senate Bill S1258

Grants police officer status for members of the Triborough bridge and tunnel authority; repealer

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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

  • 06 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Extends police officer status to bridge and tunnel officers, sergeants and lieutenants of the Triborough bridge and tunnel authority and authorizes such authority to maintain a bridge and tunnel police department and a uniformed bridge and tunnel police force.

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Bill Details

Versions:
S1258
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §1.20, rpld §2.10 sub 20, CP L; amd §553, Pub Auth L
Versions Introduced in 2009-2010 Legislative Cycle:
S2556

Sponsor Memo

BILL NUMBER:S1258

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to granting police
officer status to bridge and tunnel officers, sergeants and lieutenants
of the Triborough bridge and tunnel authority;
repealing
subdivision 20 of section 2.10 of such
law relating thereto; and
to amend the public
authorities law, in relation to providing certain powers to the
Triborough bridge and tunnel authority

PURPOSE:
To grant police officer status to bridge and tunnel officers.

SUMMARY OF PROVISIONS:
1. Subdivision 34 of Section 1.20 of the criminal procedure law is
amended by adding a new paragraph(s) to read as follows:

(S) BRIDGE AND TUNNEL OFFICERS, SERGEANTS AND LIEUTENANTS OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

§ 2. Subdivision 20 of Section 2.10 of the criminal procedure law is
REPEALED.

§ 3. section 553 of the public authorities law is amended by adding a
new subdivision 7-b to read as follows:

7-B. IN ITS DISCRETION TO PROVIDE AND MAINTAIN A BRIDGE AND TUNNEL
POLICE DEPARTMENT AND A UNIFORMED BRIDGE AND TUNNEL POLICE FORCE

JUSTIFICATION:
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.

LEGISLATIVE HISTORY:
2009-2010: S.2556 - Passed Codes; Advanced to Third Reading

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1258

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  ADDABBO,  DIAZ, HASSELL-THOMPSON, HUNTLEY, KLEIN,
  PARKER, SAVINO -- read twice and ordered printed, and when printed  to
  be committed to the Committee on Codes

AN  ACT  to  amend  the  criminal procedure law, in relation to granting
  police officer status to bridge and  tunnel  officers,  sergeants  and
  lieutenants  of  the Triborough bridge and tunnel authority; repealing
  subdivision 20 of section 2.10 of such law relating  thereto;  and  to
  amend  the  public  authorities  law, in relation to providing certain
  powers to the Triborough bridge and tunnel authority

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  34 of section 1.20 of the criminal procedure
law is amended by adding a new paragraph (w) to read as follows:
  (W) BRIDGE AND TUNNEL  OFFICERS,  SERGEANTS  AND  LIEUTENANTS  OF  THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
  S 2. Subdivision 34-a of section 1.20 of the criminal procedure law is
amended by adding a new paragraph (e) to read as follows:
  (E)  THE  "GEOGRAPHICAL  AREA OF EMPLOYMENT" FOR THE BRIDGE AND TUNNEL
POLICE FORCE OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL BE  ALL
FACILITIES OPERATED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
  S  3.  Subdivision 20 of section 2.10 of the criminal procedure law is
REPEALED.
  S 4. Section 553 of the public authorities law is amended by adding  a
new subdivision 7-b to read as follows:
  7-B.  IN  ITS  DISCRETION  TO PROVIDE AND MAINTAIN A BRIDGE AND TUNNEL
POLICE DEPARTMENT AND A UNIFORMED BRIDGE AND TUNNEL POLICE  FORCE.  SUCH
DEPARTMENT AND FORCE SHALL HAVE THE POWER AND IT SHALL BE THEIR DUTY, IN
AND  ABOUT  BRIDGE  AND TUNNEL FACILITIES, TO PRESERVE THE PUBLIC PEACE,
PREVENT CRIME, AND ARREST OFFENDERS, SUPPRESS RIOTS, MOBS AND  INSURREC-
TIONS,  DISPERSE UNLAWFUL OR DANGEROUS ASSEMBLAGES AND ASSEMBLAGES WHICH
OBSTRUCT FREE PASSAGE; PROTECT THE RIGHTS OF PERSONS AND PROPERTY; GUARD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01376-01-1

S. 1258                             2

THE PUBLIC HEALTH; REGULATE, DIRECT,  CONTROL  AND  RESTRICT  PEDESTRIAN
TRAFFIC; REMOVE ALL NUISANCES; ENFORCE AND PREVENT VIOLATION OF ALL LAWS
AND  ORDINANCES;  AND FOR THESE PURPOSES TO ARREST ALL PERSONS GUILTY OF
VIOLATING  ANY  LAW OR ORDINANCE. APPOINTMENTS TO SUCH BRIDGE AND TUNNEL
POLICE FORCE SHALL BE MADE IN ACCORDANCE WITH APPLICABLE  PROVISIONS  OF
THE  CIVIL SERVICE LAW AND ONLY PERSONS WHO HAVE NEVER BEEN CONVICTED OF
A FELONY, AND WHO ARE CITIZENS OF THE UNITED STATES SHALL  BE  APPOINTED
BRIDGE  AND TUNNEL PATROLMEN ON THE BRIDGE AND TUNNEL POLICE FORCE. EACH
MEMBER OF SUCH FORCE SHALL BE A POLICE OFFICER AS DEFINED  BY  PARAGRAPH
(W) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE
LAW.
  THE  AUTHORITY  MAY APPOINT A NON-CIVILIAN CHIEF AND A DEPUTY CHIEF OF
THE BRIDGE AND TUNNEL POLICE DEPARTMENT WHO, IN THE  DISCRETION  OF  THE
AUTHORITY,  MAY  BE  SELECTED  FROM  THE  RANKS OF THE BRIDGE AND TUNNEL
POLICE FORCE, AND ASSIGN POWERS AND DUTIES TO THEM AND FIX THEIR COMPEN-
SATION. THE CHIEF SHALL BE THE  HEAD  OF  SUCH  DEPARTMENT.  DURING  THE
ABSENCE  OR  DISABILITY OF THE CHIEF, THE DEPUTY CHIEF SHALL POSSESS ALL
THE POWERS AND PERFORM ALL THE DUTIES OF THE  CHIEF.    THE  BRIDGE  AND
TUNNEL  POLICE  FORCE SHALL CONSIST OF CAPTAINS, LIEUTENANTS, SERGEANTS,
PATROLMEN AND POLICEWOMEN. THE AUTHORITY MAY DETAIL PERSONS IN THE  RANK
OF  CAPTAIN  OF  THE  BRIDGE  AND TUNNEL POLICE FORCE TO SERVE IN HIGHER
RANKS. A CAPTAIN WHEN SO DETAILED TO SERVE  IN  A  HIGHER  RANK  MAY  BE
GRANTED  AN  INCREASE IN SALARY ABOVE THE GRADE ESTABLISHED FOR THE RANK
OF CAPTAIN IN THE UNIFORMED FORCE.
  S 5. This act shall take effect immediately.

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