NY State Assembly Bill 2009-A7115

Assembly Bill A7115

2009-2010 Legislative Session

Grants peace officer status to police officers, inspectors and special agents of the federal protective service of the U.S. Department of Homeland Security

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2010	print number 7115a
Jan 19, 2010	amend (t) and recommit to codes
Jan 06, 2010	referred to codes
Mar 20, 2009	referred to codes

Bill Amendments

Original

A (Active)

2009-A7115 - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §2.15, CP L

2009-A7115 - Summary

Grants peace officer status to police officers, inspectors and special agents of the Federal Protective Service of the United States Department of Homeland Security.

2009-A7115 - Bill Text download pdf

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

                                  7115

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2009
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the criminal procedure law, in relation  to  designating
  police  officers,  inspectors  and special agents of the United States
  department of homeland security federal protective services (DHS)

  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 83 to read as follows:
  83. POLICE OFFICERS, INSPECTORS  AND  SPECIAL  AGENTS  OF  THE  UNITED
STATES DEPARTMENT OF HOMELAND SECURITY FEDERAL PROTECTIVE SERVICES (DHS)
WHEN  ACTING  PURSUANT  TO THEIR OFFICIAL DUTIES AS SUCH, SHALL HAVE THE
POWERS SET FORTH IN SECTION 2.20 OF  THIS  ARTICLE;  PROVIDED,  HOWEVER,
THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFI-
CERS TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS THE APPRO-
PRIATE  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.
                                                           LBD05258-01-9

2009-A7115A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §2.15, CP L

2009-A7115A (ACTIVE) - Summary

Grants peace officer status to police officers, inspectors and special agents of the Federal Protective Service of the United States Department of Homeland Security.

2009-A7115A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7115A

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to granting peace officer status to police officers,
inspectors and special agents of the Federal Protective Service of the
United States Department of Homeland Security

PURPOSE:
To reaffirm that Police officers, inspectors and special agents 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: Adds a new Criminal Procedure Law section 2.15 (28) to
provide that police officers, inspectors and special agents of the
Federal Protective Service clearly retain their status as state peace
officers when acting pursuant to their official federal law
enforcement duties.

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 to guard and investigate threats

against the more than 8,800 federal offices and facilities nationwide,
including many high profile federal facilities across New York State.
Under CPL section 2.15(3)the Federal Protective Service was granted
peace officer status 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 CPL section 2.15 (3) and (11) does not apply to them any
longer.

This bill merely adds a new Subdivision (28) to clearly add the
Federal Protective Service, now under the U.S. Department of Homeland
Security, back into New York State law and clearly restore the police
powers that they once had. Examples of other Federal law enforcement
officials that have this status include members of the FBI, Secret
Service, U.S. Marshalls, U.S. Postal Service police officers and
inspectors, and the Internal Revenue Service. As with these other
branches, this police force is a highly trained unit that should have
the same peace officer status as the above named law enforcement
agencies.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2009-A7115A (ACTIVE) - Bill Text download pdf

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

                                 7115--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2009
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Codes -- recommitted to the Committee on  Codes  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the criminal procedure  law,  in  relation  to  granting
  peace officer status to police officers, inspectors and special agents
  of  the  Federal Protective Service of the United States Department of
  Homeland Security

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

  Section  1.  Section  2.15 of the criminal procedure law is amended by
adding a new subdivision 28 to read as follows:
  28. FEDERAL PROTECTIVE SERVICE OF  THE  UNITED  STATES  DEPARTMENT  OF
HOMELAND SECURITY POLICE OFFICERS, INSPECTORS AND SPECIAL AGENTS.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05258-03-0

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