senate Bill S5783

Authorize the Co-op City public safety department in Bronx county to appoint special policemen with certain specified powers

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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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  • 14 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Authorizes the Co-op City public safety department in Bronx county to appoint special policemen with certain specified powers, and grants peace officer status to special policemen and public safety officers so appointed.

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Bill Details

Versions:
S5783
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.10, CP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A10547
2009-2010: A9077

Sponsor Memo

BILL NUMBER:S5783

TITLE OF BILL: An act in relation to authorizing the Co-op City
public safety department in Bronx county to appoint special policemen
with certain specified powers, and to amend the criminal procedure
law, in relation to granting peace officer status to special policemen
so appointed

PURPOSE:

To codify the peace officer status of public safety officers at Co-op
City

SUMMARY OF PROVISIONS:

This bill codifies the status of public safety officers serving at
Co-op City in the Bronx by designating them as peace officers defined
in Section 2.10 of the Criminal Procedure Law.

JUSTIFICATION:;

The population and land area occupied by "Co-op City" in Bronx County
is the largest single housing project or complex in the State. In
fact, the complex was an actual incorporated city of the State, it
would become, based on the 2010 census, the sixth largest city by
population in the State.

The Public Safety Department for Co-op City currently employs 105
public safety officers who serve at no cost to the taxpayers and they
actively supplement and assist the Police Department for NYC in
providing law enforcement services to the complex. They are paid from
a monthly assessment on the residents owning apartments in the
complex. Their designation as peace officers will render the Public
Safety Department for Co-op City eligible for grants and other funds
from the state and federal governments. Their designation as peace
officers will not materially alter or increase any of their current
enforcement authority under Section 14-106 of the New York
Administrative Code. Their designation as peace officers will not be
deemed to supersede in any way the authority of NYPD to act under the
authority of law.

It is significant to note that public safety officers currently
carrying firearms while performing their special duties at the housing
complex, are not permitted, under the rules of the Co-op City Public
Safety Department, to posses them during their non-duty hours away
from the housing. complex. Further, the Public Safety Department
requires all of its firearms bearing officers to obtain licensure from
NYPD in order to possess a firearm while on duty.

LEGISLATIVE HISTORY:

Similar bills. A9077, Benedetto was introduced in 2009-10 and A10547,
Benedetto was introduced in 2012

FISCAL IMPACT:

None to state or NYC


EFFECTIVE DATE:

1st of November next succeeding the date on when it shall have become
law.

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

                                  5783

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT in relation to authorizing the Co-op City public  safety  depart-
  ment  in Bronx county to appoint special policemen with certain speci-
  fied powers, and to amend the criminal procedure law, in  relation  to
  granting peace officer status to special policemen so appointed

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

  Section 1. Legislative findings. The legislature finds that the  popu-
lation  and  land  area  under  the  supervision and jurisdiction of the
limited profit housing company known as "Co-op City" in Bronx county are
the largest of any single housing project or complex in  the  state  and
are  akin  to  the population and land area associated in popular under-
standing with a city. The legislature further finds that, unfortunately,
the larger the population and land area of a community, the  more  inci-
dents of crime are likely to occur and the greater the need for stepped-
up law enforcement activity, and this is no less true of Co-op City. The
legislature  further  finds  that the patrolmen of the housing company's
Co-op City public safety department perform what are essentially munici-
pal police functions at little or no cost to the taxpayers of this state
because the salaries and  law  enforcement  activities  of  the  housing
company's  Co-op City public safety department, which activities supple-
ment and often take the place of those of the police department  of  the
city  of  New  York, are paid for out of the monthly housing maintenance
payments of the residents of Co-op  City,  rather  than  from  municipal
coffers.  It  is clear that without the Co-op City public safety depart-
ment's patrolmen the city of New York and the taxpayers of the city  and
state would necessarily have to shoulder the sole burden of law enforce-
ment for Co-op City.
  Accordingly,  the legislature finds and declares that the unique situ-
ation and special conditions present with respect to the area and commu-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09933-03-3

