senate Bill S3825

2011-2012 Legislative Session

Provides that trained personnel of the Physical Security Organization of a nuclear facility be given peace officer status

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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

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to codes
delivered to assembly
passed senate
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.932
Jan 04, 2012 referred to codes
returned to senate
died in assembly
May 23, 2011 referred to codes
delivered to assembly
passed senate
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.428
Mar 07, 2011 referred to codes

Votes

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May 30, 2012 - Codes committee Vote

S3825
13
3
committee
13
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 3, 2011 - Codes committee Vote

S3825
13
1
committee
13
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S3825 - Bill Details

See Assembly Version of this Bill:
A440
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.10, CP L
Versions Introduced in 2009-2010 Legislative Session:
S5213A, A10134A

S3825 - Bill Texts

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Provides that trained personnel of the Physical Security Organization of a nuclear facility be given peace officer status but shall not carry or possess a firearm.

view sponsor memo
BILL NUMBER:S3825

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

PURPOSE:
To provide peace officer status to the trained personnel of the
physical security organization of a nuclear facility.

SUMMARY:
Section 1 adds a new subdivision 14 to section 2.10 of the criminal
procedure law in order to include trained personnel of the Physical
Security Organization of a nuclear facility licensed by the United
States Nuclear Regulatory Commission responsible for maintaining
safeguards and protection pursuant to the licensee's security plan.
It applies only when the trained personnel are acting pursuant to
their special duties in matters relating to maintaining such
safeguards and protections. The bill also specifies that nothing in
the new subdivision shall be deemed to authorize such officer 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.

Section 2 states this act shall take effect immediately.

JUSTIFICATION:
The United States Nuclear Regulatory Commission regulates and licenses
all nuclear facilities and power plants in New York State. In order
to attain a license or renewal of a license, such facilities and
power plants, pursuant to federal law, must maintain a physical
security organization. The personnel of such physical security
organization, pursuant to federal law, must undergo, qualify and
periodically re-qualify, to the highest level of federally
established military and law enforcement training and education,
including all types of tactics and firearms.
The United States Nuclear Regulatory Commission holds these personnel
and their facilities to the highest standards, and the license of the
regulated facility is dependent upon the ability of such personnel to
meet and excel at the level of other federal law enforcement entities.

Section 2.10 of the criminal procedure law provides a list of over 70
types of employees designated as peace officers, ranging from
probation officers and park rangers to employees of
the insurance fraud bureau. As a peace officer, these individuals may
make warrantless arrests, use physical force to make arrests and
issue appearance tickets in accordance with the law.
However, current law disregards the high level of training,
professionalism, and respect for the personnel of a Physical Security
Organization of a nuclear power facility by excluding them.

This bill adds a new subdivision to the section of law which
designates different employees as peace officers in order to
accommodate personnel of a Physical Security Organization of a
nuclear power facility. With this bill, the highly trained and


respected men and women who keep our nuclear power facilities secure
will finally be recognized as peace officers under the law.

LEGISLATIVE HISTORY:
S.5213 of 2009 - Referred to Codes
S.5213-A of 2010 - Passed Senate

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  3825

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 7, 2011
                               ___________

Introduced  by  Sens.  RITCHIE, ADAMS -- 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  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. Section 2.10 of the criminal procedure law  is  amended  by
adding a new subdivision 14 to read as follows:
  14.  TRAINED  PERSONNEL  OF  THE PHYSICAL SECURITY ORGANIZATION   OF A
NUCLEAR FACILITY  LICENSED  BY  THE  UNITED  STATES  NUCLEAR  REGULATORY
COMMISSION  RESPONSIBLE FOR MAINTAINING SAFEGUARDS AND PROTECTION PURSU-
ANT TO THE LICENSEE'S  SECURITY  PLAN  WHEN  ACTING  PURSUANT  TO  THEIR
SPECIAL  DUTIES  IN  MATTERS RELATING TO MAINTAINING SUCH SAFEGUARDS AND
PROTECTIONS; PROVIDED, HOWEVER THAT NOTHING IN THIS SUBDIVISION SHALL BE
DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS, REPAIR OR DISPOSE OF
A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR HAS BEEN ISSUED PURSU-
ANT TO SECTION 400.00 OF THE PENAL LAW.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00483-01-1

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