S T A T E O F N E W Y O R K ________________________________________________________________________ 6423 I N S E N A T E March 12, 1998 ___________ Introduced by Sens. VELELLA, LACK, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary AN ACT to amend the New York city civil court act and the civil practice law and rules, in relation to clarifying the functions, powers and duties of city marshals with regard to the execution of money judg- ments entered or docketed in the supreme court and increasing the amount of the bond given by such marshals The People of the State of New York, represented in Senate and Assem- ______________________________________________________________________ bly, do enact as follows: _________________________ 1 Section 1. Subdivision (a) of section 1604 of the New York city civil 2 court act, such section as renumbered by chapter 564 of the laws of 3 1963, is amended to read as follows: 4 (a) No marshal shall be permitted to enter upon the duties of his 5 office until he shall have given a bond as herein prescribed. The bond 6 shall be executed by the marshal with two sufficient sureties, who shall 7 be residents of the city of New York and each of whom shall be the owner 8 of real estate therein of the value of double the penalty of the bond[, 9 which]. The penalty of the bond shall be the sum of [twenty] sixty thou- _________________________ _____ 10 sand dollars. Except as hereinafter provided, beginning July first, ________________________________________________________ 11 nineteen hundred ninety-nine, the penalty of the bond shall increase to ________________________________________________________________________ 12 the sum of eighty thousand dollars and beginning July first, two thou- ________________________________________________________________________ 13 sand, the penalty of the bond shall increase to the sum of one hundred ________________________________________________________________________ 14 thousand dollars. If on June thirtieth, nineteen hundred ninety-nine the ________________________________________________________________________ 15 provisions of subdivision (s-1) of section one hundred five of the civil ________________________________________________________________________ 16 practice law and rules and paragraph b of subdivision one of section ________________________________________________________________________ 17 sixteen hundred nine of the New York city civil court act are repealed ________________________________________________________________________ 18 pursuant to section three of chapter four hundred fifty-five of the laws ________________________________________________________________________ 19 of nineteen hundred ninety-seven, the penalty of the bond shall remain ________________________________________________________________________ 20 sixty thousand dollars and shall not increase to the sum of eighty thou- ________________________________________________________________________ 21 sand dollars on July first, nineteen hundred ninety-nine or to the sum ________________________________________________________________________ 22 of one hundred thousand dollars on July first, two thousand. The bond _____________________________________________________________ 23 shall provide that the marshal and the sureties shall jointly and 24 severally answer to the city of New York and any persons that may 25 complain, for the true and faithful execution by such marshal of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD13930-01-8 S. 6423 2 1 duties of his office. The bond shall be submitted for approval to a 2 judge of the court and such judge shall have power to require that the 3 sureties justify before him within five days after the bond shall have 4 been submitted, and shall approve or reject the bond within five days 5 thereafter. When so approved, the bond shall be filed with the city 6 clerk of the city of New York. A marshal already qualified for and in 7 office on [the effective date of this act] any date upon which the ___________________________ 8 penalty of the bond shall increase pursuant to this subdivision shall __________________________________________________________________ 9 within thirty days after [said effective] such date file with the city ____ 10 clerk an additional bond, otherwise executed as provided for herein and 11 approved by a judge of the court, [to bring the total amount of his bond 12 or bonds to twenty thousand dollars] in an amount sufficient to bring ___________________________________ 13 the total amount of such bond to the penalty amount provided in this ________________________________________________________________________ 14 subdivision. ___________ 15  2. Paragraph b of subdivision 1 of section 1609 of the New York city 16 civil court act, as added by chapter 455 of the laws of 1997, is amended 17 to read as follows: 18 b. Notwithstanding any inconsistent provision of this act or of any 19 other general, special or local law, code, charter, or ordinance, all 20 provisions of law relating to the powers, duties and liabilities of 21 [sheriffs] the city sheriff in like cases in respect to the [execution] ________________ 22 enforcement within the city of money judgments rendered by any family ___________________________ 23 court [of the city] or money judgments entered in any supreme court or __________________________ __ 24 docketed with the clerk of any county [of the city], shall apply to _______________________ 25 marshals, except that city marshals shall have no power to levy upon or ________________________________________________________________ 26 sell real property and city marshals shall have no power of arrest. __________________________________________________________________ 27  3. Subdivision (s-1) of section 105 of the civil practice law and 28 rules, as added by chapter 455 of the laws of 1997, is amended to read 29 as follows: 30 (s-1) The sheriff. The term "the sheriff", as used in this chapter, 31 means the county sheriff as defined in subdivision (a) of section thir- 32 teen of article thirteen of the constitution and in counties in the city 33 of New York, the city sheriff as defined in section fifteen hundred 34 twenty-six of chapter fifty-eight of the New York city charter. For the 35 purposes of article fifty-two of this chapter relating to the enforce- 36 ment of money judgments and for the purposes of any provision of law 37 which in effect applies any such provision of article fifty-two of this 38 chapter, such term shall also mean any "city marshal" as defined in 39 article sixteen of the New York city civil court act, except that city ____________________ 40 marshals shall have no power to levy upon or sell real property and city ________________________________________________________________________ 41 marshals shall have no power of arrest. ______________________________________ 42  4. This act shall take effect immediately; provided, however, 43 section one of this act shall take effect 90 days after it shall have 44 become a law. Any city marshal already qualified for and in office on 45 the effective date of section one of this act shall, within 30 days 46 after such effective date, file with the city clerk of the city of New 47 York an additional bond to bring the total amount of his or her bond or 48 bonds to sixty thousand dollars; provided further, the amendments made 49 to paragraph b of subdivision 1 of section 1609 of the New York city 50 civil court act and to subdivision (s-1) of section 105 of the civil 51 practice law and rules made by sections two and three of this act, 52 respectively, shall be deemed to have been in full force and effect on 53 and after August 26, 1997 and shall not affect the repeal of such para- 54 graph and subdivision pursuant to section 3 of chapter 455 of the laws 55 of 1997, and shall be deemed repealed therewith.