Assembly Bill A6845B

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

    S. 4443                                                  A. 6845

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              April 5, 2011
                               ___________

IN  SENATE -- Introduced by Sens. LANZA, SAVINO, KLEIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

IN  ASSEMBLY  --  Introduced by M. of A. MALLIOTAKIS, CUSICK, TOBACCO --
  read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure  law,  in  relation  to  granting
  peace  officer  status to certain designated employees of the Richmond
  county public administrator's office

  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. EMPLOYEES OF THE OFFICE OF THE RICHMOND COUNTY PUBLIC  ADMINISTRA-
TOR  DESIGNATED  BY  THE RICHMOND COUNTY PUBLIC ADMINISTRATOR; 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.
                                                           LBD10557-01-1


              

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

    S. 4443--A                                            A. 6845--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              April 5, 2011
                               ___________

IN  SENATE -- Introduced by Sens. LANZA, SAVINO, KLEIN -- 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

IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS,  CUSICK,  TOBACCO  --
  read  once  and  referred  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  granting
  peace  officer  status to certain designated employees of the Richmond
  county public administrator's office

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

  Section  1.    The  legislature  hereby finds that in order to promote
public safety and the safety of peace officers that the  chief  investi-
gator of the office of the Richmond county public administrator shall be
authorized  to  exercise  the  powers of peace officers. The legislature
finds that the officers so designated in this act are required by  occu-
pation  to  conduct  dangerous  investigations of decedent property that
exposes them to substantial risk of confrontation. Moreover, such  offi-
cers are often entrusted to carry valuables in the form of cash, jewelry
and other fungible items, exposing them to criminal mischief and harm to
their person. In addition, the legislature finds that, due to exigencies
of circumstance and the inability of local law enforcement to expend the
resources  necessary  to  protect such officers from harassment and harm
that the powers granted herein are necessary  for  the  safety  of  such
officers  and  for the public in general. The legislature finds that, in
order to mitigate risks to their persons,  the  officers  so  designated
shall  have  the  power  to  possess properly licensed firearms, to make

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10557-02-1

              

S. 4443--A                          2                         A. 6845--A

arrests without warrant and to use all necessary physical force, includ-
ing, as necessary, deadly force, to protect themselves and the public.
  S 2. Section 2.10 of the criminal procedure law is amended by adding a
new subdivision 83 to read as follows:
  83. THE CHIEF INVESTIGATOR OF THE OFFICE OF THE RICHMOND COUNTY PUBLIC
ADMINISTRATOR  DESIGNATED  BY  THE RICHMOND COUNTY PUBLIC ADMINISTRATOR;
PROVIDED THAT SUCH CHIEF INVESTIGATOR SHALL BE LIMITED TO THE  FOLLOWING
POWERS OF A PEACE OFFICER, AS SUCH POWERS ARE DEFINED IN SECTION 2.20 OF
THIS ARTICLE:
  (A) TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM;
  (B)  THE  POWER TO MAKE WARRANTLESS ARRESTS PURSUANT TO SECTION 140.25
OF THIS CHAPTER; AND
  (C) THE POWER TO USE PHYSICAL  FORCE  AND  DEADLY  PHYSICAL  FORCE  IN
MAKING  AN  ARREST  OR PREVENTING AN ESCAPE PURSUANT TO SECTION 35.30 OF
THE PENAL LAW.
  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 3. This act shall take effect immediately.