. Section 570.34 of the criminal procedure law is amended to  read
   47  as follows:
   48  S 570.34  Arrest of accused without warrant therefor.
   49    The  arrest of a person in this state may be lawfully made also by any
   50  police officer, OR A SHERIFF, UNDERSHERIFF, OR  DEPUTY  SHERIFF  OF  THE
   51  CITY OF NEW YORK or a private person, without a warrant, upon reasonable
   52  information  that  the  accused  stands charged in the courts of another
   53  state with a crime punishable  by  death  or  imprisonment  for  a  term
   54  exceeding  one  year;  but  when  so  arrested the accused must be taken
   55  before a local criminal court with all practicable speed  and  complaint
   56  must  be  made  against  him under oath setting forth the ground for the
       A. 6586                             8
    1  arrest as in the preceding section; and, thereafter, his  answers  shall
    2  be heard as if he had been arrested on a warrant.
    3    S 12. Paragraph (b) of subdivision 2 of section 620.30 of the criminal
    4  procedure law is amended to read as follows:
    5    (b)  If  in  addition to the allegations specified in subdivision one,
    6  the application contains further allegations demonstrating to the satis-
    7  faction of the court reasonable cause to believe that  (i)  the  witness
    8  would  be unlikely to respond to such an order, or (ii) after previously
    9  having been served with such an order, he did not respond  thereto,  the
   10  court  may  issue  a warrant addressed to a police officer OR A SHERIFF,
   11  UNDERSHERIFF OR DEPUTY SHERIFF OF THE CITY OF NEW YORK,  directing  such
   12  officer  to  take such prospective witness into custody within the state
   13  and to bring him before the court forthwith in order that  a  proceeding
   14  may  be  conducted  to determine whether he is to be adjudged a material
   15  witness.
   16    S 13. Section 690.05 of the criminal procedure law, subdivision  2  as
   17  amended  by chapter 504 of the laws of 1991 and the opening paragraph of
   18  subdivision 2 as amended by chapter 424 of the laws of 1998, is  amended
   19  to read as follows:
   20  S 690.05  Search warrants; in general; definition.
   21    1.  Under  circumstances  prescribed in this article, a local criminal
   22  court may, upon application of a police officer, OR  A  SHERIFF,  UNDER-
   23  SHERIFF  OR  DEPUTY SHERIFF OF THE CITY OF NEW YORK, a district attorney
   24  or other public servant acting in the course  of  his  official  duties,
   25  issue a search warrant.
   26    2.  A  search  warrant is a court order and process directing a police
   27  officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
   28  YORK to conduct:
   29    (a) a search of designated premises, or of a designated vehicle, or of
   30  a designated person, for the purpose of seizing designated  property  or
   31  kinds  of property, and to deliver any property so obtained to the court
   32  which issued the warrant; or
   33    (b) a search of a designated premises for the purpose of searching for
   34  and arresting a person who is the subject of: (i) a  warrant  of  arrest
   35  issued  pursuant  to  this  chapter,  a superior court warrant of arrest
   36  issued pursuant to this chapter, or a bench warrant for a felony  issued
   37  pursuant  to this chapter, where the designated premises is the dwelling
   38  of a third party who is not the subject of the arrest warrant; or
   39    (ii) a warrant of arrest issued by any other state  or  federal  court
   40  for  an  offense  which would constitute a felony under the laws of this
   41  state, where the designated premises is the dwelling of  a  third  party
   42  who is not the subject of the arrest warrant.
