Includes a class E felony and a class A misdemeanor involving harm to an identifiable person in the exceptions to the authority of a police officer to arrest a person without a warrant and to the authority of a public servant other than a police officer to serve an appearance ticket.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7032
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the criminal procedure law, in relation to including a
class E felony and a class A misdemeanor involving harm to an identifi-
able person in the exceptions to the authority of a police officer to
arrest a person without a warrant and to the authority of a public serv-
ant other than a police officer to serve an appearance ticket
PURPOSE OR GENERAL IDEA OF BILL:
Beyond discussions of the setting of bail, the ability to arrest and
formally process those who have been alleged to have committed a crime
should also be addressed. This bill will broaden police officers' abili-
ty to make an arrest, by expanding the list of arrest eligible crimes,
while not making bail mandatory
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill amends paragraph (a) of subdivisions 1, 2, and 3
of section 150.20 of the criminal procedure law, to add a class E felo-
ny, or a class A misdemeanor involving harm to an identifiable person,
in the exceptions to the authority of a police officer to arrest a
person without a warrant.
Section 2 of the bill states that this act shall take effect on the
sixtieth day after it shall have become a law.
JUSTIFICATION:
As we attempt to evaluate our criminal justice laws to address concerns
regarding crime, we need to broaden the discuSsion beyond the setting of
bail. Another issue that has not received as much attention, but may be
just as important, is to expand the enumerated crimes for which police
officers are able to make an arrest, instead of issuing a desk appear-
ance ticket. This further allows judicial discretion, in the case of
repeated offenders, to make appropriate decisions regarding ROR.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
On the sixtieth day after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
7032
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. ZEBROWSKI, WILLIAMS, PAULIN, LAVINE -- read once
and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to including a
class E felony and a class A misdemeanor involving harm to an iden-
tifiable person in the exceptions to the authority of a police officer
to arrest a person without a warrant and to the authority of a public
servant other than a police officer to serve an appearance ticket
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 and subdivisions 2 and 3 of
2 section 150.20 of the criminal procedure law, paragraph (a) of subdivi-
3 sion 1 as amended by section 1-a of part JJJ of chapter 59 of the laws
4 of 2019 and subdivisions 2 and 3 as amended by chapter 550 of the laws
5 of 1987, are amended to read as follows:
6 (a) Whenever a police officer is authorized pursuant to section 140.10
7 of this title to arrest a person without a warrant for an offense other
8 than a class A, B, C [or], D or E felony, or a class A misdemeanor
9 involving harm to an identifiable person, or a violation of section
10 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he
11 shall, except as set out in paragraph (b) of this subdivision, subject
12 to the provisions of subdivisions three and four of section 150.40 of
13 this [title] article, instead issue to and serve upon such person an
14 appearance ticket.
15 2. (a) Whenever a police officer has arrested a person without a
16 warrant for an offense other than a class A, B, C [or], D or E felony,
17 or a class A misdemeanor involving harm to an identifiable person, or a
18 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
19 the penal law pursuant to section 140.10 of this title, or (b) whenever
20 a peace officer, who is not authorized by law to issue an appearance
21 ticket, has arrested a person for an offense other than a class A, B, C
22 [or], D or E felony, or a class A misdemeanor involving harm to an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10625-01-3
A. 7032 2
1 indentifiable person, or a violation of section 130.25, 130.40, 205.10,
2 205.17, 205.19 or 215.56 of the penal law pursuant to section 140.25 of
3 this title, and has requested a police officer to issue and serve upon
4 such arrested person an appearance ticket pursuant to subdivision four
5 of section 140.27, or (c) whenever a person has been arrested for an
6 offense other than a class A, B, C [or], D or E felony, or a class A
7 misdemeanor involving harm to an indentifiable person, or a violation of
8 section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal
9 law and has been delivered to the custody of an appropriate police offi-
10 cer pursuant to section 140.40 of this title, such police officer may,
11 instead of bringing such person before a local criminal court and
12 promptly filing or causing the arresting peace officer or arresting
13 person to file a local criminal court accusatory instrument therewith,
14 issue to and serve upon such person an appearance ticket. [The issuance
15 and service of an appearance ticket under such circumstances may be
16 conditioned upon a deposit of pre-arraignment bail, as provided in
17 section 150.30].
18 3. A public servant other than a police officer, who is specially
19 authorized by state law or local law enacted pursuant to the provisions
20 of the municipal home rule law to issue and serve appearance tickets
21 with respect to designated offenses other than class A, B, C [or], D or
22 E felonies, or a class A misdemeanor involving harm to an identifiable
23 person, or violations of section 130.25, 130.40, 205.10, 205.17, 205.19
24 or 215.56 of the penal law, may in such cases issue and serve upon a
25 person an appearance ticket when he has reasonable cause to believe that
26 such person has committed a crime, or has committed a petty offense in
27 his presence.
28 § 2. This act shall take effect on the sixtieth day after it shall
29 have become a law.
