Senate Bill S1870

                                 BILL NUMBER:  S1870A

 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.