   43    S  14.  Section  690.25  of  the  criminal procedure law is amended by
   44  adding a new subdivision 3 to read as follows:
   45    3. A SEARCH WARRANT MAY BE ADDRESSED TO A  SHERIFF,  UNDERSHERIFF,  OR
   46  DEPUTY  SHERIFF  OF THE CITY OF NEW YORK, TO BE EXECUTED PURSUANT TO ITS
   47  TERMS WITHIN THE CITY OF NEW YORK.
   48    S 15. Paragraph (b) of subdivision 4 of section 690.35 of the criminal
   49  procedure law, as amended by chapter 424 of the laws of 1998, is amended
   50  to read as follows:
   51    (b) A request that the search warrant authorize the  executing  police
   52  officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
   53  YORK  to  enter  premises  to  be  searched without giving notice of his
   54  authority and purpose, upon the ground that there is reasonable cause to
   55  believe that (i) the property sought may be easily and quickly destroyed
   56  or disposed of, or (ii) the giving of such notice may endanger the  life
       A. 6586                             9
    1  or  safety  of  the executing officer or another person, or (iii) in the
    2  case of an application for a search warrant as defined in paragraph  (b)
    3  of  subdivision  two  of section 690.05 for the purpose of searching for
    4  and arresting a person who is the subject of a warrant for a felony, the
    5  person  sought  is  likely to commit another felony, or may endanger the
    6  life or safety of the executing officer or another person.
    7    S 16. Subdivision 2 of section 690.40 of the criminal  procedure  law,
    8  as  amended  by  chapter  424 of the laws of 1998, is amended to read as
    9  follows:
   10    2. If the court is satisfied that there is reasonable cause to believe
   11  that property of a kind or character referred to in section 690.10,  and
   12  described  in  the application, may be found in or upon the place, prem-
   13  ises, vehicle or person designated or described in the application,  or,
   14  in  the  case of an application for a search warrant as defined in para-
   15  graph (b) of subdivision two of section 690.05, that there is reasonable
   16  cause to believe that the person who is the  subject  of  a  warrant  of
   17  arrest,  a  superior  court  warrant of arrest, or a bench warrant for a
   18  felony may be found at the premises designated in  the  application,  it
   19  may  grant the application and issue a search warrant directing a search
   20  of the said place, premises, vehicle or person  and  a  seizure  of  the
   21  described  property  or  the  described  person. If the court is further
   22  satisfied that grounds, described in subdivision four of section 690.35,
   23  exist for authorizing the search to be made at any hour of  the  day  or
   24  night,  or without giving notice of the police officer's OR A SHERIFF'S,
   25  UNDERSHERIFF'S, OR DEPUTY SHERIFF OF THE CITY OF  NEW  YORK'S  authority
   26  and purpose, it may make the search warrant executable accordingly.
   27    S 17. Subdivisions 3 and 7 of section 690.45 of the criminal procedure
   28  law,  as amended by chapter 424 of the laws of 1998, are amended to read
   29  as follows:
   30    3. The name, department or classification of the police officer  OR  A
   31  SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK to whom
   32  it is addressed; and
   33    7. An authorization, where the court has specially so determined, that
   34  the executing police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHER-
   35  IFF  OF  THE  CITY OF NEW YORK enter the premises to be searched without
   36  giving notice of his authority and purpose; and
   37    S 18. Section 690.50 of the criminal  procedure  law,  as  amended  by
   38  chapter 424 of the laws of 1998, is amended to read as follows:
   39  S 690.50  Search warrants; execution thereof.
   40    1.   In executing a search warrant directing a search of premises or a
   41  vehicle, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY  SHERIFF
   42  OF  THE  CITY  OF  NEW YORK must, except as provided in subdivision two,
   43  give, or make reasonable effort to give, notice  of  his  authority  and
   44  purpose  to an occupant thereof before entry and show him the warrant or
   45  a copy thereof upon request.  If he is not thereafter admitted,  he  may
   46  forcibly  enter  such premises or vehicle and may use against any person
   47  resisting his entry or search thereof as much physical force, other than
   48  deadly physical force, as is necessary to execute the  warrant;  and  he
   49  may  use  deadly  physical  force  if  he reasonably believes such to be
   50  necessary to defend himself or a third person from  what  he  reasonably
   51  believes to be the use or imminent use of deadly physical force.
