senate Bill S3134B

Relates to persons designated 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

  • 09 / Feb / 2011
    • REFERRED TO CODES
  • 29 / Mar / 2011
    • 1ST REPORT CAL.267
  • 30 / Mar / 2011
    • 2ND REPORT CAL.
  • 31 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 23 / May / 2011
    • PASSED SENATE
  • 23 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 23 / May / 2011
    • REFERRED TO CODES
  • 15 / Jun / 2011
    • RECALLED FROM ASSEMBLY
  • 15 / Jun / 2011
    • RETURNED TO SENATE
  • 15 / Jun / 2011
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 15 / Jun / 2011
    • AMENDED ON THIRD READING 3134A
  • 20 / Jun / 2011
    • REPASSED SENATE
  • 20 / Jun / 2011
    • RETURNED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO CODES
  • 22 / Jun / 2011
    • RECALLED FROM ASSEMBLY
  • 22 / Jun / 2011
    • RETURNED TO SENATE
  • 22 / Jun / 2011
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 22 / Jun / 2011
    • AMENDED ON THIRD READING 3134B
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 21 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1526
  • 21 / Jun / 2012
    • SUBSTITUTED BY A948B

Summary

Relates to persons designated as peace officers.

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Bill Details

See Assembly Version of this Bill:
A948B
Versions:
S3134
S3134A
S3134B
Legislative Cycle:
2011-2012
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.10, CP L
Versions Introduced in 2009-2010 Legislative Cycle:
S7461, A10624

Sponsor Memo

BILL NUMBER:S3134B

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to persons designated as
peace officers

This bill would grant peace officer status to the security officers
of the Kaleida Health Centers.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Section 2.10 of the Criminal
Procedure Law by adding a subdivision that includes under peace
officer Status by members of its security force, employed by the
Kaleida Health Network, within the "Medical Campus" as defined by the
bill.

The new Subdivision stipulates that such officers are not authorized
to carry, Possess. repair or dispose of a firearm without an
appropriate license issued under Section 400.00 of the Penal Law. or
to authorize such officer to carry or possess a firearm except while
on duty.

JUSTIFICATION:
Peace officer status will proved Security Officers of
the Kaleida Health Network with more capability in protecting the
safety of patients, visitors, and employees. it will allow them to
perform "Warrant less" searches where there is "probably causes and
reasonable belief", without having to place such individuals under
citizens arrest. A citizen's arrest requires involvement of the
Buffalo Police Department and ties up a security officer for many
hours in the process.

Currently there is no protection for the officer who places a person
under citizen's arrest. Security officers have been helpless in
approaching individuals known to have stolen hospital property, or in
approaching obvious psychotic, alcoholic and drug abuse patients who
need physicians care, but refuse. Peace officer status will authorize
security officers to detain such individuals for further police or
physician attention.

Peace officer status also protects the security officers by providing
a more serious charge against persons intending to injure a peace
officer. It will also enable Kaleida Health Network security
officers to take special training courses which will enhance their
capabilities and provide a better service to all.

The change will not affect job descriptions nor require increased
salary levels. It will also not require any necessity to increase
the number of officers who work, per shift.

PRIOR LEGISLATIVE HISTORY:
A.10624

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become law.

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

                                 3134--B
    Cal. No. 267

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 9, 2011
                               ___________

Introduced by Sens. GRISANTI, KENNEDY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, passed by  Senate  and  delivered  to  the
  Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  --  repassed  by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend  the  criminal  procedure law, in relation to persons
  designated as peace officers

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

  Section  1.  Section  2.10 of the criminal procedure law is amended by
adding a new subdivision 83 to read as follows:
  83. MEMBERS OF THE SECURITY FORCE EMPLOYED BY  KALEIDA  HEALTH  WITHIN
AND  DIRECTLY  ADJACENT  TO THE HOSPITAL BUILDINGS ON THE MEDICAL CAMPUS
LOCATED BETWEEN EAST NORTH  STREET,  GOODELL  STREET,  MAIN  STREET  AND
MICHIGAN  AVENUE.    THESE OFFICERS SHALL ONLY HAVE THE POWERS LISTED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 2.20  OF  THIS  ARTICLE,  AS
WELL  AS  THE  POWER  TO DETAIN AN INDIVIDUAL FOR A REASONABLE PERIOD OF
TIME WHILE AWAITING THE ARRIVAL OF LAW ENFORCEMENT,  PROVIDED  THAT  THE
OFFICER  HAS  ACTUAL  KNOWLEDGE, OR PROBABLE CAUSE TO BELIEVE, THAT SUCH
INDIVIDUAL HAS COMMITTED AN OFFENSE; PROVIDED HOWEVER, THAT  NOTHING  IN
THIS  SUBDIVISION  SHALL  BE  DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY,
POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS THE  APPROPRIATE  LICENSE
THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04729-07-1

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