senate Bill S3825

Provides that trained personnel of the Physical Security Organization of a nuclear facility be given peace officer status

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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 / Mar / 2011
    • REFERRED TO CODES
  • 03 / May / 2011
    • 1ST REPORT CAL.428
  • 04 / May / 2011
    • 2ND REPORT CAL.
  • 09 / May / 2011
    • ADVANCED TO THIRD READING
  • 23 / May / 2011
    • PASSED SENATE
  • 23 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 23 / May / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 30 / May / 2012
    • 1ST REPORT CAL.932
  • 31 / May / 2012
    • 2ND REPORT CAL.
  • 04 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO CODES

Summary

Provides that trained personnel of the Physical Security Organization of a nuclear facility be given peace officer status but shall not carry or possess a firearm.

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Bill Details

See Assembly Version of this Bill:
A440
Versions:
S3825
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.10, CP L
Versions Introduced in 2009-2010 Legislative Cycle:
S5213A, A10134A

Sponsor Memo

BILL NUMBER:S3825

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

PURPOSE:
To provide peace officer status to the trained personnel of the
physical security organization of a nuclear facility.

SUMMARY:
Section 1 adds a new subdivision 14 to section 2.10 of the criminal
procedure law in order to include trained personnel of the Physical
Security Organization of a nuclear facility licensed by the United
States Nuclear Regulatory Commission responsible for maintaining
safeguards and protection pursuant to the licensee's security plan.
It applies only when the trained personnel are acting pursuant to
their special duties in matters relating to maintaining such
safeguards and protections. The bill also specifies that nothing in
the new 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.

Section 2 states this act shall take effect immediately.

JUSTIFICATION:
The United States Nuclear Regulatory Commission regulates and licenses
all nuclear facilities and power plants in New York State. In order
to attain a license or renewal of a license, such facilities and
power plants, pursuant to federal law, must maintain a physical
security organization. The personnel of such physical security
organization, pursuant to federal law, must undergo, qualify and
periodically re-qualify, to the highest level of federally
established military and law enforcement training and education,
including all types of tactics and firearms.
The United States Nuclear Regulatory Commission holds these personnel
and their facilities to the highest standards, and the license of the
regulated facility is dependent upon the ability of such personnel to
meet and excel at the level of other federal law enforcement entities.

Section 2.10 of the criminal procedure law provides a list of over 70
types of employees designated as peace officers, ranging from
probation officers and park rangers to employees of
the insurance fraud bureau. As a peace officer, these individuals may
make warrantless arrests, use physical force to make arrests and
issue appearance tickets in accordance with the law.
However, current law disregards the high level of training,
professionalism, and respect for the personnel of a Physical Security
Organization of a nuclear power facility by excluding them.

This bill adds a new subdivision to the section of law which
designates different employees as peace officers in order to
accommodate personnel of a Physical Security Organization of a
nuclear power facility. With this bill, the highly trained and


respected men and women who keep our nuclear power facilities secure
will finally be recognized as peace officers under the law.

LEGISLATIVE HISTORY:
S.5213 of 2009 - Referred to Codes
S.5213-A of 2010 - Passed Senate

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  3825

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 7, 2011
                               ___________

Introduced  by  Sens.  RITCHIE, ADAMS -- 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  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 14 to read as follows:
  14.  TRAINED  PERSONNEL  OF  THE PHYSICAL SECURITY ORGANIZATION   OF A
NUCLEAR FACILITY  LICENSED  BY  THE  UNITED  STATES  NUCLEAR  REGULATORY
COMMISSION  RESPONSIBLE FOR MAINTAINING SAFEGUARDS AND PROTECTION PURSU-
ANT TO THE LICENSEE'S  SECURITY  PLAN  WHEN  ACTING  PURSUANT  TO  THEIR
SPECIAL  DUTIES  IN  MATTERS RELATING TO MAINTAINING SUCH SAFEGUARDS AND
PROTECTIONS; 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 PURSU-
ANT TO SECTION 400.00 OF THE PENAL LAW.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00483-01-1

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