BILL NUMBER:  S4701

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to granting
certain powers to certain officers of the United States


 PURPOSE :

This bill would classify Special Agents of the Social Security
Administration Office of Inspector General as peace officers.

 SUMMARY OF PROVISIONS :

This bill would amend the criminal procedure law by adding subdivision
28, which designates special agents from the Office of Inspector
General of the Social Security Administration as federal law
enforcement officers with peace officer status.

 JUSTIFICATION :

The Social Security Administration (SSA) Office of Inspector General
(OIG) Office of Investigations was established to protect SSA programs
and operations against waste, fraud, and abuse.  In part, this is
accomplished through investigative activity conducted by the SSA OIG
              

and often coordinated with other Federal, State and local law
enforcement officers.

Currently, there are 30 Special Agents permanently assigned to the New
York Field Division, which covers the States of New York and New
Jersey, with 21 Special Agents permanently assigned within the State
of New York. New York SSA OIG 01 Special Agents participate in the
Federal Bureau of Investigations (FBI) Joint Terrorism Task Forces,
the New York State Police Fugitive Felon Violent Felony Warrant
Squads, the New York State Police Upstate New York Regional
Intelligence Center (UNYRIC), the Central New York Financial Crimes
Task Force, the New York State Fraud Identity Task Force, the Social
Security Administration and New York State Attorney General
Cooperative Disability Investigation Unit (CDI), and the White House
Office of National Drug Control Policy's High Intensity Drug
Trafficking Area (HIDTA) program.

Many of the SSA OIG's investigations have resulted in criminal charges
brought by New York State prosecutors with the testimony of SSA OIG
Special Agents. In these cases, the arrests are usually executed by
the SSA OIG Special Agents working jointly with New York State law
enforcement agents. During SSA OIG investigations within New York
State, without other New York State law enforcement agents present,
the SSA OIG Special Agents have observed criminal activity in
violation of New York State law; however, because the agents do not
have peace officer status they are considered to be witnesses without
any statutory authority to make an arrest.

Amending section 2.15 of the New York criminal procedure law by adding
SSA OIG Special Agents to the list of Federal law enforcement agents
with New York State peace officer status will provide SSA OIG Special
Agents with the statutory authority to more effectively carry out
their investigative mission throughout New York State and lawfully
exercise the authority of peace officers to protect the residents of
New York and uphold the law.

 LEGISLATIVE HISTORY :

2007 - S.6765: Passed Senate
2008 - S.6765: Referred to Codes
 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act would take effect immediately.