NY State Senate Bill 2009-S5555

Senate Bill S5555

Vetoed By Governor

2009-2010 Legislative Session

Designates federal Security and Safeguard Division personnel assigned to the U.S. Department of Energy Naval Reactors Laboratory Field Offices as peace officers

download bill text pdf

Archive: Last Bill Status Via A8354 - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2009	tabled
Aug 11, 2009	vetoed memo.42
Jul 31, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.814 substituted for s5555
Jul 16, 2009	substituted by a8354
Jul 15, 2009	ordered to third reading cal.814 committee discharged and committed to rules
May 15, 2009	referred to codes

Votes

- Jul 16, 2009 - Floor Vote
  A8354
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (4)
      
      Diaz
      
      Johnson
      
      Kruger
      
      Squadron
  Jul 15, 2009 - Rules Committee Vote
  S5555
  
  21
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 15, 2009
      
      aye (21)
      
      Dilan
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      nay (1)
      
      Parker
      
      aye wr (1)
      
      Duane
      
      excused (1)
      
      Johnson

2009-S5555 (ACTIVE) - Details

See Assembly Version of this Bill:: A8354
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §2.15, CP L

2009-S5555 (ACTIVE) - Summary

Designates federal Security and Safeguard Division personnel assigned to the United States Department of Energy Naval Reactors Laboratory Field Offices in New York state as peace officers.

2009-S5555 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5555

 TITLE OF BILL :
An act to amend the criminal procedure law, in relation to designating
federal Security and Safeguard Division personnel assigned to the
United States Department of Energy Naval Reactors Laboratory Field
Offices in New York, as peace officers


 PURPOSE :
This bill would confer peace officer status on US Department of Energy
Federal Security and Safeguard Division Personnel assigned to Naval
Reactors Laboratory Field Offices in the state of New York when acting
pursuant to their special duties within the geographical area of their
employment or within one hundred yards of such geographical area.

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends Section 2.15 of the Criminal Procedure
Law by adding a new subdivision 28. This new subdivision confers peace
officer status on US Department of Energy Federal Security and
Safeguard Division Personnel assigned to Naval Reactors Laboratory
Field Offices in the state of New York.

Section 2 establishes an effective date.

 JUSTIFICATION :

Similar to other federal government property within New York State,
Naval Reactor Laboratory Field Offices are currently policed by
federal law enforcement officers. However, under current law, these
federal law enforcement officers at that installation are not
authorized to exercise state peace officer powers (e.g., the authority
to arrest individuals, conduct searches and the ability to confiscate
illegal weapons) outside the formal boundaries of facility.  This
legislation would authorize these federal law enforcement personnel to
exercise the powers conferred on state peace officers under the
criminal procedure law when acting pursuant to their special duties
within the geographical area of their employment or within one hundred
yards of such geographical area. Security and Safeguard Division
Personnel are well-trained, law enforcement and security professionals
- who meet stringent hiring and retention s:andards proscribed by
Title 10 of the Code of Federal Regulations including random drug
testing, annual medical, psychological and physical fitness testing
and must maintain Top Secret security clearances. These officers are
authorized to be armed and make arrests without warrant in the
performance of their official duties for specific act3 under Titles 18
and 42 of the US code and Section 161 K of the Atomic Energy Act of
1954. Considering that the Naval Reactors Laboratory Field Offices are
dedicated to the development of nuclear propulsion system3 for US
warships, any and all measures that would insure security of the site
should be implemented.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5555 (ACTIVE) - Bill Text download pdf

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

    S. 5555                                                  A. 8354

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 15, 2009
                               ___________

IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. AMEDORE -- read once and  referred
  to the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to designating
  federal Security and Safeguard  Division  personnel  assigned  to  the
  United  States  Department  of  Energy Naval Reactors Laboratory Field
  Offices in New York, as peace officers

  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. UNITED STATES DEPARTMENT OF ENERGY FEDERAL SECURITY AND  SAFEGUARD
DIVISION  PERSONNEL  ASSIGNED TO NAVAL REACTORS LABORATORY FIELD OFFICES
IN THE STATE OF NEW YORK; PROVIDED, HOWEVER  THAT,  NOTWITHSTANDING  ANY
PROVISION  OF  THIS  SECTION TO THE CONTRARY, SUCH LAW ENFORCEMENT OFFI-
CIALS SHALL ALSO HAVE THE POWERS SET FORTH IN PARAGRAPH (B) OF  SUBDIVI-
SION  ONE  OF SECTION 140.25 OF THIS CHAPTER AND THE POWERS SET FORTH IN
PARAGRAPHS (D), (E) AND (G) OF SUBDIVISION ONE OF SECTION 2.20  OF  THIS
ARTICLE  WHEN  ACTING  PURSUANT  TO  THEIR  SPECIAL  DUTIES  WITHIN  THE
GEOGRAPHICAL AREA OF THEIR EMPLOYMENT OR WITHIN  ONE  HUNDRED  YARDS  OF
SUCH GEOGRAPHICAL AREA.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09711-01-9

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