senate Bill S375

Amended

Designates certain William Floyd school district security officers as peace officers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2009
    • REFERRED TO CODES
  • 03 / Jun / 2009
    • AMEND (T) AND RECOMMIT TO CODES
  • 03 / Jun / 2009
    • PRINT NUMBER 375A
  • 06 / Jan / 2010
    • REFERRED TO CODES

Summary

Designates certain William Floyd school district security guards and senior security guards as peace officers.

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Bill Details

Versions:
S375
S375A
Legislative Cycle:
2009-2010
Current Committee:
Senate Codes

Sponsor Memo

BILL NUMBER: S375

TITLE OF BILL :
An act to amend the criminal procedure law, in relation to designating
certain William Floyd school district security officers as peace
officers; to amend the executive law and the criminal procedure law,
in relation to peace officers; and to repeal section 845-a of the
executive law and section 2.30 of the criminal procedure law relating
thereto


PURPOSE :
Designates certain William Floyd school district security officers as
peace officers; repealer.

SUMMARY OF PROVISIONS :
1. Section 2.10 of the criminal procedure law is amended by adding a
new subdivision 83;
2. Section 845-a of the executive law is repealed and section 845 of
the executive law, as added by chapter 482 of the laws of 1979, is
amended; and
3. Section 2.30 of the criminal procedure law is repealed and a new
section 2.30 is added.

JUSTIFICATION :
This legislation was introduced at the request of the William Floyd
School District. This bill would assure that Security Officers would
have the authority to provide protection if a disruption of security
were to occur on school district grounds. In 2008, the governor vetoed
similar bills that would have extended peace officer status to
particular job positions in various localities. The principal concern
noted in the veto messages was that our current laws governing the
training of peace officers are inadequate.

The requirements of the police officer and peace officer registries,
as set forth in Executive law §§845 and 845-a, are similar but not
identical. This bill will consolidate the requirements for each
registry in §845, thereby ensuring a consistent registry process for
both classes of officers.

Such standardization also will facilitate more efficient processing of
the information by staff of the Division of Criminal Justice Services
(DCJS).

The current peace officer training requirements were enacted in 1980.
The environment in which peace officers carry out their functions,
powers and duties has changed drastically since that time. Peace
officer's are increasingly expected to enforce a variety of local and
State laws. They are authorized to make warrantless arrests and
searches and, within their special duties, can be assigned to perform
most of the same functions as police officers. The current 35-hour
training courses may be inadequate to prepare peace officers to carry
out their functions safely and effectively.

This bill makes no change to the provisions of Executive Law §840,
under which the MPTC recommends rules to the Governor regarding the
requirements of minimum basic training for peace officers. However,
the 35-hour and 10-hour limits would be eliminated. This will enhance
public safety generally, protect peace officers' safety, and ensure
that the MPTC is able to enhance peace officer training courses in
accordance with appropriate contemporary standards.

LEGISLATIVE HISTORY :
New bill.

FISCAL IMPLICATIONS :
This bill could result in additional training costs for some state and
local agencies, but for several reasons such costs are not expected to
be particularly large or unmanageable. First, many employers of peace
officers already provide training that is far in excess of the 35
hours specified in the current statute, and which is likely to be
fully or nearly compliant with any new standards that would be set
under the bill. For example, the Department of Correctional Services,
which employs a large number of peace officers, already requires
extensive training that is closely tailored to the specialized needs
of the officers in that agency.

EFFECTIVE DATE :
This act shall take effect immediately; provided that sections two and
three of this act shall take effect one year after this act shall have
become law.
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