S T A T E O F N E W Y O R K ________________________________________________________________________ S. 1972 A. 3007 1997-1998 Regular Sessions S E N A T E - A S S E M B L Y January 30, 1997 ___________ IN SENATE -- Introduced by Sen. VELELLA -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary IN ASSEMBLY -- Introduced by M. of A. KAUFMAN, LOPEZ, RIVERA, KLEIN -- Multi-Sponsored by -- M. of A. COOK, CROWLEY, MAYERSOHN, ORTIZ, PHEF- FER, RAMIREZ, SEMINERIO, WEPRIN -- read once and referred to the Committee on Judiciary AN ACT to amend the New York city civil court act and the civil practice law and rules, in relation to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts of the city of New York and defining the term "the sheriff" as used therein and providing for the repeal of such provisions upon the expiration thereof 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 1609 of the New York city civil 2 court act, as amended by chapter 533 of the laws of 1979, is amended to 3 read as follows: 4 1. a. The authority of a marshal extends throughout the city of New __ 5 York and all provisions of law relating to the powers, duties and 6 liabilities of sheriffs in like cases and in respect to the taking and 7 restitution of property, shall apply to marshals. Every marshal shall 8 keep a record of his or her official acts in such manner as shall be 9 prescribed by the appellate division. Such records shall show, in addi- 10 tion to the official acts of the marshal, all fees and sums received by 11 the marshal therefor, the expenses of the marshal in connection with the 12 performance of his or her official duties and his gross and net income 13 as such marshal. The records of every marshal shall be open to 14 inspection by the appellate division and such officers or employees of EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD01431-03-7 S. 1972 2 A. 3007 1 the court, or other persons, agencies or officials, as may be designated 2 by the appellate division. 3 b. Notwithstanding any inconsistent provision of this act or of any ______________________________________________________________________ 4 other general, special or local law, code, charter, or ordinance, all ________________________________________________________________________ 5 provisions of law relating to the powers, duties and liabilities of ________________________________________________________________________ 6 sheriffs in like cases in respect to the execution of money judgments ________________________________________________________________________ 7 rendered by any family court of the city or any supreme court of any ________________________________________________________________________ 8 county of the city, shall apply to marshals. ____________________________________________ 9  2. Section 105 of the civil practice law and rules is amended by 10 adding a new subdivision (s-1) to read as follows: 11 (s-1) The sheriff. The term "the sheriff", as used in this chapter, ______________________________________________________________________ 12 means the county sheriff as defined in subdivision (a) of section thir- ________________________________________________________________________ 13 teen of article thirteen of the constitution and in counties in the city ________________________________________________________________________ 14 of New York, the city sheriff as defined in chapter forty-four of the ________________________________________________________________________ 15 New York city charter. For the purposes of article fifty-two of this ________________________________________________________________________ 16 chapter relating to the enforcement of money judgments and for the ________________________________________________________________________ 17 purposes of any provision of law which in effect applies any such ________________________________________________________________________ 18 provision of article fifty-two of this chapter, such term shall also ________________________________________________________________________ 19 mean any "city marshal" as defined in article sixteen of the New York ________________________________________________________________________ 20 city civil court act. _____________________ 21  3. This act shall take effect immediately and shall remain in full 22 force and effect only until June 30, 1999 when upon such date this act 23 shall be deemed repealed.