A06971 Summary:

BILL NOA06971
 
SAME ASSAME AS S04699
 
SPONSORCusick
 
COSPNSRMarkey, DenDekker, Zebrowski, Miller, Schimminger, Goldfeder
 
MLTSPNSRColton, Graf, Lavine, Malliotakis, Montesano, Saladino
 
Amd S140.50, CP L
 
Relates to adding Triborough bridge and tunnel authority peace officers to those able to conduct temporary questioning of persons.
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A06971 Actions:

BILL NOA06971
 
04/15/2015referred to codes
01/06/2016referred to codes
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A06971 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6971
 
SPONSOR: Cusick (MS)
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: To enhance the role of the peace officers employed by the TBTA in or about facilities operated by the TBTA by including the TBTA's officers in the provision of the criminal procedure law which permits certain peace officers to stop and frisk to afford better protection to citizens.   SUMMARY OF SPECIFIC PROVISIONS: Amends section 140.50 of the Criminal Procedure Law.   JUSTIFICATION: The State has seen an increased need for public securi- ty since the unwarranted attacks on the World Trade Center on 9/11/01. Currently, officers of the TBTA are charged with protecting those bridg- es and tunnels in and around New York City under TBTA control. However they are not entitled to question or frisk suspects in accordance with the Criminal Procedure Law. Sergeants, lieutenants and other officers of the TBTA are highly trained peace officers. This bill will enhance their capacity to protect citizens who travel the bridges and tunnels by permitting the TBTA officers to stop and question, and if necessary, frisk persons who are acting in a suspicious manner. The Bridge and Tunnel sergeants, lieutenants and other officers are most familiar with the patrons who travel these vital arteries every day. With this famili- arity they are most capable of spotting unusual behavior which could lead to the mass destruction of our bridges and tunnels. To deny these officers the ability to question and frisk suspicious people, puts the public at risk.   PRIOR LEGISLATIVE HISTORY: 2003: A7023 - Rules; 2004: A7023 - Codes; 2005-2006 A.7399 - Codes; 2007-2008 A.6683 - Codes; 2009-2010: A.5111-A - Codes; 2011-2012:A.4304 - Codes; 2013-2014: A.4715 - Codes.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: December 1, after signing.
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A06971 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6971
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 15, 2015
                                       ___________
 
        Introduced  by  M.  of  A. CUSICK, MARKEY, DenDEKKER, ZEBROWSKI, MILLER,
          SCHIMMINGER, GOLDFEDER -- Multi-Sponsored by -- M. of A. COLTON, GRAF,
          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.
                                                                   LBD10222-02-5

        A. 6971                             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  peace officer employed by the Triborough bridge and tunnel
    11  authority as the case may be, reasonably suspects that [he] such officer
    12  is in danger of physical injury, he or she may search such person for  a
    13  deadly weapon or any instrument, article or substance readily capable of
    14  causing  serious physical injury and of a sort not ordinarily carried in
    15  public places by law-abiding persons. If [he] such officer finds  [such]
    16  a  weapon or instrument, or any other property possession of which he or
    17  she reasonably believes may constitute the commission of a crime, he  or
    18  she  may take it and keep it until the completion of the questioning, at
    19  which time he or she shall either return it, if lawfully  possessed,  or
    20  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.
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