S T A T E   O F   N E W   Y O R K
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                                  3704

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Subdivision (b) of section 105 of the  uniform  city  court
act,  as  amended by chapter 397 of the laws of 1988, is amended to read
as follows:
  (b) (1) Enforcement officers; police officers. The enforcement officer
of a city court shall be the sheriff of the county in which  such  court
is  located;  provided,  however, in each city where, on June thirtieth,
nineteen hundred eighty-eight, public officers thereof  were  authorized
to designate the enforcement officer of the city court established ther-
ein, such public officers may continue to exercise such authority and to
designate  another  person  or officer as enforcement officer in lieu of
the sheriff. The enforcement officers of the  court  shall  perform  the
same  duties as are performed by sheriffs in the supreme court and shall
have, within their territorial jurisdiction and subject to  any  limita-
tions  imposed by [this act or by other provision of] law, such power to
serve and execute the processes and mandates of the court as  a  sheriff
has with regard to the processes and mandates of the supreme court. They
shall  also  have,  within  their  territorial  jurisdiction, all of the
powers in criminal matters of a constable of a town in the state of  New
York.  It  shall  also be the duty of the police officers of the city to
execute all criminal processes and mandates of the court.    Neither  an
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
              

S. 3704                             2

compensation for the service or execution of  any  criminal  process  or
mandate issued out of the court.
  (2) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
IN  THE  COUNTY  OF  ERIE  ALL PROVISIONS OF LAW RELATING TO THE POWERS,
DUTIES AND LIABILITIES OF SHERIFFS IN LIKE CASES  WITH  RESPECT  TO  THE
EXECUTION OF MONEY JUDGMENTS RENDERED BY ANY FAMILY COURT OR ANY SUPREME
COURT OF THE COUNTY IN WHICH A CITY COURT IS LOCATED, SHALL APPLY TO THE
ENFORCEMENT  OFFICER  OF  SUCH CITY COURT, WHO WAS DESIGNATED IN LIEU OF
THE SHERIFF.
  S 2. Subdivision (s-1) of section 105 of the civil  practice  law  and
rules,  as amended by chapter 80 of the laws of 1998, is amended to read
as follows:
  (s-1) The sheriff. The term "the sheriff", as used  in  this  chapter,
means  the county sheriff as defined in subdivision (a) of section thir-
teen of article thirteen of the constitution and in counties in the city
of New York, the city sheriff as  defined  in  section  fifteen  hundred
twenty-six  of  [chapter  fifty-eight of] the New York city charter. For
the purposes of article  fifty-two  of  this  chapter  relating  to  the
enforcement  of money judgments and for the purposes of any provision of
law which in effect applies any such provision of article  fifty-two  of
this chapter, such term shall also mean any "city marshal" as defined in
article sixteen of the New York city civil court act AND ANY ENFORCEMENT
OFFICER  OF A CITY COURT, DESIGNATED IN LIEU OF THE SHERIFF, PURSUANT TO
SUBDIVISION (B) OF SECTION ONE HUNDRED FIVE OF THE  UNIFORM  CITY  COURT
ACT,  except that city marshals AND SUCH ENFORCEMENT OFFICERS shall have
no power to levy upon or sell real property and city marshals  AND  SUCH
ENFORCEMENT OFFICERS shall have no power of arrest.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to subdivision (s-1) of section 105 of the civil practice
law and rules made by section two of  this  act  shall  not  affect  the
repeal  of such subdivision pursuant to chapter 455 of the laws of 1997,
as amended, and shall be deemed repealed therewith.