senate Bill S7440

2011-2012 Legislative Session

Relates to peace officer powers of safety 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 13, 2012 referred to codes
delivered to assembly
passed senate
Jun 12, 2012 advanced to third reading
Jun 11, 2012 2nd report cal.
Jun 06, 2012 1st report cal.1140
May 17, 2012 referred to mental health and developmental disabilities

Votes

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Jun 6, 2012 - Mental Health and Developmental Disabilities committee Vote

S7440
8
0
committee
8
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Mental Health and Developmental Disabilities Committee Vote: Jun 6, 2012

aye wr (2)

S7440 - Bill Details

See Assembly Version of this Bill:
A10231
Current Committee:
Assembly Codes
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§7.25 & 13.25, Ment Hyg L; amd §455, Pub Health L

S7440 - Bill Texts

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Relates to peace officer powers of safety officers.

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BILL NUMBER:S7440

TITLE OF BILL:
An act
to amend the mental hygiene law and the public health law,
in relation to peace
officer powers of
safety officers

PURPOSE OR GENERAL IDEA OF BILL:
Provides that certain mental hygiene safety officers possess all
peace officer powers.

SUMMARY OF SPECIFIC PROVISIONS:
* Subdivision (a) of section 7.25 of the mental hygiene law as amended
by chapter 22 of the laws of 1984 is amended.

* Subdivision (a) of section 13.25 of the mental hygiene law as
amended by chapter 969 of the laws of 1983 is amended.

* Section 455 of the public health law as amended by chapter 643 of
the laws of 1980 is amended

JUSTIFICATION:
New York State's safety officers work for the Office of
Mental Health and the Office of Mental Retardation and Developmental
Disabilities. Safety officers patrol and inspect treatment facilities
handling all safety and security issues and prevent endangerment of
patients and persons with disabilities, employees, visitors and
property. The safety officers are also charged with fire protection
duties.
Safety officers work with difficult client populations and the
facilities are often located in areas with increasing incidence of
crime.

Like other law enforcement personnel, peace officer status should be
provided to them on a full time basis. There is no justification to
limit peace officer status to only their course of employment. Safety
officers are fully qualified and trained as peace officers.

PRIOR LEGISLATIVE HISTORY:
A.11205 of 2000
A.10005 of 2002
A.5505 of 2003

FISCAL, IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  7440

                            I N  S E N A T E

                              May 17, 2012
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law and the  public  health  law,  in
  relation to peace officer powers of safety officers

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

  Section 1. Subdivision (a) of section 7.25 of the mental hygiene  law,
as  amended  by  chapter  22  of the laws of 1984, is amended to read as
follows:
  (a) The commissioner and the directors of in-patient facilities in the
office of mental health [may] SHALL designate safety officers to act  as
special  policemen whose duty it shall be, under orders of the appropri-
ate officer, to preserve peace and good  order  in  facilities  of  such
office  and  to fully protect the grounds, buildings, and patients. Such
safety officers [acting as special  policemen]  shall  possess  all  the
powers  of  peace officers, as set forth in section 2.20 of the criminal
procedure law[, while performing duties in or arising out of the  course
of  their employment]. Such peace officers when acting pursuant to their
special duties may issue and serve a simplified traffic information  and
appearance  ticket,  in the form prescribed by the commissioner of motor
vehicles pursuant to section two hundred seven of the vehicle and  traf-
fic law, upon a person when he has reasonable cause to believe that such
person  has  committed  a  traffic infraction in his presence, and shall
have the power to issue and serve an appearance  ticket  as  defined  in
section 150.10 of the criminal procedure law for an offense other than a
felony in lieu of an arrest.
  S  2.  Subdivision  (a) of section 13.25 of the mental hygiene law, as
amended by chapter 969 of the laws  of  1983,  is  amended  to  read  as
follows:
  (a)  The commissioner and the directors of facilities under his juris-
diction [may] SHALL designate safety officers to act as special  police-
men  whose duty it shall be, under orders of the appropriate officer, to
preserve peace and good order in such facilities and  to  fully  protect

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15782-01-2

S. 7440                             2

the  grounds,  buildings,  and patients. Such safety officers [acting as
special policemen] shall possess all the powers of  peace  officers,  as
set forth in section 2.20 of the criminal procedure law[, while perform-
ing  duties  in or arising out of the course of their employment].  Such
peace officers when acting pursuant to their special  duties  may  issue
and serve a simplified traffic information and appearance ticket, in the
form  prescribed  by  the  commissioner  of  motor  vehicles pursuant to
section two hundred seven of the vehicle and traffic law, upon a  person
when he has reasonable cause to believe that such person has committed a
traffic  infraction  in  his presence, and shall have the power to issue
and serve an appearance ticket as defined in section 150.10 of the crim-
inal procedure law for an offense other than a  felony  in  lieu  of  an
arrest.
  S  3.  Section 455 of the public health law, as amended by chapter 843
of the laws of 1980, is amended to read as follows:
  S 455. Hospitals; special policemen; powers and duties. 1. The  direc-
tor of each hospital in the department [may] SHALL designate [attendants
or  other  employees]  SAFETY OFFICERS to act as special policemen whose
duty it shall be under  the  orders  of  the  director  to  protect  the
grounds,  buildings  and patients of the hospital and to eject therefrom
disorderly persons. Such [attendants and employees,  acting  as  special
policemen,]  SAFETY OFFICERS shall possess all the powers of peace offi-
cers, as set forth in section 2.20 of the criminal  procedure  law[,  on
the grounds and premises].
  2.  The designation of such [attendants and employees] SAFETY OFFICERS
as special policemen in pursuance hereof, shall not be deemed to  super-
sede,  on  the  grounds  and premises of such hospital, the authority of
peace or police officers of the jurisdiction within which such  hospital
is located.
  S 4. This act shall take effect immediately.

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