Senate Bill S7270

                                 BILL NUMBER:  S7270

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to federal law enforcement powers of police officers employed
by the U.S. Department of Veterans Affairs

 PURPOSE :

To update the Criminal Procedure Law in accordance with the current
stat us of the US Department of Veterans Affairs.

 SUMMARY OF PROVISIONS :

Section 1 amends § 2.15(21) of the Criminal Procedure law by changing
the US Department of Veterans Administration to the US Department of
Veterans Affairs and provides that the section applies to US
Department of Veterans Affairs police officers employed throughout the
state, rather than limiting the section's effectiveness to those
employed only at the Veterans Administration Medical Center in
Batavia.

Section 2 provides the effective date.

 EXISTING LAW :

Article 2 of the Criminal Procedure Law pertains to Peace Officers.
              

Section 2.15 of this Article relates to federal law enforcement
officers and their powers and provides that the federal law
enforcement officers enumerated in this section have the powers set
forth in paragraphs (a), (b), (c), and (h) of subdivision one of the
Section 2.20 of this Article. Subdivision 21 provides one of the
enumerated federal law enforcement officers, "United States Department
of Veterans Administration police officers employed at the Veterans
Administration Medical Center in Batavia."

The powers held by federal law enforcement officers set forth in
paragraphs (a), (b), (c), and (h) of subdivision one of the Section
2.20 of the Criminal Procedure Law include: the power to make
warrantless arrests pursuant to law, the power to use physical force
and deadly physical force in making an arrest or preventing an escape
pursuant to law, the power to carry our warrantless searched whenever
such searches are constitutionally permissible and acting pursuant to
their special duties, and the power to possess and take custody of
firearms not owned by the peace officer, of the purpose of disposing,
guarding, or any other lawful purpose, consistent with his duties as a
peace officer.

This legislation updates the law to reflect the change in status with
passage of the Department of Veterans Affairs Act of 1988, Public Law
100-527, making the Department a Cabinet-Level agency with direct
liaison with and succession to the President of the United States.

 JUSTIFICATION :

The U.S. Department of Veterans Affairs police officers-known as "VA
Police"-continue to evolve to meet the current requirements of normal
police operations and to threats that face the public, as well as
government interest in today's world. With its force made up largely
of retired or prior police officers from New York agencies and career
or retired military or federal police officers, VA Police have entry
qualifications and training comparable to other law enforcement
agencies throughout the state.

Serving within the boundaries of a federal facility-such as a
hospital, clinic or campus-VA Police often times face the same
situations as other police officers in other areas throughout the
state. In an effort to increase safety, these individuals should also
have the same powers as other officers, including carrying over the
status of "New York State Peace Officers" while traveling through,
visiting off-duty or conducting official business in other police
jurisdictions throughout New York State.

Currently, only VA Police assigned to the VA Police Department at
Batavia receive this status, while officers assigned at other VA
Police Departments throughout the state do not. Through this
legislation, we can ensure all VA Police have the status necessary to
respond accordingly to any dangerous situations that may arise, which
in turn, will make our state a safer place.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.