   52    2.   In executing a search warrant directing a search of premises or a
   53  vehicle, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY  SHERIFF
   54  OF  THE CITY OF NEW YORK need not give notice to anyone of his authority
   55  and purpose, as prescribed in subdivision one, but  may  promptly  enter
   56  the same if:
       A. 6586                            10
    1    (a)  Such premises or vehicle are at the time unoccupied or reasonably
    2  believed by the officer to be unoccupied; or
    3    (b)  The search warrant expressly authorizes entry without notice.
    4    3.  In executing a search warrant directing or authorizing a search of
    5  a person, a police officer OR A SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF
    6  OF  THE  CITY  OF NEW YORK must give, or make reasonable effort to give,
    7  such person notice of his authority and purpose and show him the warrant
    8  or a copy thereof upon request.  If such person, or another,  thereafter
    9  resists  or  refuses  to  permit the search, the officer may use as much
   10  physical force, other than deadly physical force,  as  is  necessary  to
   11  execute  the warrant; and he may use deadly physical force if he reason-
   12  ably believes such to be necessary to defend himself or a  third  person
   13  from what he reasonably believes to be the use or imminent use of deadly
   14  physical force.
   15    4.  Upon seizing property pursuant to a search warrant, a police offi-
   16  cer  OR  A  SHERIFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
   17  YORK must write and subscribe a receipt itemizing the property taken and
   18  containing the name of the court by which the  warrant  was  issued.  If
   19  property  is  taken  from  a  person, such receipt must be given to such
   20  person.  If property is taken from premises or a vehicle,  such  receipt
   21  must be given to the owner, tenant or other person in possession thereof
   22  if he is present; or if he is not, the officer must leave such a receipt
   23  in the premises or vehicle from which the property was taken.
   24    5.  Upon seizing property pursuant to a search warrant, a police offi-
   25  cer  OR  A  SHERIFF,  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW
   26  YORK must without unnecessary delay return to the court the warrant  and
   27  the  property, and must file therewith a written inventory of such prop-
   28  erty, subscribed and sworn to by such officer.
   29    6. Upon arresting a person during a search for him or her pursuant  to
   30  a  search  warrant  as  defined  in  paragraph (b) of subdivision two of
   31  section 690.05, a police officer OR A SHERIFF, UNDERSHERIFF,  OR  DEPUTY
   32  SHERIFF  OF  THE  CITY  OF  NEW  YORK shall comply with the terms of the
   33  warrant of arrest, superior court warrant of arrest,  or  bench  warrant
   34  for  a felony, and shall proceed in the manner directed by this chapter.
   35  Upon arresting such person, the police officer OR A SHERIFF,  UNDERSHER-
   36  IFF,  OR  DEPUTY  SHERIFF  OF  THE  CITY OF NEW YORK shall also, without
   37  unnecessary delay, file a written statement with the court which  issued
   38  the  search  warrant,  subscribed  and sworn to by such officer, setting
   39  forth that the person has been arrested  and  duly  brought  before  the
   40  appropriate  court,  return  to  the  court the warrant and the property
   41  seized in the course of its execution,  and  file  therewith  a  written
   42  inventory of any such property, subscribed and sworn to by such officer.
   43    S 19. Paragraph (b) of subdivision 1 of section 690.55 of the criminal
   44  procedure law, as amended by chapter 424 of the laws of 1998, is amended
   45  to read as follows:
   46    (b)    Direct that it be held in the custody of the person who applied
   47  for the warrant, or of the police officer OR A SHERIFF, UNDERSHERIFF, OR
   48  DEPUTY SHERIFF OF THE CITY OF NEW  YORK  who  executed  it,  or  of  the
   49  governmental  or  official  agency  or  department  by which either such
   50  public servant is employed, upon condition that upon order of such court
   51  such property be returned thereto or delivered to another court.
