S T A T E O F N E W Y O R K
________________________________________________________________________
3835
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law and the general municipal
law, in relation to designating investigators of the temporary state
commission of investigation as police officers; and to repeal subdivi-
sion 3 of section 2.10 of the criminal procedure law relating to
designation of investigators of state commission of investigation as
peace officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 34 of section 1.20 of the criminal procedure
law is amended by adding a new paragraph (w) to read as follows:
(W) INVESTIGATORS OF THE OFFICE OF TEMPORARY STATE COMMISSION OF
INVESTIGATION.
S 2. Subdivision 3 of section 2.10 of the criminal procedure law is
REPEALED.
S 3. Paragraph a of subdivision 2 of section 209-q of the general
municipal law, as amended by chapter 435 of the laws of 1997, is amended
to read as follows:
a. The term "police officer", as used in this section, shall mean AN
INVESTIGATOR OF THE TEMPORARY STATE COMMISSION OF INVESTIGATION, a
member of a police force or other organization of a municipality or a
detective or rackets investigator employed by the office of the district
attorney in any county located in a city of one million or more persons
who is responsible for the prevention or detection of crime and the
enforcement of the general criminal laws of the state, but shall not
include any person serving as such solely by virtue of his OR HER occu-
pying any other office or position, nor shall such term include a sher-
iff or under-sheriff, the sheriff or deputy sheriff of the city of New
York, commissioner of police, deputy or assistant commissioner of
police, chief of police, deputy or assistant chief of police or any
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05884-01-9
A. 3835 2
person having an equivalent title who is appointed or employed by a
county, city, town, village or police district to exercise equivalent
supervisory authority.
S 4. This act shall take effect immediately and shall apply to all
investigators of the temporary state commission of investigation
appointed after the effective date of this act and, notwithstanding any
inconsistent provision of law, to such investigators appointed prior to
such effective date provided they have satisfactorily completed an
approved municipal police basic training program pursuant to section
209-q of the general municipal law.