§ 223 — Duties and powers of the superintendent of state police and of members of the state police

New York § 223

• Jurisdiction: New York
• Law EXC: Executive
• Art. 11: Division of State Police

Text

* § 223. Duties and powers of the superintendent of state police and\nof members of the state police. 1. It shall be the duty of the\nsuperintendent of the state police and of members of the state police to\nprevent and detect crime and apprehend criminals. They shall also be\nsubject to the call of the governor and are empowered to co-operate with\nany other department of the state or with local authorities. They shall\nalso collect and analyze information relating to prevention and\ndetection of terrorist threats and terrorist activities throughout the\nstate and share all such information subject to paragraph (g) of\nsubdivision two of section seven hundred nine of this chapter among the\ndivision of homeland security and emergency services, and local, state,\nand federal law enforcement agencies to ensure the coordination of\nappropriate intelligence to assist in the early identification of and\nresponse to potential terrorist threats and terrorist activities. They\nshall have power to arrest, without a warrant, any person committing or\nattempting to commit within their presence or view a breach of the peace\nor other violation of law, to serve and execute warrants of arrest or\nsearch issued by proper authority and to exercise all other powers of\npolice officers of the state of New York. Any such warrants issued by\nany magistrate of the state may be executed by them in any part of the\nstate according to the tenor thereof without indorsement. But they shall\nnot exercise their powers within the limits of any city to suppress\nrioting and disorder except by direction of the governor or upon the\nrequest of the mayor of the city with the approval of the governor. Any\nmember of the rank of sergeant or above may take pre-arraignment bail\nfrom any defendant in the amounts and under the circumstances and\nconditions that police may take bail.\n 2. The superintendent may, by written order, designate a police\nofficer, as defined in paragraph (b), (c) or (d) of subdivision\nthirty-four of section 1.20 of the criminal procedure law, to assist\nmembers of the state police in order to more effectively address the\ndetection of crime and apprehension of criminals within the state and\nits localities. Police officers so designated, while actively working\nin conjunction with members of the state police either directly or as\npart of a specific task force, shall be paid by and remain employees of\ntheir particular county, city, town or village, but shall for purposes\nof the criminal procedure law, have their geographic area of employment\ndeemed to be New York state.\n * NB Effective until September 1, 2027\n * § 223. Duties and powers of the superintendent of state police and\nof members of the state police. It shall be the duty of the\nsuperintendent of the state police and of members of the state police to\nprevent and detect crime and apprehend criminals. They shall also be\nsubject to the call of the governor and are empowered to co-operate with\nany other department of the state or with local authorities. They shall\nalso collect and analyze information relating to prevention and\ndetection of terrorist threats and terrorist activities throughout the\nstate and share all such information subject to paragraph (g) of\nsubdivision two of section seven hundred nine of this chapter among the\ndivision of homeland security and emergency services and local, state,\nand federal law enforcement agencies to ensure the coordination of\nappropriate intelligence to assist in the early identification of and\nresponse to potential terrorist threats and terrorist activities. They\nshall have power to arrest, without a warrant, any person committing or\nattempting to commit within their presence or view a breach of the peace\nor other violation of law, to serve and execute warrants of arrest or\nsearch issued by proper authority and to exercise all other powers of\npolice officers of the state of New York. Any such warrants issued by\nany magistrate of the state may be executed by them in any part of the\nstate according to the tenor thereof without indorsement. But they shall\nnot exercise their powers within the limits of any city to suppress\nrioting and disorder except by direction of the governor or upon the\nrequest of the mayor of the city with the approval of the governor. Any\nmember of the rank of sergeant or above may take pre-arraignment bail\nfrom any defendant in the amounts and under the circumstances and\nconditions that police may take bail.\n * NB Effective September 1, 2027\n