S T A T E O F N E W Y O R K
________________________________________________________________________
3645--B
1999-2000 Regular Sessions
I N S E N A T E
March 11, 1999
___________
Introduced by Sen. SPANO -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- recommitted
to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 counties of Erie and Westchester, 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:
1 Section 1. Subdivision (b) of section 105 of the uniform city court
2 act, as amended by chapter 397 of the laws of 1988, is amended to read
3 as follows:
4 (b) (1) Enforcement officers; police officers. The enforcement officer
5 of a city court shall be the sheriff of the county in which such court
6 is located; provided, however, in each city where, on June thirtieth,
7 nineteen hundred eighty-eight, public officers thereof were authorized
8 to designate the enforcement officer of the city court established ther-
9 ein, such public officers may continue to exercise such authority and to
10 designate another person or officer as enforcement officer in lieu of
11 the sheriff. The enforcement officers of the court shall perform the
12 same duties as are performed by sheriffs in the supreme court and shall
13 have, within their territorial jurisdiction and subject to any limita-
14 tions imposed by {this act or by other provision of} law, such power to
15 serve and execute the processes and mandates of the court as a sheriff
16 has with regard to the processes and mandates of the supreme court. They
17 shall also have, within their territorial jurisdiction, all of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08609-04-0
S. 3645--B 2
1 powers in criminal matters of a constable of a town in the state of New
2 York. It shall also be the duty of the police officers of the city to
3 execute all criminal processes and mandates of the court. Neither an
4 enforcement officer nor a police officer shall receive any fee or
5 compensation for the service or execution of any criminal process or
6 mandate issued out of the court.
7 (2) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
8 IN THE COUNTIES OF ERIE AND WESTCHESTER ALL PROVISIONS OF LAW RELATING
9 TO THE POWERS, DUTIES AND LIABILITIES OF SHERIFFS IN LIKE CASES WITH
10 RESPECT TO THE EXECUTION OF MONEY JUDGMENTS RENDERED BY ANY FAMILY COURT
11 OR ANY SUPREME COURT OF THE COUNTY IN WHICH A CITY COURT IS LOCATED,
12 SHALL APPLY TO THE ENFORCEMENT OFFICER OF SUCH CITY COURT, WHO WAS
13 DESIGNATED IN LIEU OF THE SHERIFF.
14 S 2. Subdivision (s-1) of section 105 of the civil practice law and
15 rules, as amended by chapter 80 of the laws of 1998, is amended to read
16 as follows:
17 (s-1) The sheriff. The term "the sheriff", as used in this chapter,
18 means the county sheriff as defined in subdivision (a) of section thir-
19 teen of article thirteen of the constitution and in counties in the city
20 of New York, the city sheriff as defined in section fifteen hundred
21 twenty-six of chapter fifty-eight of the New York city charter. For the
22 purposes of article fifty-two of this chapter relating to the enforce-
23 ment of money judgments and for the purposes of any provision of law
24 which in effect applies any such provision of article fifty-two of this
25 chapter, such term shall also mean any "city marshal" as defined in
26 article sixteen of the New York city civil court act AND ANY ENFORCEMENT
27 OFFICER OF A CITY COURT, DESIGNATED IN LIEU OF THE SHERIFF, PURSUANT TO
28 SUBDIVISION (B) OF SECTION ONE HUNDRED FIVE OF THE UNIFORM CITY COURT
29 ACT, except that city marshals AND SUCH ENFORCEMENT OFFICERS shall have
30 no power to levy upon or sell real property and city marshals AND SUCH
31 ENFORCEMENT OFFICERS shall have no power of arrest.
32 S 3. This act shall take effect immediately; provided, however, that
33 the amendments to subdivision (s-1) of section 105 of the civil practice
34 law and rules made by section two of this act shall not affect the expi-
35 ration and repeal of such subdivision pursuant to chapter 455 of the
36 laws of 1997 and shall expire and be deemed to be repealed therewith.
.SO DOC S 3645B *END* BTXT 1999
Bill S03645
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