NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7015
SPONSOR: Abbate TITLE OF BILL: An act to amend the criminal procedure law, in
relation to reclassifying court officers of the unified court system
under the definition of police officer; and to repeal certain provisions
of such law relating thereto
PURPOSE: The legislation amended subdivision 34 of Section 1.20 of the
criminal procedure law by reclassifying court officers as police offi-
cers.
SUMMARY OF SPECIFIC PROVISIONS: Amends subdivision 34 of Section 1.20
of the criminal procedure law by adding a new paragraph which reclassi-
fies court officers under the definition of police officer.
JUSTIFICATION: Court Officers are trained by certified New York State
Police Instructors at the New York State Court Officers Academy and are
the law enforcement authority for the state's judicial branch. Court
Officers perform duties identical to that of Police Officers and share
the same responsibilities as Police Officers. These duties are performed
in and around court facilities throughout New York State as well as
Unified Court System Administration Facilities. Court Officers are sworn
peace officers who are authorized to carry a firearm and effect arrests
both on and off duty.
Court officers engage in crime prevention by virtue of being a visible
uniformed force on fixed posts and on patrol in and around these same
facilities. New York State Courts Mobile Security Patrol (MSP) units
routinely patrol these facilities in marked radio patrol cars responding
to emergencies and effecting and assisting in arrests.
Court officers provide judicial protection and routinely transport
members of the judiciary to and from court facilities and administrative
offices as well as to and from duties in remote areas of New York State.
Additionally, Court Officers provide protection to Judges at their homes
in the event of threats made against Judges. Court officers are the only
peace officers in the state with stop, question and frisk power.
(Ref.CPL.140.50). This power is currently limited to "in or about the
court house to which he is assigned." Police status would expand on this
power allowing officers to better serve and protect members of the judi-
ciary and the public at large.
Court officers can execute bench warrants in New York City - Nassau,
Suffolk and Westchester Counties. Police status would expand this
authority to include all counties of New York State and to permit
execution of arrest warrants as well. (Ref CPL 530.70) Until the Unified
Court System expanded its jurisdiction statewide, Court officer duties
were performed by Deputy Sheriffs who had police status (Ref CPL 1.20,
34) (B). These Deputy Sheriffs lost police status when they became Court
officers. This legislation would restore these officers to their previ-
ous status as police officers.
After the attacks of September 11, 2001, Court Officers were charged
with providing physical security at the Office of Emergency Management
Command Post. Court Officers are currently assigned to both the Joint
Terrorist Task Force and the Office of Emergency Management; these offi-
cers participate in the same assignments as police officers but lack the
same authority. Police status would eliminate this deficiency. In the
event of a terrorist attack, natural disaster or other catastrophic
events, court officers are designated as first responders. Court officer
special response team units (SRT) are highly trained units ready to
mobilize and respond to emergency situations statewide.
Court officers routinely effect and process arrests, respond to medical
emergencies, conduct crowd control, respond to bomb threats, respond to
vehicular accidents, testify in court and, work with local police agen-
cies to effect inspection of crime scenes by judges and juries.
PRIOR LEGISLATIVE HISTORY: 2011: Referred to Codes 2012: Referred to
Codes
FISCAL IMPLICATIONS: Minimal costs for training
EFFECTIVE DATE: Immediately.
