BILL NUMBER: S5363
SPONSOR: LANZA
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to reclassifying
court officers and court clerks of the unified court system under the
definition of police officer; and to repeal certain provisions of such
law relating thereto
 
PURPOSE:
The legislation amends subdivision 34 of Section 1.20 of the criminal
procedure law by reclassifying court officers as police officers.
 
SUMMARY OF PROVISIONS:
Section one of this bill amends Criminal Procedure Law section 1.20(34)
by adding a new paragraph (w). This new paragraph adds uniformed court
officers of the Unified Court System to the definition of the term
"police officer."
Section two of this bill amends Criminal Procedure Law section 1.20(34)
by adding a new paragraph (x). This new paragraph adds court clerks in
the 1st and 2nd Departments of the Unified Court System to the defi-
nition of the term "police officer."
Section three of this bill repeals paragraphs (a), and (b) of subdivi-
sion 21 of section 2.10 of the Criminal Procedure Law.
Section four of this bill provides that this act shall take effect imme-
diately.
 
EXISTING LAW:
Currently, court clerks in the 1st and 2nd Departments and uniformed
court officers of the Unified Court System are classified as peace offi-
cers pursuant to Criminal Procedure Law section 2.10.
 
JUSTIFICATION:
This reclassification is necessary as a means of ensuring the safety of
New Yorkers. Currently court officers and court clerks are classified as
peace officers, thereby giving them the authority to maintain order and
ensure security while performing the duties of their office. By enacting
this reclassification, the court officers' and court clerks' authority
would be extended beyond the courtroom.
 
PRIOR LEGISLATIVE HISTORY:
2016: S.3347 - 3rd Reading Calendar.
2015: S.3347 - Referred to Codes
2014: S.5455 - Referred to Codes
2013: S.5455 - Referred to Codes
 
FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5363: 1.20 criminal procedure law, 1.20(34) criminal procedure law