senate Bill S541A

Relates to powers of certain federal law enforcement 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

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 05 / May / 2011
    • AMEND (T) AND RECOMMIT TO CODES
  • 05 / May / 2011
    • PRINT NUMBER 541A
  • 17 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1089
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • SUBSTITUTED BY A478A

Summary

Relates to powers of certain federal law enforcement officers, including law enforcement security officers, criminal investigator and police officers of the Federal Protective Service.

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Bill Details

See Assembly Version of this Bill:
A478A
Versions:
S541
S541A
Legislative Cycle:
2011-2012
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.15, CP L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1870A
2007-2008: S7029

Votes

15
1
15
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S541A

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to powers of
certain federal law enforcement officers

PURPOSE:
To reaffirm that law enforcement security
officers, criminal
investigators and police officers of the Federal Protective Service
of the U.S.
Department of Homeland Security retain the powers of peace officers
under New York State Law.

SUMMARY OF PROVISIONS:
Section 1: Amends Criminal Procedure Law
section 2.15 (6) to provide that law enforcement security officers,
criminal investigators and police officers of the Federal Protective
Service clearly retain the powers of a peace officer as enumerated in
section 2.20 of the Criminal Procedure Law."

JUSTIFICATION:
At one point, the Federal Protective Service was a
branch of the General Services Administration and the U.S.
Immigration and Customs Enforcement Department. The responsibility of
the Federal Protective Service was then and continues to be provide
protection to the more than 9,000 facilities, owned and leased by the
General Services Administration of the Federal Government, including
many high profile federal facilities across New York State. Under CPL
section 2.15(3) the Federal Protective Service was granted the powers
of peace officers because it was a part of the U.S. Immigration and
Customs Enforcement. However, in 2003, the Federal Protective Service
was transferred to become part of the Department of Homeland
Security, so their powers are no longer clearly delineated in statute.

This bill amends Subdivision (6) to clearly include the officers
within the Federal Protective Service, now under the U.S. Department
of Homeland Security, and clearly reaffirm the powers that they
possessed under other Federal agencies. Examples of other Federal law
enforcement officials that have these powers include members of the
FBI, Secret Service, U.S. Marshals, U.S. Postal Service police
officers and inspectors, and the Internal Revenue Service. As with
these other branches, these officers are part of a highly trained
unit that should have the same power as the above named law
enforcement agencies.

LEGISLATIVE HISTORY:
A.7115 (2010).

FISCAL IMPLICATIONS:
None.

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
________________________________________________________________________

                                 541--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the criminal procedure law, in relation to powers of
  certain federal law enforcement officers

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

  Section  1.  Subdivision  6  of section 2.15 of the criminal procedure
law, as amended by chapter 68 of the laws of 1983, is amended to read as
follows:
  6. Federal Protective Officers,  INCLUDING  LAW  ENFORCEMENT  SECURITY
OFFICERS,  CRIMINAL  INVESTIGATORS  AND  POLICE  OFFICERS OF THE FEDERAL
PROTECTIVE SERVICE.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01330-03-1

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