senate Bill S541A

Signed By Governor
2011-2012 Legislative Session

Relates to powers of certain federal law enforcement officers

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Sponsored By

Archive: Last Bill Status Via A478 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 signed chap.407
Aug 05, 2011 delivered to governor
Jun 15, 2011 returned to assembly
passed senate
3rd reading cal.1089
substituted for s541a
Jun 15, 2011 substituted by a478a
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1089
May 17, 2011 reported and committed to finance
May 05, 2011 print number 541a
amend (t) and recommit to codes
Jan 05, 2011 referred to codes

Votes

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Jun 7, 2011 - Finance committee Vote

S541A
30
3
committee
30
Aye
3
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

May 17, 2011 - Codes committee Vote

S541A
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S541 - Bill Details

See Assembly Version of this Bill:
A478A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §2.15, CP L
Versions Introduced in 2009-2010 Legislative Session:
S1870A

S541 - Bill Texts

view summary

Relates to powers of certain federal law enforcement officers, including law enforcement security officers, criminal investigator and police officers of the Federal Protective Service.

view sponsor memo
BILL NUMBER:S541

TITLE OF BILL:

An act
to amend the criminal procedure law, in relation to enacting the
"Homeland
Security peace officer status act"

PURPOSE:

To reaffirm that police officers, inspectors and special agents of the
Federal Protective Service of the U.S. Department of Homeland
Security retain the powers of peace officers under New York State Law.

SUMMARY OF PROVISIONS:

Section 1 specifies the bill's short title as ~Homeland Security peace
officer status act."

Section 2 adds a new Criminal Procedure Law section 2.15 (28) to
provide that police officers, inspectors and special agents of the
Federal Protective service clearly retain their status as state peace
officers when acting pursuant to their official federal law
enforcement duties.

JUSTIFICATION:

At one point, the Federal Protective Service Was a branch of the
General Services Administration and the U.S. Immigration and Customs
Enforcement Department. The responsibility of the Federal Protective
Service was then and continues to be to guard and investigate threats
against the more than 8,800 federal offices and facilities
nationwide, including many high-profile federal facilities across New
York State. Under CPL section 2.15(3)the Federal Protective Service
was granted peace officer status because it was a part of the U.S.
Immigration and Customs Enforcement. However, in 2003, the Federal
Protective Service was transferred to become part of the Department
of Homeland Security, so CPL section 2.15 (3) and (11) do not apply
to them any longer.

This bill merely adds a new subdivision (28) to add the Federal
Protective Service, now under the U.S. Department of Homeland
Security, back into New York State law and clearly restore the police
powers that they once had. Examples of other federal law enforcement
officials that have this status include members of the FBI, Secret
Service, U.S. Marshalls, U.S. Postal Service police officers and
inspectors, and the Internal Revenue Service. As with these other
branches, this police force is a highly trained unit that should have
the same peace officer status as the above named law enforcement
agencies.

LEGISLATIVE HISTORY:

2010 - S.1870-A KLEIN/A.7115-A Lancman - REFERRED TO CODES
2009 - S.1870 KLEIN/A.7115 Lancman - REFERRED TO CODES
2008 - S.7029 KLEIN - REFERRED TO CODES


FISCAL IMPLICATIONS:

None.

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
________________________________________________________________________

                                   541

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, HASSELL-THOMPSON -- 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 enacting  the
  "Homeland Security peace officer status act"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Homeland Security peace officer status act".
  S 2. Section 2.15 of the criminal procedure law is amended by adding a
new subdivision 28 to read as follows:
  28.  FEDERAL  PROTECTIVE  SERVICE  OF  THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY POLICE OFFICERS, INSPECTORS AND SPECIAL AGENTS.
  S 3. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01330-02-1

Co-Sponsors

S541A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A478A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §2.15, CP L
Versions Introduced in 2009-2010 Legislative Session:
S1870A

S541A (ACTIVE) - Bill Texts

view summary

Relates to powers of certain federal law enforcement officers, including law enforcement security officers, criminal investigator and police officers of the Federal Protective Service.

view sponsor memo
BILL NUMBER:S541A

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to powers of
certain federal law enforcement officers

PURPOSE:
To reaffirm that law enforcement security
officers, criminal
investigators and police officers of the Federal Protective Service
of the U.S.
Department of Homeland Security retain the powers of peace officers
under New York State Law.

SUMMARY OF PROVISIONS:
Section 1: Amends Criminal Procedure Law
section 2.15 (6) to provide that law enforcement security officers,
criminal investigators and police officers of the Federal Protective
Service clearly retain the powers of a peace officer as enumerated in
section 2.20 of the Criminal Procedure Law."

JUSTIFICATION:
At one point, the Federal Protective Service was a
branch of the General Services Administration and the U.S.
Immigration and Customs Enforcement Department. The responsibility of
the Federal Protective Service was then and continues to be provide
protection to the more than 9,000 facilities, owned and leased by the
General Services Administration of the Federal Government, including
many high profile federal facilities across New York State. Under CPL
section 2.15(3) the Federal Protective Service was granted the powers
of peace officers because it was a part of the U.S. Immigration and
Customs Enforcement. However, in 2003, the Federal Protective Service
was transferred to become part of the Department of Homeland
Security, so their powers are no longer clearly delineated in statute.

This bill amends Subdivision (6) to clearly include the officers
within the Federal Protective Service, now under the U.S. Department
of Homeland Security, and clearly reaffirm the powers that they
possessed under other Federal agencies. Examples of other Federal law
enforcement officials that have these powers include members of the
FBI, Secret Service, U.S. Marshals, U.S. Postal Service police
officers and inspectors, and the Internal Revenue Service. As with
these other branches, these officers are part of a highly trained
unit that should have the same power as the above named law
enforcement agencies.

LEGISLATIVE HISTORY:
A.7115 (2010).

FISCAL IMPLICATIONS:
None.

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
________________________________________________________________________

                                 541--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the criminal procedure law, in relation to powers of
  certain federal law enforcement officers

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

  Section  1.  Subdivision  6  of section 2.15 of the criminal procedure
law, as amended by chapter 68 of the laws of 1983, is amended to read as
follows:
  6. Federal Protective Officers,  INCLUDING  LAW  ENFORCEMENT  SECURITY
OFFICERS,  CRIMINAL  INVESTIGATORS  AND  POLICE  OFFICERS OF THE FEDERAL
PROTECTIVE SERVICE.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01330-03-1

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