   52    S 20. Subdivision 18 of section 75-a of the domestic relations law, as
   53  added by chapter 386 of the laws of 2001, is amended to read as follows:
   54    18. "Law enforcement officer" means a police  officer  as  defined  in
   55  subdivision  thirty-four  of section 1.20 of the criminal procedure law,
       A. 6586                            11
    1  OR A PEACE OFFICER AS DEFINED BY SUBDIVISION TWO OF SECTION 2.10 OF  THE
    2  CRIMINAL PROCEDURE LAW.
    3    S  21. Section 77-o of the domestic relations law, as added by chapter
    4  386 of the laws of 2001, is amended to read as follows:
    5    S 77-o. Role of law enforcement. At the request  of  a  prosecutor  or
    6  other  appropriate  public official acting under section seventy-seven-n
    7  of this title, a law enforcement  officer,  as  defined  in  subdivision
    8  thirty-four  of  section  1.20  of  the  criminal  procedure law, AND AS
    9  DEFINED BY SUBDIVISION TWO OF SECTION 2.10  OF  THE  CRIMINAL  PROCEDURE
   10  LAW,  may  take any lawful action reasonably necessary to locate a child
   11  or a party and assist a prosecutor or appropriate public  official  with
   12  responsibilities under section seventy-seven-n of this title.
   13    S 22. Section 58 of the New York city criminal court act is amended by
   14  adding a new subdivision 21 to read as follows:
   15    (21)  WHERE  AN  APPEARANCE  TICKET HAS BEEN SERVED BY A MEMBER OF THE
   16  OFFICE OF THE SHERIFF OF THE CITY OF NEW YORK IN LIEU OF ARREST IN CASES
   17  AUTHORIZED BY ARTICLE ONE HUNDRED FIFTY OF THE CRIMINAL PROCEDURE LAW, A
   18  SERGEANT DEPUTY SHERIFF, LIEUTENANT  DEPUTY  SHERIFF,  UNDERSHERIFF,  OR
   19  SHERIFF OF SUCH OFFICE OF THE SHERIFF IS HEREBY AUTHORIZED TO ADMINISTER
   20  TO  THE  DEPUTY  SHERIFF  ALL  NECESSARY  OATHS  IN  CONNECTION WITH THE
   21  EXECUTION OF THE ACCUSATORY INSTRUMENT TO BE PRESENTED IN COURT BY  SUCH
   22  DEPUTY SHERIFF IN THE PROSECUTION OF SUCH OFFENSE.
   23    S  23.  Subdivisions  (b),  (c) and (d) of section 153-a of the family
   24  court act, as added by chapter 416 of the laws of 1975, are  amended  to
   25  read as follows:
   26    (b)  Unless  encountering physical resistance, flight or other factors
   27  rendering normal procedure impractical, the arresting police officer  OR
   28  A  SHERIFF, UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK must
   29  inform the subject named therein that  a  warrant  for  his  arrest  for
   30  attendance  at  the  proceeding designated therein has been issued. Upon
   31  request of such subject, the police officer OR A  SHERIFF,  UNDERSHERIFF
   32  OR  DEPUTY  SHERIFF OF THE CITY OF NEW YORK must show him the warrant if
   33  he has it in his possession. The officer need not have  the  warrant  in
   34  his  possession, and, if he has not, he must show it to the subject upon
   35  request as soon after the arrest as possible.
   36    (c) In order to effect the arrest, the police officer  OR  A  SHERIFF,
   37  UNDERSHERIFF,  OR  DEPUTY  SHERIFF  OF THE CITY OF NEW YORK may use such
   38  physical force as is justifiable pursuant to section 35.30 of the  penal
   39  law.
   40    (d)  In  order  to effect the arrest, the police officer OR A SHERIFF,
   41  UNDERSHERIFF, OR DEPUTY SHERIFF OF THE CITY OF NEW YORK  may  enter  any
   42  premises in which he reasonably believes the subject named therein to be
   43  present.  Before  such entry, he must give, or make reasonable effort to
   44  give, notice of his authority and purpose to an occupant thereof.
   45    S 24. This act shall take effect immediately, provided, however,  that
   46  sections  two,  three, four, five and six of this act shall apply to all
   47  arrest warrants addressed to police officers or peace officers outstand-
   48  ing on the date that this act shall have become a law.