S T A T E   O F   N E W   Y O R K
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                                  7937

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 25, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to  amend  the  executive  law,  in relation to reassignment of
  certain officers of the bureau of criminal investigation  after  three
  years of continuous employment

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

  Section 1. Subdivision 1 of section  216  of  the  executive  law,  as
amended  by  chapter  128  of  the  laws  of 1968, is amended to read as
follows:
  1. The superintendent may continue, within the New York state  police,
a  bureau  of criminal investigation and assign to it members of the New
York state police in such numbers and appoint to it  such  investigative
specialists  in  such  numbers  as  may  be  required for the purpose of
preventing, investigating and detecting violations of the criminal  laws
of  the  state,  and  conducting  such  other  investigations  as may be
provided for by law.  Members of the New York state police  assigned  to
the  bureau  of  criminal  investigation  and  investigative specialists
appointed to the bureau by the superintendent shall be classified as (a)
investigators; (b) senior investigators; (c) lieutenants; (d)  captains;
provided,  however,  that  investigative  specialists  appointed  to the
bureau of criminal investigation may be appointed  as  investigators  or
senior  investigators at salaries to be determined by the superintendent
with the approval of the director of the budget within  the  range  from
minimum  to  maximum  provided  for in this section for the positions to
which appointments are made. Investigative specialists appointed to  the
bureau  of  criminal  investigation shall be deemed to be members of the
New York state police upon the filing by them of the constitutional oath
of office, but shall not be eligible for transfer to the  uniform  force
unless  otherwise  qualified  under  section two hundred fifteen of this
article.  INVESTIGATORS, SENIOR INVESTIGATORS, LIEUTENANTS AND  CAPTAINS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11694-01-1
              

A. 7937                             2

ASSIGNED  TO THE BUREAU OF CRIMINAL INVESTIGATION WHO HAVE SERVED IN THE
BUREAU OF CRIMINAL INVESTIGATION FOR A PERIOD OF THREE CONTINUOUS  YEARS
OR  MORE,  MAY  BE  INVOLUNTARILY REASSIGNED TO THE UNIFORM FORCE BY THE
SUPERINTENDENT FOR JUST CAUSE AFTER A HEARING; PROVIDED, HOWEVER, THAT A
HEARING  SHALL  NOT BE REQUIRED WHEN THE REASSIGNMENT FROM THE BUREAU OF
CRIMINAL INVESTIGATION TO THE UNIFORM FORCE IS BASED SOLELY  ON  REASONS
OF  ECONOMY,  CONSOLIDATION,  ABOLITION  OF  FUNCTIONS OR CURTAILMENT OF
ACTIVITIES. The superintendent may employ, from time to time, within the
appropriation, such skilled experts, scientists,  technicians  or  other
specially  qualified persons as he deems necessary to aid the bureau and
the New York state police in preventing or detecting crime, apprehending
criminals, or preparing and presenting evidence  of  violations  of  the
criminal  laws  of  the  state.  Upon  request  of the head of any state
department, or of any police agency or of any district  attorney  within
the  state,  the  superintendent may assign to such requesting authority
members of the state police attached to the bureau of criminal  investi-
gation  in  such  numbers  and  for  such periods of time as he may deem
necessary for  the  purpose  of  investigating  and  detecting  felonies
committed  within  the  state.  Members  of the state police assigned or
appointed to the bureau of criminal investigation are empowered to coop-
erate with departments of the United States government in  the  investi-
gation  of  violations of the federal laws of the grade of felony within
this state. The superintendent may, from time to time,  establish  head-
quarters  or  stations  in such localities of the state as he shall deem
most suitable for the efficient operation  of  the  bureau  of  criminal
investigation.
  S 2. This act shall take effect immediately.