Bill Text: NY A07027 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes an E felony in the exceptions to the authority of a police officer to arrest a person without a warrant and to the authority of a public servant other than a police officer to serve an appearance ticket.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A07027 Detail]

Download: New_York-2023-A07027-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7027

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

        Introduced  by M. of A. ZEBROWSKI, WILLIAMS, PAULIN, McDONALD, LAVINE --
          read once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to including  an
          E  felony  in  the  exceptions to the authority of a police officer to
          arrest a person without a warrant and to the  authority  of  a  public
          servant other than a police officer to serve an appearance ticket

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision 1 and subdivisions 2 and 3  of
     2  section  150.20 of the criminal procedure law, paragraph (a) of subdivi-
     3  sion 1 as amended by section 1-a of part JJJ of chapter 59 of  the  laws
     4  of  2019  and subdivisions 2 and 3 as amended by chapter 550 of the laws
     5  of 1987, are amended to read as follows:
     6    (a) Whenever a police officer is authorized pursuant to section 140.10
     7  of this title to arrest a person without a warrant for an offense  other
     8  than  a  class  A,  B,  C  [or], D or E felony or a violation of section
     9  130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the  penal  law,  he
    10  shall,  except  as set out in paragraph (b) of this subdivision, subject
    11  to the provisions of subdivisions three and four of  section  150.40  of
    12  this  [title]  article,  instead  issue to and serve upon such person an
    13  appearance ticket.
    14    2. (a) Whenever a police officer  has  arrested  a  person  without  a
    15  warrant for an offense other than a class A, B, C [or], D or E felony or
    16  a  violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56
    17  of the penal law pursuant to section 140.10 of this title, or (b)  when-
    18  ever  a  peace officer, who is not authorized by law to issue an appear-
    19  ance ticket, has arrested a person for an offense other than a class  A,
    20  B,  C  [or],  D  or  E  felony or a violation of section 130.25, 130.40,
    21  205.10, 205.17, 205.19 or 215.56 of the penal law  pursuant  to  section
    22  140.25  of  this  title, and has requested a police officer to issue and
    23  serve upon such arrested person an appearance ticket pursuant to  subdi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10624-01-3
        A. 7027                             2

     1  vision  four  of  section  140.27,  or  (c)  whenever  a person has been
     2  arrested for an offense other than a class A, B, C [or], D or  E  felony
     3  or  a  violation  of  section  130.25, 130.40, 205.10, 205.17, 205.19 or
     4  215.56  of  the  penal  law  and has been delivered to the custody of an
     5  appropriate police officer pursuant to section  140.40  of  this  title,
     6  such  police officer may, instead of bringing such person before a local
     7  criminal court and promptly filing or causing the arresting peace  offi-
     8  cer  or  arresting  person  to  file  a  local criminal court accusatory
     9  instrument therewith, issue to and serve upon such person an  appearance
    10  ticket.  [The  issuance  and  service of an appearance ticket under such
    11  circumstances may be conditioned upon a deposit of pre-arraignment bail,
    12  as provided in section 150.30.]
    13    3. A public servant other than a  police  officer,  who  is  specially
    14  authorized  by state law or local law enacted pursuant to the provisions
    15  of the municipal home rule law to issue  and  serve  appearance  tickets
    16  with  respect to designated offenses other than class A, B, C [or], D or
    17  E felonies or violations of  section  130.25,  130.40,  205.10,  205.17,
    18  205.19  or  215.56  of  the penal law, may in such cases issue and serve
    19  upon a person an appearance ticket  when  he  has  reasonable  cause  to
    20  believe that such person has committed a crime, or has committed a petty
    21  offense in his presence.
    22    §  2.  This  act  shall take effect on the sixtieth day after it shall
    23  have become a law.