STATE OF NEW YORK
________________________________________________________________________
4715
2013-2014 Regular Sessions
IN ASSEMBLY
February 8, 2013
___________
Introduced by M. of A. CUSICK, MARKEY, DenDEKKER, ZEBROWSKI, MILLER,
SCHIMMINGER, GOLDFEDER -- Multi-Sponsored by -- M. of A. BOYLAND,
COLTON, GRAF, JORDAN, LAVINE, MALLIOTAKIS, MONTESANO, SALADINO -- read
once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to adding
Triborough bridge and tunnel authority peace officers to those able to
conduct temporary questioning of persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 140.50 of the criminal procedure law, as amended by
2 chapter 911 of the laws of 1972, subdivision 1 as amended by chapter 714
3 of the laws of 1973, subdivision 2 as amended by chapter 237 of the laws
4 of 1985 and subdivision 4 as added by chapter 176 of the laws of 2010,
5 is amended to read as follows:
6 § 140.50 Temporary questioning of persons in public places; search for
7 weapons.
8 1. In addition to the authority provided by this article for making an
9 arrest without a warrant, a police officer may stop a person in a public
10 place located within the geographical area of such officer's employment
11 when [he] such police officer reasonably suspects that such person is
12 committing, has committed or is about to commit either (a) a felony or
13 (b) a misdemeanor defined in the penal law, and may demand [of him his]
14 such person's name, address and an explanation of his or her conduct.
15 2. Any person who is a peace officer and who provides security
16 services for any court of the unified court system may stop a person in
17 or about the courthouse to which [he] such peace officer is assigned
18 when [he] such peace officer reasonably suspects that such person is
19 committing, has committed or is about to commit either (a) a felony or
20 (b) a misdemeanor defined in the penal law, and may demand [of him his]
21 such person's name, address and an explanation of his or her conduct.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08115-01-3
A. 4715 2
1 3. Any person who is a peace officer and enforces all provisions of
2 law in and about the Triborough bridge and tunnel authority facilities,
3 may stop a person in or about such facilities to which such peace offi-
4 cer is assigned when such peace officer reasonably suspects that such
5 person is committing, has committed or is about to commit either (a) a
6 felony or (b) a misdemeanor defined in the penal law, and may demand
7 such person's name, address and an explanation of his or her conduct.
8 4. When upon stopping a person under circumstances prescribed in
9 subdivisions one [and], two, and three, a police officer [or], court
10 officer, or Triborough bridge and tunnel authority peace officer,
11 sergeant, or lieutenant, as the case may be, reasonably suspects that
12 [he] such officer is in danger of physical injury, he or she may search
13 such person for a deadly weapon or any instrument, article or substance
14 readily capable of causing serious physical injury and of a sort not
15 ordinarily carried in public places by law-abiding persons. If [he] such
16 officer finds [such] a weapon or instrument, or any other property
17 possession of which he or she reasonably believes may constitute the
18 commission of a crime, he or she may take it and keep it until the
19 completion of the questioning, at which time he or she shall either
20 return it, if lawfully possessed, or arrest such person.
21 [4.] 5. In cities with a population of one million or more, informa-
22 tion that establishes the personal identity of an individual who has
23 been stopped, questioned and/or frisked by a police officer or peace
24 officer, such as the name, address or social security number of such
25 person, shall not be recorded in a computerized or electronic database
26 if that individual is released without further legal action; provided,
27 however, that this subdivision shall not prohibit police officers or
28 peace officers from including in a computerized or electronic database
29 generic characteristics of an individual, such as race and gender, who
30 has been stopped, questioned and/or frisked by a police officer or peace
31 officer.
32 § 2. This act shall take effect on the first of December next succeed-
33 ing the date on which it shall have become a law.
