senate Bill S92A

Designates certain persons appointed by a county sheriff's office 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 / Jan / 2013
    • REFERRED TO CODES
  • 01 / May / 2013
    • AMEND (T) AND RECOMMIT TO CODES
  • 01 / May / 2013
    • PRINT NUMBER 92A
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 06 / May / 2014
    • 1ST REPORT CAL.568
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Designates certain persons appointed by a county sheriff's office, outside of the city of New York, when acting pursuant to their special duties serving as uniformed deputies working in a specialized function including but not limited to mounted patrol, marine patrol, snowmobile patrol, ATV patrol, forensic, scientific, or aviation as peace officers.

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Bill Details

Versions:
S92
S92A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §2.10, CP L
Versions Introduced in 2011-2012 Legislative Cycle:
S7249

Votes

13
3
13
Aye
3
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S92A

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to designating certain persons appointed by a county
sheriff's office as peace officers

PURPOSE:

To grant peace officer status to certain qualified appointees of a
county sheriffs office.

SUMMARY OF PROVISIONS:

Section 1. Adds specialized uniformed appointees of a county sheriff's
office who have completed the peace officer training to the definition
of peace officer.

Section 2. This act shall take effect immediately.

JUSTIFICATION:

In sheriffs' offices all throughout the state, there are certain
part-time deputies that do not have peace officer powers pursuant to
Criminal Procedure Law § 2.20. These part-time deputies carry out the
same duties as other full-time deputies but do not have all the
necessary powers of peace officers.

The sole impediment to their status as peace officers is that they are
not listed explicitly in Criminal Procedure Law § 2.10, the section of
law that defines peace officers. Many part-time deputies already
satisfy the peace officer training requirements of Criminal Procedure
Law § 2.30. The part-time deputies in counties such as Erie have
completed all of the 99 hours of coursework as set forth by the
Municipal Police Training Council. The coursework includes instruction
in preliminary investigation, information development, arrest
techniques, interpersonal skills, firearm safety, criminal procedure
law, and ethical awareness among other subject areas. This bill would
in no way by itself authorize a part-time deputy from using, carrying,
or disposing of a firearm. The deputy would still have to be licensed
pursuant to Penal Law § 400.00

This approach to peace officer definition moves beyond the piecemeal
approach that has been used in previous years. Any uniformed appointee
of a sheriffs office who has undergone the required training and
carries out law enforcement duties in a specialized function should be
eligible for peace officer status.

LEGISLATIVE HISTORY:

2011-12: S.7249/A.10645 Passed Senate/Referred to Codes

FISCAL IMPLICATIONS:

None to 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
________________________________________________________________________

                                  92--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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 designating
  certain persons appointed by a county sheriff's office as peace  offi-
  cers

  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 84 to read as follows:
  84.  PERSONS  APPOINTED  BY  A COUNTY SHERIFF'S OFFICE, OUTSIDE OF NEW
YORK CITY, WHEN ACTING PURSUANT  TO  THEIR  SPECIAL  DUTIES  SERVING  AS
UNIFORMED  DEPUTIES  WORKING IN A SPECIALIZED FUNCTION INCLUDING BUT NOT
LIMITED TO MOUNTED PATROL, MARINE PATROL, SNOWMOBILE PATROL, ATV PATROL,
FORENSIC, SCIENTIFIC, OR AVIATION. SUCH PERSONS MUST  HAVE  SUCCESSFULLY
COMPLETED  PEACE OFFICER TRAINING PURSUANT TO SECTION 2.30 OF THIS ARTI-
CLE. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFI-
CER OR AGENT 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.
                                                           LBD01948-03-3

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