senate Bill S2949

2011-2012 Legislative Session

Designates security hospital treatment assistants in the office of mental health as peace officers

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1147
committee discharged and committed to rules
Jan 04, 2012 referred to codes
Feb 03, 2011 referred to codes

Votes

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S2949 - Bill Details

See Assembly Version of this Bill:
A471
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.10, CP L
Versions Introduced in 2009-2010 Legislative Session:
S3003, A737

S2949 - Bill Texts

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Designates security hospital treatment assistants in the office of mental health as peace officers while performing duties in or arising out of the course of such person's employment.

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BILL NUMBER:S2949

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to certain
persons designated as
peace officers

PURPOSE:
To designate security hospital treatment assistants as peace officers.

SUMMARY OF PROVISIONS:
Section one amends subdivision 52 of Section 2.10 of the criminal
procedure law to designate security hospital treatment assistants as
peace officers while performing duties in or arising out of the
course of their employment. An appropriate license must still be
issued pursuant to section 400.00 of the penal law for such person to
carry, possess, repair or dispose of a firearm.

Section two states the effective date.

JUSTIFICATION:
Currently, section 7.25 of the mental hygiene law specifies that the
commissioner and the directors of the in-patient facilities in the
office of mental health may designate safety officers to act as
special policemen whose duty is to preserve peace and good order in
these facilities. These designated officers acting as special
policemen possess all the powers of peace officers. SHTAs, as front
line staff members in the mental health system, deal with the
criminally insane on a day-to-day basis. This legislation would
designate security hospital treatment assistants as peace officers
and insure that the front line staff is guaranteed a safe and secure
working environment with training appropriate to the clientele and
nature of the job.

LEGISLATIVE HISTORY:
2010: Referred to Codes/A.737 - Referred to Codes
2009: Referred to Codes/A.737 - Referred to Codes
2008: S.8402 - Passed Senate
2007: A.6070 - Referred to Codes
2005: A.1685 - Vetoed No. 9
2004: A.11140 - Referred to Rules
2002: A.6153 - Died in Codes Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                  2949

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal  procedure  law,  in  relation  to  certain
  persons designated as peace officers

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

  Section 1. Subdivision 52 of section 2.10 of  the  criminal  procedure
law,  as added by chapter 969 of the laws of 1983, is amended to read as
follows:
  52.  Security hospital treatment assistants[, as so designated by  the
commissioner  of]  IN  the  office  of mental health while [transporting
persons convicted of a crime to court, to other  facilities  within  the
jurisdiction  of  the  office of mental health, or to any state or local
correctional facility] PERFORMING DUTIES IN OR ARISING OUT OF THE COURSE
OF THEIR EMPLOYMENT; provided, however, that nothing in this subdivision
shall be deemed to authorize such employee to carry, possess, repair  or
dispose  of  a  firearm unless the appropriate license therefor has been
issued pursuant to section 400.00 of THE penal law.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02003-01-1

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