NY State Senate Bill 2013-S6146

Senate Bill S6146

2013-2014 Legislative Session

Relates to identification of retired police and peace officers and federal law enforcement officers

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2014	referred to governmental operations delivered to assembly passed senate
Jun 09, 2014	ordered to third reading cal.1212 committee discharged and committed to rules
Jan 08, 2014	referred to finance

Votes

- Jun 10, 2014 - Floor Vote
  S6146
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2014
      
      aye (58)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Smith
  Jun 9, 2014 - Rules Committee Vote
  S6146
  
  22
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  1
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2014
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Hassell-Thompson
      
      abstained (1)
      
      Perkins

co-Sponsors

2013-S6146 (ACTIVE) - Details

See Assembly Version of this Bill:: A9971
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §845, add §845-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3383, A2787
2017-2018: S4876, A6583

2013-S6146 (ACTIVE) - Summary

Provides for identification of retired police and peace officers and federal law enforcement officers; requires issuance of ID cards and inclusion in the state central registry of police and peace officers.

2013-S6146 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6146

TITLE OF BILL:  An act to amend the executive law, in relation to the
identification of retired police officers and peace officers

PURPOSE:

Requires that the Division of Criminal Justice Services issue a
statewide identification card to all retiring New York Police and
Peace officers.

SUMMARY OF PROVISIONS:

Section one provides that this bill may be referred to as the Retired
Law Enforcement Identification Act

Section two amends section 845 of the Executive Law by adding two new
subdivisions, six and seven. Subdivision six requires that the
Department of Criminal Justice services retain in the central registry
of police and peace officers the names of retired police and peace
officers and assign a unique personal identification nomher that shall
be maintained in the central state registry. Subdivision seven
requires that upon being informed of a retirement of a police or peace
officer the division shall issue to such a retiring officer a "Retired
Law Enforcement Identification Card" and prescribes the information
that will be contained on the card. Associated with such card will be

a unique identification number that the Division shall keep in its
Central State Registry of police and peace officers. The Central State
registry shall mark all retired peace and police officers as such. The
state identification card shall include the name of the retiring
police or peace officer, a photograph of the retiring officer, his or
her date of birth, former rank or title, the agency the officer is
retiring from, the unique identification number, and the year of
retirement.

Section three amends the Executive Law by the addition of section 845A
which provides that retired Federal Law Enforcement Officers may be
eligible for the "Retired Law Enforcement Identification Card" as
prescribed in subdivision seven of section 845 of the Executive Law
provided that they request one via a form created by the Division and
that the Division is able to confirm the applicant is indeed a retired
Federal Law Enforcement Officer.

Section four provides that this act shall be effective immediately.

JUSTIFICATION:

At this point in time there are municipalities in the State that do
not issue identification cards to retiring police or peace officers.
This becomes an issue when retired police and peace officers need to
provide proof of their retired status in order to comply with certain
State and Federal laws. For example, the recent amendment to the New
York State Safe Act provides retired law enforcement officers with an
exemption to the act's high capacity magazine ban. Should a retired
officer be questioned regarding his or her possession of a high
capacity magazine, he or she would need to prove his or her status as
a retired law enforcement officer. Retired police officers from


municipalities and other organizations that employ police or peace
officers that do not issue identification cards to retired officers
require a form of identification in order to comply with this law and
the "Retired Law Enforcement Identification Card" would meet this
requirement.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S6146 (ACTIVE) - Bill Text download pdf

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

                                  6146

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to the identification  of
  retired police officers and peace officers

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

  Section 1. This act shall be known and may be cited  as  the  "retired
law enforcement identification act".
  S  2.  Section  845  of the executive law is amended by adding two new
subdivisions 6 and 7 to read as follows:
  6. THE DIVISION, UPON BEING NOTIFIED BY THE HEAD OF A STATE  OR  LOCAL
AGENCY,  UNIT  OF  LOCAL  GOVERNMENT,  STATE OR LOCAL COMMISSION, PUBLIC
AUTHORITY OR OTHER ORGANIZATION WHICH EMPLOYS POLICE OFFICERS  OR  PEACE
OFFICERS  OF THE RETIREMENT FROM DUTY OF A POLICE OFFICER, AS DEFINED IN
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR
A PEACE OFFICER AS DEFINED IN SECTION 2.10  OF  THE  CRIMINAL  PROCEDURE
LAW,  SHALL UPDATE THE RETIREMENT STATUS OF SUCH OFFICERS IN THE CENTRAL
STATE REGISTRY ESTABLISHED UNDER THIS SECTION.   ADDITIONALLY THE  DIVI-
SION SHALL ASSIGN TO SUCH RETIRED AND RETIRING POLICE AND PEACE OFFICERS
A  UNIQUE  PERSONAL  IDENTIFICATION NUMBER AND SHALL MAINTAIN THE UNIQUE
PERSONAL IDENTIFICATION NUMBER IN THE CENTRAL STATE REGISTRY.
  7. THE DIVISION, UPON BEING NOTIFIED BY THE HEAD OF THE STATE OR LOCAL
AGENCY, UNIT OF LOCAL GOVERNMENT,  STATE  OR  LOCAL  COMMISSION,  PUBLIC
AUTHORITY  OR  OTHER ORGANIZATION WHICH EMPLOYS POLICE OFFICERS OR PEACE
OFFICERS OF THE RETIREMENT FROM DUTY OF A POLICE OFFICER, AS DEFINED  IN
SUBDIVISION  THIRTY-FOUR  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
OR A PEACE OFFICER AS DEFINED IN SECTION 2.10 OF THE CRIMINAL  PROCEDURE
LAW,  SHALL  ISSUE  TO  THE  RETIRING POLICE OFFICER OR PEACE OFFICER AN
IDENTIFICATION CARD. THE IDENTIFICATION CARD SHALL STATE ON THE FACE THE
FOLLOWING INFORMATION:  THE CARD TITLE: "RETIRED LAW  ENFORCEMENT  IDEN-
TIFICATION  CARD"; THE RETIRING POLICE OR PEACE OFFICER'S NAME; A PHOTO-
GRAPH OF THE RETIRING POLICE OR PEACE OFFICER; HIS OR HER DATE OF BIRTH;
GENDER; COLOR OF EYES; FORMER RANK OR TITLE; THE AGENCY THE  OFFICER  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13045-02-3

