Laws of New York, 2010
AN ACT to amend the criminal procedure law, in relation to execution of
Became a law March 23, 2010, with the approval of the Governor.
Passed by a two-thirds vote.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. Subdivision 2 of section 530.70 of the criminal procedure
law, as amended by chapter 352 of the laws of 1991, is amended to read
2. A bench warrant may be addressed to: (a) any police officer whose
geographical area of employment embraces either the place where the
offense charged was allegedly committed or the locality of the court by
which the warrant is issued; or (b) any uniformed court officer for a
court in the city of New York, the county of Nassau, the county of
Suffolk or the county of Westchester or for any other court that is part
of the unified court system of the state for execution in the building
wherein such court officer is employed or in the immediate vicinity
thereof. A bench warrant must be executed in the same manner as a
warrant of arrest, as provided in section 120.80, and following the
arrest, such executing police officer or court officer must without
unnecessary delay bring the defendant before the court in which it is
returnable; provided, however, if the court in which the bench warrant
is returnable is a city, town or village court, and such court is not
available, and the bench warrant is addressed to a police officer, such
executing police officer must without unnecessary delay bring the
defendant before an alternate local criminal court, as provided in
subdivision five of section 120.90; or if the court in which the bench
warrant is returnable is a superior court, and such court is not available,
and the bench warrant is addressed to a police officer, such
executing police officer may bring the defendant to the local corretional
facility of the county in which such court sits, to be detained
there until not later than the commencement of the next session of such
court occurring on the next business day.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.
MALCOLM A. SMITH
EXPLANATION--Matter in italics is new; matter in brackets [