S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2377--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 19, 2011
                                      ___________
       Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Codes --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       AN ACT to amend the criminal procedure law, in relation  to  authorizing
         peace  officers  designated to investigate insurance frauds to execute
         arrest warrants and search warrants and repealing  certain  provisions
         of such law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision 1 of section 2.20 of  the  criminal  procedure
    2  law is amended by adding a new paragraph (k) to read as follows:
    3    (K) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, EMPLOYEES OF
    4  THE INSURANCE FRAUDS BUREAU OF THE DEPARTMENT OF INSURANCE DESIGNATED AS
    5  PEACE  OFFICERS  BY THE SUPERINTENDENT OF INSURANCE SHALL HAVE THE POWER
    6  TO (I) APPLY FOR AND EXECUTE WARRANTS OF ARREST AS SET FORTH IN  ARTICLE
    7  ONE  HUNDRED  TWENTY  OF  THIS  CHAPTER,  AND (II) APPLY FOR AND EXECUTE
    8  SEARCH WARRANTS IN ACCORDANCE WITH ARTICLE SIX HUNDRED  NINETY  OF  THIS
    9  CHAPTER, WHENEVER ACTING PURSUANT TO THEIR SPECIAL DUTIES.
   10    S  2.  Paragraph  (k) of subdivision 1 of section 2.20 of the criminal
   11  procedure law, as added by section one of this act, is  REPEALED  and  a
   12  new paragraph (k) is added to read as follows:
   13    (K) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, EMPLOYEES OF
   14  THE DEPARTMENT OF FINANCIAL SERVICES DESIGNATED AS PEACE OFFICERS BY THE
   15  SUPERINTENDENT  OF  FINANCIAL SERVICES SHALL HAVE THE POWER TO (I) APPLY
   16  FOR AND EXECUTE WARRANTS OF ARREST AS SET FORTH IN ARTICLE  ONE  HUNDRED
   17  TWENTY  OF  THIS CHAPTER, AND (II) APPLY FOR AND EXECUTE SEARCH WARRANTS
   18  IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THIS CHAPTER,  WHENEVER
   19  ACTING PURSUANT TO THEIR SPECIAL DUTIES.
   20    S  3.  This  act shall take effect on the ninetieth day after it shall
   21  have become a law; provided however that section two of this  act  shall
   22  take effect on the same date and in the same manner as section 1 of part
   23  A of chapter 62 of the laws of 2011, takes effect.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05752-02-1