S. 6146                             2

RETIRING  FROM;  THE  UNIQUE  PERSONAL  IDENTIFICATION NUMBER CREATED IN
SUBDIVISION SIX OF  THIS  SECTION;  THE  RETIREE'S  SIGNATURE;  ISSUER'S
SIGNATURE  AND  TITLE; THE YEAR OF RETIREMENT; AND ANY OTHER INFORMATION
THE  COMMISSIONER  SHALL  DEEM  NECESSARY. ON THE REVERSE THE CARD SHALL
STATE THE FOLLOWING: THE NAME,  TELEPHONE  NUMBER  AND  ADDRESS  OF  THE
PUBLIC  AGENCY ISSUING THE IDENTIFICATION CARD; THE DATE THE IDENTIFICA-
TION CARD WAS ISSUED AND THE FOLLOWING STATEMENT: "THIS  CARD  DOES  NOT
GIVE  THE  RETIRED  LAW ENFORCEMENT OFFICER ANY POLICE POWERS, INCLUDING
ANY AUTHORITY TO ARREST". THE DIVISION SHALL  ISSUE  THE  IDENTIFICATION
CARD WITHIN SIXTY DAYS OF BEING NOTIFIED OF THE OFFICER'S RETIREMENT.
  S  3.  The  executive  law is amended by adding a new section 845-a to
read as follows:
  S 845-A. RETIRED FEDERAL LAW ENFORCEMENT OFFICERS. THE DIVISION  SHALL
MAKE  AVAILABLE  BOTH  ON  THE  DIVISION'S  INTERNET  WEBSITE AND IN ALL
OFFICES OF STATE OR LOCAL AGENCY, UNIT OF  LOCAL  GOVERNMENT,  STATE  OR
LOCAL  COMMISSION,  PUBLIC AUTHORITY OR OTHER ORGANIZATION WHICH EMPLOYS
POLICE OFFICERS OR PEACE OFFICERS THAT IS OPEN TO THE GENERAL PUBLIC, AN
APPLICATION FORM FOR ISSUANCE OF  AN  IDENTIFICATION  CARD  PURSUANT  TO
SUBDIVISION SEVEN OF SECTION EIGHT HUNDRED FORTY-FIVE OF THIS ARTICLE TO
RETIRED  FEDERAL  LAW  ENFORCEMENT  OFFICERS, AS SUCH TERM IS DEFINED IN
SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW. THE DIVISION SHALL ISSUE THE
IDENTIFICATION CARD PRESCRIBED BY SUBDIVISION  SEVEN  OF  SECTION  EIGHT
HUNDRED  FORTY-FIVE  OF THIS ARTICLE TO FEDERAL LAW ENFORCEMENT OFFICERS
WHO ARE RESIDING IN THE STATE OF NEW YORK; PROVIDED THAT THE DIVISION IS
ABLE TO CONFIRM THE INDIVIDUAL'S PRIOR EMPLOYMENT AND RETIREMENT FROM  A
FEDERAL  AGENCY  WHICH  EMPLOYS  FEDERAL  LAW ENFORCEMENT OFFICERS. UPON
CONFIRMATION OF EMPLOYMENT AND RETIREMENT OF A FEDERAL  LAW  ENFORCEMENT
OFFICER,  THE  DIVISION  SHALL  ASSIGN TO SUCH OFFICER A UNIQUE PERSONAL
IDENTIFICATION NUMBER AND SHALL KEEP THE OFFICER'S NAME, UNIQUE PERSONAL
IDENTIFICATION NUMBER, A PHOTOGRAPH OF THE RETIRED OR  RETIRING  FEDERAL
LAW ENFORCEMENT OFFICER, HIS OR HER DATE OF BIRTH, FORMER RANK OR TITLE,
THE FEDERAL AGENCY THE OFFICER IS RETIRED FROM AND ANY OTHER INFORMATION
THE  COMMISSIONER  SHALL  DEEM  NECESSARY TO CARRY OUT THE PROVISIONS OF
THIS SECTION IN THE CENTRAL STATE REGISTRY OF POLICE OFFICERS AND  PEACE
OFFICERS.  THE  IDENTIFICATION  CARD  THAT  THE DIVISION   ISSUES TO ALL
RETIRED FEDERAL LAW ENFORCEMENT OFFICERS SHALL  INCLUDE  THE  COMPONENTS
PRESCRIBED  BY  SUBDIVISION SEVEN OF SECTION EIGHT HUNDRED FORTY-FIVE OF
THIS ARTICLE. THE DIVISION SHALL ISSUE THE  IDENTIFICATION  CARD  WITHIN
SIXTY  DAYS  OF  RECEIVING  THE  APPLICATION  IF PROOF OF EMPLOYMENT AND
RETIREMENT FROM SUCH A FEDERAL AGENCY IS CONFIRMED.
  S 4. This act shall take effect immediately.

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Senate Bill S6146

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Sponsored By

Martin J. Golden