Bill Text: NY A05495 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes enforcement officers of city courts in the county of Erie, designated in lieu of the sheriff, to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-15 - enacting clause stricken [A05495 Detail]

Download: New_York-2013-A05495-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5495
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2013
                                      ___________
       Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
         Committee on Judiciary
       AN ACT to amend the uniform city court act and the  civil  practice  law
         and  rules,  in  relation  to authorizing enforcement officers of city
         courts in the county of Erie, designated in lieu of  the  sheriff,  to
         exercise  the  same  functions,  powers  and  duties  as sheriffs with
         respect to the execution of money judgments of the supreme and  family
         courts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision (b) of section 105 of the  uniform  city  court
    2  act,  as  amended by chapter 397 of the laws of 1988, is amended to read
    3  as follows:
    4    (b) (1) Enforcement officers; police officers. The enforcement officer
    5  of a city court shall be the sheriff of the county in which  such  court
    6  is  located;  provided,  however, in each city where, on June thirtieth,
    7  nineteen hundred eighty-eight, public officers thereof  were  authorized
    8  to designate the enforcement officer of the city court established ther-
    9  ein, such public officers may continue to exercise such authority and to
   10  designate  another  person  or officer as enforcement officer in lieu of
   11  the sheriff. The enforcement officers of the  court  shall  perform  the
   12  same  duties as are performed by sheriffs in the supreme court and shall
   13  have, within their territorial jurisdiction and subject to  any  limita-
   14  tions  imposed by [this act or by other provision of] law, such power to
   15  serve and execute the processes and mandates of the court as  a  sheriff
   16  has with regard to the processes and mandates of the supreme court. They
   17  shall  also  have,  within  their  territorial  jurisdiction, all of the
   18  powers in criminal matters of a constable of a town in the state of  New
   19  York.  It  shall  also be the duty of the police officers of the city to
   20  execute all criminal processes and mandates of the court.    Neither  an
   21  enforcement  officer  nor  a  police  officer  shall  receive any fee or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04654-01-3
       A. 5495                             2
    1  compensation for the service or execution of  any  criminal  process  or
    2  mandate issued out of the court.
    3    (2) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
    4  IN  THE  COUNTY  OF  ERIE  ALL PROVISIONS OF LAW RELATING TO THE POWERS,
    5  DUTIES AND LIABILITIES OF SHERIFFS IN LIKE CASES  WITH  RESPECT  TO  THE
    6  EXECUTION OF MONEY JUDGMENTS RENDERED BY ANY FAMILY COURT OR ANY SUPREME
    7  COURT OF THE COUNTY IN WHICH A CITY COURT IS LOCATED, SHALL APPLY TO THE
    8  ENFORCEMENT  OFFICER  OF  SUCH CITY COURT, WHO WAS DESIGNATED IN LIEU OF
    9  THE SHERIFF.
   10    S 2. Subdivision (s-1) of section 105 of the civil  practice  law  and
   11  rules,  as amended by chapter 80 of the laws of 1998, is amended to read
   12  as follows:
   13    (s-1) The sheriff. The term "the sheriff", as used  in  this  chapter,
   14  means  the county sheriff as defined in subdivision (a) of section thir-
   15  teen of article thirteen of the constitution and in counties in the city
   16  of New York, the city sheriff as  defined  in  section  fifteen  hundred
   17  twenty-six  of  [chapter  fifty-eight of] the New York city charter. For
   18  the purposes of article  fifty-two  of  this  chapter  relating  to  the
   19  enforcement  of money judgments and for the purposes of any provision of
   20  law which in effect applies any such provision of article  fifty-two  of
   21  this chapter, such term shall also mean any "city marshal" as defined in
   22  article sixteen of the New York city civil court act AND ANY ENFORCEMENT
   23  OFFICER  OF A CITY COURT, DESIGNATED IN LIEU OF THE SHERIFF, PURSUANT TO
   24  SUBDIVISION (B) OF SECTION ONE HUNDRED FIVE OF THE  UNIFORM  CITY  COURT
   25  ACT,  except that city marshals AND SUCH ENFORCEMENT OFFICERS shall have
   26  no power to levy upon or sell real property and city marshals  AND  SUCH
   27  ENFORCEMENT OFFICERS shall have no power of arrest.
   28    S  3.  This act shall take effect immediately; provided, however, that
   29  the amendments to subdivision (s-1) of section 105 of the civil practice
   30  law and rules made by section two of  this  act  shall  not  affect  the
   31  repeal  of such subdivision pursuant to chapter 455 of the laws of 1997,
   32  as amended, and shall be deemed repealed therewith.