Crime Committee Report e.indd - New York State Senate

Many good, law abiding people are mistakenly arrested and then released after it is determined
that they are innocent. In New York City alone, the prosecutors declined to prosecute
approximately 12,500 people who were arrested. When this happens, arrest records can be
created that may unfairly prejudice opportunities for schooling, employment, professional
licenses and housing. These are innocent individuals who have done nothing wrong. There is
no reason they should be marked for life.
The bill defines a “Voidable arrest” as any arrest resulting in the release of the person without
the filing of formal charges, dismissal of proceedings against the person arrested, or a determination
that the arrest was without probable cause. The bill would require expungement of certain
state and municipal arrest records and under legislation pending in the US Congress, New York
could be eligible for financial benefits if the congress enacts the bill. Utah, Missouri, Indiana and
Louisiana currently have laws on the books to expunge voided arrest records.
S2254
SCHNEIDERMAN, ADAMS, BRESLIN, DIAZ, DUANE, KRUEGER, PARKER, SAMPSON,
SERRANO, THOMPSON
Notification of Deportation
Requires the court to advise a defendant that if he or she is an alien and he or she is convicted
of a crime, whether by plea or trial, such conviction may result in his or her deportation;
allows a withdrawal of a plea of guilty by an alien if such alien is threatened with deportation
and such alien is not so advised of such threat of deportation.
S2556
ADDABBO, DIAZ, HASSELL-THOMPSON, HUNTLEY, KLEIN, PARKER, SAVINO
Granting Police Officer Status
Bridge and Tunnel Officers are highly trained, certified New York State Peace Officers.
Bridge and Tunnel Officers are responsible for law enforcement duties at Metropolitan Transportation
Authority (MTA) Bridges and Tunnels, in addition to: maintaining daily 24-hour security
patrols; checkpoints; video monitor surveillance; anti-terrorism and traffic enforcement
duties. Bridge and Tunnel Officers are the first responders to all emergencies and incidences
to preserve the safety and structural integrity of the nine facilities of MTA Bridges and Tunnels.
By expanding the law enforcement powers of Bridge and Tunnel Officers from Peace Officer
status to Police status, it would greatly enhance the safety and protection of the millions of
motorists that travel on MTA’s Bridges and Tunnels, surrounding roadways and communities.
Bridge and Tunnel Officers perform virtually all police responsibilities with one exception:
As the current law is written, the law enforcement powers of Peace Officers are limited when
compared to Police Officers. The present law prohibits Bridge and Tunnel Officers, in their
capacity as Peace Officers, from taking into custody individuals for merely having an arrest
warrant. By granting Police status to Bridge and Tunnel Officers, it would allow them to arrest
individuals with active warrants.
S2582
ADAMS, DIAZ, DILAN, HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KRUEGER,
MONSERRATE, MONTGOMERY, ONORATO, PARKER, PERKINS, SCHNEIDERMAN,
SERRANO, STEWART-COUSINS
Gun Control
Will make it illegal to sell gun parts to any individual that does not possess a valid pistol
permit. The part sold must be the same related to the pistol/firearm listed on the purchaser’s
pistol permit.
66
New York State Senate