senate Bill S6916

Relates to including members of the fire investigation unit of any city fire department as peace officers

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Sponsor

Bill Status


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

  • 11 / Apr / 2012
    • REFERRED TO CODES
  • 22 / May / 2012
    • 1ST REPORT CAL.873
  • 23 / May / 2012
    • 2ND REPORT CAL.
  • 30 / May / 2012
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO CODES

Summary

Relates to including members of the fire investigation unit of any city fire department as peace officers.

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Bill Details

See Assembly Version of this Bill:
A10087
Versions:
S6916
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.10, CP L

Sponsor Memo

BILL NUMBER:S6916

TITLE OF BILL:
An act to amend the criminal procedure law, in relation to including
members of the fire investigation unit of any city fire department as
peace officers

PURPOSE:
To improve the ability of cities to investigate and solve arson crimes.

SUMMARY OF PROVISIONS:
Amends Subdivision 51 of Section 2.10 of the Criminal Procedure Law to
allow officers and members of a fire investigation division of a city
fire department to be designated as peace officers.

EXISTING LAW:
Section 2.10(51) of the Criminal Procedure Law currently designates
officers and members of the fire investigation divisions of the cities
of Rochester, Binghamton and Utica as peace officers. Subdivisions 28,
44 and 75 provide similar designation for the cities of New York and
Buffalo. Subdivision 79 designates members of the arson investigation
bureau and fire inspection bureau of the NYS Office of Fire Prevention
and Control as peace officers.

JUSTIFICATION:
This bill will help cities throughout New York State combat the problem
of arson. By allowing cities to designate certain fire personnel as
peace officers, this legislation will enable cities to utilize the
expertise and skills of fire department investigators to address this
dangerous crime.

Peace officer designation will provide these personnel with valuable
powers that will greatly assist in the investigation of arson, such as
the necessary legal authority to secure evidence, interview and take
statements from witnesses, obtain relevant insurance records and finan-
cial information, and assist in criminal prosecutions.

The Legislature has previously granted peace officer status to fire
department investigators in some specific cities. However, over the past
couple of years, these types of local peace officer requests -- covering
a variety of purposes and personnel -- have been vetoed by the Execu-
tive. Instead, the Governor has expressed a preference for extending
such powers, where appropriate, to specific categories of employees on a
statewide basis, rather than on a municipal by municipal case.

This bill takes such an approach and would generally authorize all
cities to determine whether to designate certain fire department person-
nel as peace officers. The bill recognizes that cities face particular
needs and challenges. Properties in cities are frequently the target of
arson, and urban police forces face numerous demands and have limited
resources to devote to these types of cases. However, cities do have

professional firefighter departments that can help investigate and solve
these crimes. Fire department investigators have extensive experience
with fire and can greatly contribute to addressing the problem of arson.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  6916

                            I N  S E N A T E

                             April 11, 2012
                               ___________

Introduced  by  Sen.  FARLEY -- 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  including
  members  of the fire investigation unit of any city fire department as
  peace officers

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

  Section  1.  Subdivision  51 of section 2.10 of the criminal procedure
law, as amended by chapter 294 of the laws of 1992, is amended  to  read
as follows:
  51. Officers and members of the fire investigation division of [the] A
CITY  fire  department [of the city of Rochester, the city of Binghamton
and the city of Utica,] when acting pursuant to their special duties  in
matters  arising  under  the  laws relating to fires, the extinguishment
thereof and fire perils; provided, however, that nothing in this  subdi-
vision  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 immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14504-01-2

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