senate Bill S7249

2011-2012 Legislative Session

Designates certain persons appointed by a county sheriff's office 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 20, 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.941
May 02, 2012 referred to codes

Votes

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S7249 - Bill Details

See Assembly Version of this Bill:
A10645
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §2.10, CP L

S7249 - Bill Texts

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Designates certain persons appointed by a county sheriff's office, outside of the city of New York, when acting pursuant to their special duties serving as uniformed deputies working in a specialized function including but not limited to mounted patrol, marine patrol, snowmobile patrol, ATV patrol, forensic, scientific, or aviation as peace officers.

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BILL NUMBER:S7249

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to designating certain
persons appointed by a county sheriff's office as peace officers

PURPOSE:
To grant peace officer status to certain qualified appointees of a
county sheriff's office.

SUMMARY OF PROVISIONS:
Section 1. Adds specialized uniformed appointees of a county sheriff's
office who have completed the peace officer training to the
definition of peace officer.

Section 2. Effective date.

JUSTIFICATION:
In sheriff's offices all throughout the state, there are certain
part-time deputies that do not have peace officer powers pursuant to
Criminal Procedure Law §2.20. These part-time deputies carry out the
same duties as other full-time deputies but do not have all the
necessary powers of peace officers.

The sole impediment to their status as peace officers is that they are
not listed explicitly in Criminal Procedure Law §2.10, the section of
law that defines peace officers. Many part-time deputies already
satisfy the peace officer training requirements of Criminal Procedure
Law 2.30.
The part-time deputies in counties such as Erie have completed all of
the 99 hours of coursework as set forth by the Municipal Police
Training Council. The coursework includes instruction in preliminary
investigation, information development, arrest techniques,
interpersonal skills, firearm safety, criminal procedure law, and
ethical awareness among other subject areas. This bill would in no
way by itself would authorize a part-time deputy from using,
carrying, or
disposing of a firearm. The deputy would still have to be licensed
pursuant to Penal Law §400.00.

This approach to peace officer definition moves beyond the piecemeal
approach that has been used in previous years. Any uniformed
appointee of a sheriff's office who has undergone the required
training and carries out law enforcement duties in a specialized
function should be eligible for peace officer status.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to 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
________________________________________________________________________

                                  7249

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by Sen. GALLIVAN -- 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  designating
  certain  persons appointed by a county sheriff's office as peace offi-
  cers

  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 83 to read as follows:
  83. PERSONS APPOINTED BY A COUNTY SHERIFF'S  OFFICE,  OUTSIDE  OF  NEW
YORK  CITY,  WHEN  ACTING  PURSUANT  TO  THEIR SPECIAL DUTIES SERVING AS
UNIFORMED DEPUTIES WORKING IN A SPECIALIZED FUNCTION INCLUDING  BUT  NOT
LIMITED TO MOUNTED PATROL, MARINE PATROL, SNOWMOBILE PATROL, ATV PATROL,
FORENSIC,  SCIENTIFIC,  OR AVIATION. SUCH PERSONS MUST HAVE SUCCESSFULLY
COMPLETED PEACE OFFICER TRAINING PURSUANT TO SECTION 2.30 OF THIS  ARTI-
CLE. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFI-
CER  OR  AGENT 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.
                                                           LBD15408-01-2

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