senate Bill S7241

Vetoed By Governor
2011-2012 Legislative Session

Relates to including members of the fire investigation unit in the city of Schenectady as peace officers

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Archive: Last Bill Status Via A10116 - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2012 tabled
vetoed memo.175
Dec 05, 2012 delivered to governor
Jun 12, 2012 returned to assembly
passed senate
3rd reading cal.1157
substituted for s7241
Jun 12, 2012 substituted by a10116
ordered to third reading cal.1157
committee discharged and committed to rules
May 02, 2012 referred to codes

Votes

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S7241 - Bill Details

See Assembly Version of this Bill:
A10116
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.10, CP L

S7241 - Bill Texts

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Relates to including members of the fire investigation unit in the city of Schenectady as peace officers.

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BILL NUMBER:S7241

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to including members of
the fire investigation unit in the city of Schenectady as peace officers

PURPOSE:
To improve the ability to investigate and solve arson crimes in the
City of Schenectady.

SUMMARY OF PROVISIONS:
Amends Subdivision 51 of Section 2.10 of the Criminal Procedure Law to
allow officers and members of a fire investigation division of the
City of Schenectady to be designated as peace officers.

EXISTING LAW:
Section 2.10(51) of the Criminal Procedure Law currently designates
officers and members of the fire investigation divisions of the
cities of Rochester, Binghamton and Utica as peace officers.
Subdivisions 28, 44 and 75 provide similar designation for the cities
of New York and Buffalo. Subdivision 79 designates members of the
arson investigation bureau and fire inspection bureau of the NYS
Office of Fire Prevention and Control as peace officers.

JUSTIFICATION:
The City of Schenectady has requested this legislation to help it
combat the problem of arson.
By allowing the City to designate certain fire personnel as peace
officers, this legislation will enable Schenectady to utilize the
expertise and skills of fire department investigators to address this
dangerous crime.

Peace officer designation will provide these personnel with valuable
powers that will greatly assist in the investigation of arson, such
as the necessary legal authority to secure evidence, interview and
take statements from witnesses, obtain relevant insurance records and
financial information, and assist in criminal prosecutions.

The Legislature has previously granted peace officer status to fire
department investigators in some specific cities, including Utica and
Binghamton. This bill recognizes that properties in cities are
frequently the target of arson, and urban police forces face numerous
demands and have limited resources to devote to these types of cases.
However, cities do have professional firefighter departments that can
help investigate and solve these crimes. Fire department
investigators have extensive experience with fire and can greatly
contribute to addressing the problem of arson.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


Immediately.

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

                                  7241

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  FARLEY -- 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  including
  members  of  the fire investigation unit in the city of Schenectady as
  peace officers

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

  Section  1.  Subdivision  51 of section 2.10 of the criminal procedure
law, as amended by chapter 294 of the laws of 1992, is amended  to  read
as follows:
  51.  Officers  and  members  of the fire investigation division of the
fire department of the city of Rochester, the city  of  Binghamton,  THE
CITY OF SCHENECTADY and the city of Utica, when acting pursuant to their
special  duties in matters arising under the laws relating to fires, the
extinguishment thereof and fire perils; 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 pursuant 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.
                                                           LBD14505-01-2

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