STATE OF NEW YORK
________________________________________________________________________
9467
IN ASSEMBLY
March 14, 2024
___________
Introduced by M. of A. TAGUE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the uniform justice court act, the judiciary law, and
the criminal procedure law, in relation to providing for the presence
of either a uniformed court officer or law enforcement officer during
court proceedings
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 109 of the uniform justice court act is amended by
2 adding a new closing paragraph to read as follows:
3 Provided, however, that the chief administrator of the courts shall,
4 upon request by the municipality, ensure the assignment and presence of
5 a uniformed court officer during court proceedings. If a uniformed court
6 officer is not available, the chief administrator of the courts shall be
7 responsible for coordinating and ensuring the presence of a law enforce-
8 ment official during such court proceedings. Political subdivisions
9 which provide security services for the courts shall be entitled to
10 reimbursement from the state. No costs associated with facilitating the
11 presence of a law enforcement officer in lieu of a uniformed court offi-
12 cer shall be incurred by the municipality.
13 § 2. Section 216 of the judiciary law is amended by adding a new
14 subdivision 7 to read as follows:
15 7. The chief administrator of the courts shall, upon request by the
16 municipality, ensure the assignment and presence of a uniformed court
17 officer during court proceedings. If a uniformed court officer is not
18 available, the chief administrator of the courts shall be responsible
19 for coordinating and ensuring the presence of a law enforcement official
20 during such court proceedings.
21 § 3. Subdivision 2 of section 849-h of the judiciary law, as added by
22 chapter 280 of the laws of 1999, is amended to read as follows:
23 2. Funds available pursuant to this article may be used for any
24 purpose having as its end enhancement of the justice courts' ability to
25 provide suitable and sufficient services to their respective communi-
26 ties. These purposes may include, but shall not be limited to, costs
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14670-01-4
A. 9467 2
1 associated with hiring nonjudicial court security or reimbursement of
2 costs for utilizing local law enforcement services; automation of court
3 operations; improvement or expansion of court facilities; provision of
4 appropriate means for the recording of court proceedings; provision of
5 lawbooks, treatises and related materials; and provision of appropriate
6 training for justices and for nonjudicial court staff. Except as may
7 otherwise be provided by rule of the chief administrator, funds avail-
8 able pursuant to this article shall not be used to compensate justices
9 [and nonjudicial court staff], nor shall they be used as a means of
10 reducing funding provided by a town or village to its justice court.
11 § 4. Subdivision 4 of section 849-i of the judiciary law, as amended
12 by chapter 127 of the laws of 2007, is amended to read as follows:
13 4. Notwithstanding any other provision of law, the chief administrator
14 shall not approve any application for funding in excess of [thirty] two
15 hundred and fifty thousand dollars unless such application is a joint
16 application and the aggregate funding sought thereunder does not exceed
17 an amount equaling the product of the number of joint applicants making
18 such application and [thirty] two hundred and fifty thousand dollars.
19 § 5. Subdivision 1 of section 219-b of the judiciary law, as added by
20 chapter 548 of the laws of 2006, is amended to read as follows:
21 1. There shall be established a New York state court officer academy
22 (hereinafter referred to in this section as the "academy"). This academy
23 shall serve as a center for the provision of education and training to
24 New York state court officers and other non-judicial employees of the
25 New York state courts. For the purpose of this section, New York state
26 court officers shall include court officers assigned to or employed by a
27 unified justice court.
28 § 6. Paragraph a of subdivision 21 of section 2.10 of the criminal
29 procedure law, as added by chapter 843 of the laws of 1980, is amended
30 to read as follows:
31 a. Uniformed court officers [of the unified court system], who have
32 received and completed training at the New York state court officer
33 academy.
34 § 7. This act shall take effect on the one hundred eightieth day after
35 it shall have become a law.