Bill S646-2011

Authorizes Triborough bridge and tunnel peace officers the right to temporarily stop and question persons and conduct frisk for weapons

Authorizes Triborough bridge and tunnel peace officers the right to temporarily stop and question persons and conduct frisk for weapons.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Jan 5, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S646

TITLE OF BILL: An act to amend the criminal procedure law, in relation to adding Triborough bridge and tunnel authority peace officers to those able to conduct temporary questioning of persons

PURPOSE: To enhance the role of the peace officers employed by the TBTA in or about facilities operated by the TBTA by including the TBTA's officers in the provision of the criminal procedure law which permits certain peace officers to stop and frisk to afford better protection to citizens.

SUMMARY OF PROVISIONS: Amends section 140.50 of the criminal Procedure Law by adding new subdivision 3.

JUSTIFICATION: The State has seen an increased need for public security since the unwarranted attacks on the World Trade Center on 9/11/01. Currently, officers of the TBTA are charged with protecting those bridges and tunnels in and around New York City under TBTA control, however they are not entitled to question or frisk suspects in accordance with the Criminal Procedure Law. Sergeants, lieutenants and other officers of the TBTA are highly trained peace officers. This bill will enhance their capacity to protect citizens who travel the bridges and tunnels by permitting the TBTA officers to stop and question, and if necessary, frisk persons who are acting in a suspicious manner. The Bridge and Tunnel sergeants, lieutenants and other officers are most familiar with the patrons who travel these vital arteries every day. With this familiarity they are most capable of spotting unusual behavior which could lead to the mass destruction of our bridges and tunnels. To deny these officers the ability to question and frisk suspicious people, puts the public at risk.

LEGISLATIVE HISTORY: S.3375, 2003-04 - 3rd Reading S.1191, 2005-06 - Codes S.3725, 2007-08 - Codes S.2801, 2009-10 - Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: December first next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 646 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to adding Triborough bridge and tunnel authority peace officers to those able to conduct temporary questioning of persons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 140.50 of the criminal procedure law, as amended by chapter 911 of the laws of 1972, subdivision 1 as amended by chapter 714 of the laws of 1973, subdivision 2 as amended by chapter 237 of the laws of 1985 and subdivision 4 as added by chapter 176 of the laws of 2010, is amended to read as follows: S 140.50 Temporary questioning of persons in public places; search for weapons. 1. In addition to the authority provided by this article for making an arrest without a warrant, a police officer may stop a person in a public place located within the geographical area of such officer's employment when [he] SUCH POLICE OFFICER reasonably suspects that such person is committing, has committed or is about to commit either (a) a felony or (b) a misdemeanor defined in the penal law, and may demand [of him his] SUCH PERSON'S name, address and an explanation of his OR HER conduct. 2. Any person who is a peace officer and who provides security services for any court of the unified court system may stop a person in or about the courthouse to which [he] SUCH PEACE OFFICER is assigned when [he] SUCH PEACE OFFICER reasonably suspects that such person is committing, has committed or is about to commit either (a) a felony or (b) a misdemeanor defined in the penal law, and may demand [of him his] SUCH PERSON'S name, address and an explanation of his OR HER conduct. 3. ANY PERSON WHO IS A PEACE OFFICER AND ENFORCES ALL PROVISIONS OF LAW IN AND ABOUT THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FACILITIES,
MAY STOP A PERSON IN OR ABOUT SUCH FACILITIES TO WHICH SUCH PEACE OFFI- CER IS ASSIGNED WHEN SUCH PEACE OFFICER REASONABLY SUSPECTS THAT SUCH PERSON IS COMMITTING, HAS COMMITTED OR IS ABOUT TO COMMIT EITHER (A) A FELONY OR (B) A MISDEMEANOR DEFINED IN THE PENAL LAW, AND MAY DEMAND SUCH PERSON'S NAME, ADDRESS AND AN EXPLANATION OF HIS OR HER CONDUCT. 4. When upon stopping a person under circumstances prescribed in subdivisions one [and], two, AND THREE, a police officer [or], court officer, OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PEACE OFFICER, SERGEANT, OR LIEUTENANT, as the case may be, reasonably suspects that [he] SUCH OFFICER is in danger of physical injury, he OR SHE may search such person for a deadly weapon or any instrument, article or substance readily capable of causing serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons. If [he] SUCH OFFICER finds [such] a weapon or instrument, or any other property possession of which he OR SHE reasonably believes may constitute the commission of a crime, he OR SHE may take it and keep it until the completion of the questioning, at which time he OR SHE shall either return it, if lawfully possessed, or arrest such person. [4.] 5. In cities with a population of one million or more, informa- tion that establishes the personal identity of an individual who has been stopped, questioned and/or frisked by a police officer or peace officer, such as the name, address or social security number of such person, shall not be recorded in a computerized or electronic database if that individual is released without further legal action; provided, however, that this subdivision shall not prohibit police officers or peace officers from including in a computerized or electronic database generic characteristics of an individual, such as race and gender, who has been stopped, questioned and/or frisked by a police officer or peace officer. S 2. This act shall take effect on the first of December next succeed- ing the date on which it shall have become a law.

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