senate Bill S7363

2013-2014 Legislative Session

Relates the peace officer status granted to officers or agents of a duly incorporated society for the prevention of cruelty to animals

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2014 referred to codes

S7363 - Bill Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.10, CP L

S7363 - Bill Texts

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Relates the peace officer status granted to officers or agents of a duly incorporated society for the prevention of cruelty to animals.

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BILL NUMBER:S7363

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to the peace officer status granted to officers or agents of
a duly incorporated society for the prevention of cruelty to animals

PURPOSE:

This bill clarifies that peace officers of a duly incorporated society
for the prevention of cruelty to animals must be properly licensed to
carry a weapon.

SUMMARY OF PROVISIONS:

Section 1 amends the criminal procedure law to clarify that officers
or agents of a duly incorporated society for the prevention of cruelty
to animals that are granted peace officer status after November 1,
2014 may not carry or possess a firearm without the appropriate
license.

Section 2 states that this act shall take effect immediately.

JUSTIFICATION:

In a recent case in Livingston County, a convicted felon started the
SPCA Humane Corps, a not-for-profit company that he incorporated with
the state, and registered himself as a peace officer. As a result,
this individual carried a weapon on him in public despite the fact
that his felony conviction prohibited him from lawfully carrying a
weapon. To avoid similar instances, this bill clarifies that any
officer or agent of a duly incorporated society for the prevention of
cruelty to animals with peace officer status must be properly licensed
to carry a weapon.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the 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
________________________________________________________________________

                                  7363

                            I N  S E N A T E

                              May 14, 2014
                               ___________

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  the  peace
  officer  status  granted  to officers or agents of a duly incorporated
  society for the prevention of cruelty to animals

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

  Section  1.  Subdivision  7  of section 2.10 of the criminal procedure
law, as amended by chapter 734 of the laws of 1987, is amended  to  read
as follows:
  7.  Officers  or  agents  of  a  duly  incorporated  society  for  the
prevention of cruelty to animals PROVIDED, HOWEVER, THAT NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO AUTHORIZE ANY PERSON HIRED AS SUCH  OFFI-
CER  OR  AGENT  AFTER  NOVEMBER  FIRST,  TWO THOUSAND FOURTEEN 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.
                                                           LBD14969-02-4

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