S. 5783                             2

nity known as "Co-op City" in Bronx county are matters of state  concern
and  warrant  granting  the  patrolmen  of  the Co-op City public safety
department powers analogous to those granted  by  law  to  the  security
officers of the state university of New York contained in paragraph l of
subdivision  2 of section 355 of the education law, as specified herein-
below in this act. The legislature declares the necessity for the enact-
ment of this act in furtherance of its  police  powers  to  protect  the
public safety of the residents of this state.
  S  2. The public safety department of a limited profit housing company
known as "Co-op City", a company owning,  leasing  or  controlling  real
property  in  a  large  area  of  Bronx  county,  and its successors and
assigns, may appoint and at pleasure remove, one or more special police-
men. Every special policeman so appointed shall, within 15  days  there-
after,  before  entering on the duties of his office, take and subscribe
the oath of office prescribed in the thirteenth article of the constitu-
tion of the state of New York and file the same in  the  office  of  the
county  clerk  of  the county of Bronx. The compensation of such special
policemen shall be paid by such public safety department by  which  they
are appointed.
  S  3.  Subject  to  the provisions of the criminal procedure law, such
special policemen shall be peace officers for the limited profit housing
company known as "Co-op City" in Bronx county, or for its successors and
assigns. In addition thereto such special policemen shall have the power
and duty to preserve law and order on the grounds and other property  of
the  company  at  which  the  special  policeman  is appointed to serve,
including any public highway which crosses  or  adjoins  such  property.
Persons  so appointed shall, in the course of and in the actual perform-
ance of their official duties have the power to execute arrest  warrants
pursuant  to  article  120  of  the  criminal  procedure  law and search
warrants pursuant to article 690 of the  criminal  procedure  law.    In
addition,  such peace officers shall, in the course of and in the actual
performance of their official duties have the power to follow  a  person
in continuous close pursuit outside the grounds or other property of the
company  when the special policeman has reasonable cause to believe such
person has committed an offense on the grounds or other property of  the
company including any public highway which crosses or adjoins such prop-
erty,  and  may  arrest such person for such offense where the person is
apprehended, and shall have the power to issue and serve  an  appearance
ticket,  as defined in section 150.10 of the criminal procedure law, for
an offense other than a felony in lieu of an arrest,  and  a  simplified
traffic  information and appearance ticket in the form prescribed by the
commissioner of motor vehicles pursuant to section 207  of  the  vehicle
and  traffic  law, upon a person when he has reasonable cause to believe
that such person has committed a traffic offense in his presence on  the
sites  owned,  operated  and  maintained  by  the limited profit housing
company known as "Co-op City", and  where  applicable,  such  simplified
traffic informations shall be administered pursuant to the provisions of
article 2-A of the vehicle and traffic law.
  The  appointment  of such peace officers shall not be deemed to super-
sede in any way the authority of other peace officers  or  police  offi-
cers.
  Such  peace  officers shall have the power to prevent disturbances and
breaches of the peace in and about the parks, playgrounds, buildings and
grounds so owned, leased or controlled, and the approaches thereto,  and
shall  protect  and preserve the same from injury, and shall enforce the
established rules and regulations of the company. They  shall  have  the

S. 5783                             3

power  to  arrest,  or issue appearance tickets as authorized by article
150 of the criminal procedure law or any other law, administrative  code
or  local  law  to,  any  person  committing:  (i) any crime or offense,
including but not limited to any wilful trespass in said area or on such
grounds  or  property  or  in  or upon such buildings or on the streets,
avenues, and roads in  said  area  or  on  such  grounds,  or  (ii)  any
violation  of  the  provisions of, or traffic infraction defined by, the
vehicle and traffic law, or (iii) any violation of the traffic or  park-
ing  regulations  of  the  city  of  New York, and shall either issue an
appearance ticket as authorized by article 150 of the criminal procedure
law or any other law, administrative code or local  law  to,  or  convey
such  person  so  arrested  with a statement of the cause of such arrest
before a local criminal court having jurisdiction of the offense.
  Each such special policeman shall, when on duty, wear in plain view  a
metallic  shield  with  the words "special policeman", his rank, if any,
and the name of the public safety department of the limited profit hous-
ing company which appointed him inscribed thereon.
  S 4. Any wilful trespass in said area or upon any grounds  therein  or
the  buildings  and  approaches thereto; and any wilful injury to any of
the said buildings, grounds, area, or to any trees,  shrubbery,  fences,
fixtures or other property thereon or pertaining thereto, and any wilful
disturbance of the peace thereon shall constitute a misdemeanor.
  S  5.  The  provisions  of the vehicle and traffic law and the traffic
regulations and parking regulations of the city of New York shall  apply
and  extend  to the use, operation and maintenance  of motor vehicles on
the streets, avenues, and roads of the said Co-op City area or  on  such
grounds,  and shall apply with the same force and effect to the streets,
avenues, and roads of the said  area  as  they  apply  to  the  streets,
avenues  and roads of the city of New York. A violation thereof shall be
classifiable and punishable as provided in such law or regulations.
  S 6. a. Appearance tickets issued  by  Co-op  City  special  policemen
shall be returnable before a court, administrative tribunal or adjudica-
tory  body  having jurisdiction over the crime, offense, traffic infrac-
tion or parking violation charged, in the same manner and with the  same
effect, and with the same discretion where there is concurrent jurisdic-
tion  over what is charged respecting to which of the three above-listed
alternatives the appearance ticket shall be made returnable, as  appear-
ance  tickets  issued  by  city police or by enforcement officers of any
city agency.
  b. Where an appearance ticket has been served by a Co-op City  special
policeman  appointed  as provided in this act in lieu of arrest in cases
authorized by article 150 of the criminal procedure law, the officer  of
the  police  department of the city of New York assigned to desk duty in
the precinct in which the service of such appearance ticket is made,  is
hereby  authorized and directed to administer to such Co-op City special
policeman all necessary oaths in connection with the  execution  of  the
complaint to be presented in the local criminal court by such Co-op City
special policeman in the prosecution of such offense.
  S  7.  Section 2.10 of the criminal procedure law is amended by adding
two new subdivisions 84 and 85 to read as follows:
  84. PERSONS APPOINTED AS SPECIAL POLICEMEN FOR "CO-OP CITY"  IN  BRONX
COUNTY  BY  THE  PUBLIC  SAFETY  DEPARTMENT  OF A LIMITED PROFIT HOUSING
COMPANY OF THE SAME NAME PURSUANT TO THE PROVISIONS OF A CHAPTER OF  THE
LAWS  OF  TWO  THOUSAND THIRTEEN WHICH ADDED THIS SUBDIVISION, PROVIDED,
HOWEVER, THAT ANY PERSON SO APPOINTED MUST HAVE SATISFACTORILY COMPLETED
OR COMPLETE WITHIN ONE YEAR OF THE DATE OF HIS APPOINTMENT A  COURSE  OF

S. 5783                             4

LAW ENFORCEMENT TRAINING APPROVED BY THE MUNICIPAL POLICE TRAINING COUN-
CIL IN CONSULTATION WITH THE COMPANY AND SHALL BE SUBJECT TO ANY FURTHER
REQUIREMENTS  AS  ARE SPECIFIED IN SUCH CHAPTER OF THE LAWS OF TWO THOU-
SAND THIRTEEN, AS SUCH CHAPTER MAY, FROM TIME TO TIME, BE AMENDED.
  85.    (A)  PERSONS  SERVING  AS  PUBLIC SAFETY OFFICERS FOR A LIMITED
PROFIT HOUSING COMPLEX KNOWN AS "CO-OP CITY" IN BRONX COUNTY TO  PREVENT
CRIME AND ENFORCE THE LAW WHILE ACTING IN CONNECTION WITH THEIR SPECIAL-
IZED DUTIES OF EMPLOYMENT; PROVIDED HOWEVER, THAT NOTHING IN THIS SUBDI-
VISION  SHALL BE DEEMED TO AUTHORIZE ANY 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.
  (B)  PRIOR  TO  PERFORMING THE DUTIES PERMITTED UNDER PARAGRAPH (A) OF
THIS SUBDIVISION, A PERSON MUST HAVE SUCCESSFULLY COMPLETED THE TRAINING
REQUIREMENT SET FORTH IN SECTION 2.30 OF THIS ARTICLE AND ANY ADDITIONAL
PEACE OFFICER TRAINING REQUIRED BY THE MUNICIPAL POLICE TRAINING COUNCIL
IN ACCORDANCE WITH SECTION EIGHT HUNDRED THIRTY-NINE  OF  THE  EXECUTIVE
LAW.
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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