NY State Senate Bill 2015-S7831

Senate Bill S7831

2015-2016 Legislative Session

Grants police officer status for members of the Triborough bridge and tunnel authority; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2016	referred to codes

2015-S7831 (ACTIVE) - Details

See Assembly Version of this Bill:: A7308
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, rpld §2.10 sub 20, CP L; amd §553, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:: S4255, A6792

2015-S7831 (ACTIVE) - Summary

Extends police officer status to bridge and tunnel officers, sergeants and lieutenants of the Triborough bridge and tunnel authority and authorizes such authority to maintain a bridge and tunnel police department and a uniformed bridge and tunnel police force.

2015-S7831 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7831

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to granting police officer status to bridge and tunnel
officers, sergeants and lieutenants of the Triborough bridge and
tunnel authority; to amend the public authorities law, in relation to
providing certain powers to the Triborough bridge and tunnel
authority; and repealing subdivision 20 of section 2.10 of the
criminal procedure law relating thereto

 PURPOSE :

To grant police officer status to bridge and tunnel officers.

 SUMMARY OF PROVISIONS :

1. Subdivision 34 of Section 1.20 of the criminal procedure law is
amended by adding a new paragraph (w) to read as follows:

(5) BRIDGE AND TUNNEL OFFICERS, SERGEANTS AND LIEUTENANTS OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

§ 2. Subdivision 20 of Section 2.10 of the criminal procedure law is
REPEAL

§ 3. section 553 of the public authorities law is amended by adding a

new subdivision 7-b to read as follows:

7-B. IN ITS DISCRETION TO PROVIDE AND MAINTAIN A BRIDGE AND TUNNEL
POLICE DEPARTMENT AND A UNIFORMED BRIDGE AND TUNNEL POLICE FORCE

 JUSTIFICATION :

Bridge and Tunnel Officers are highly trained, certified New York
State Peace Officers. Bridge and Tunnel Officers are responsible for
law enforcement duties at Metropolitan Transportation Authority (MTA)
Bridges and Tunnels, in addition to: maintaining daily 24-hour
security patrols; checkpoints; video monitor surveillance;
anti-terrorism and traffic enforcement duties. Bridge and Tunnel
Officers are the first responders to all emergencies and incidences to
preserve the safety and structural integrity of the nine facilities of
MTA Bridges and Tunnels.

By expanding the law enforcement powers of Bridge and Tunnel Officers
from Peace Officer status to police status, it would greatly enhance
the safety and protection of the millions of motorists that travel on
MTA's Bridges and Tunnels, surrounding roadways and communities.
Bridge and Tunnel Officers perform virtually all police
responsibilities with one exception: As the current law is written,
the law enforcement powers of Peace Officers are limited when compared
to police Officers. The present law prohibits Bridge and Tunnel
Officers, in their capacity as Peace Officers, from taking into
custody individuals for merely having an arrest warrant. By granting
police status to Bridge and Tunnel Officers, it would allow them to
arrest individuals with active warrants.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S7831 (ACTIVE) - Bill Text download pdf

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

                                  7831

                            I N  S E N A T E

                              May 13, 2016
                               ___________

Introduced  by  Sen. ADDABBO -- 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  granting
  police  officer  status  to  bridge and tunnel officers, sergeants and
  lieutenants of the Triborough bridge and tunnel  authority;  to  amend
  the public authorities law, in relation to providing certain powers to
  the  Triborough bridge and tunnel authority; and repealing subdivision
  20 of section 2.10 of the criminal procedure law relating thereto

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

  Section  1.  Subdivision  34 of section 1.20 of the criminal procedure
law is amended by adding a new paragraph (w) to read as follows:
  (W) BRIDGE AND TUNNEL  OFFICERS,  SERGEANTS  AND  LIEUTENANTS  OF  THE
TRIBOROUGH  BRIDGE  AND  TUNNEL AUTHORITY WHO HAVE BEEN CERTIFIED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES AS HAVING SUCCESSFULLY COMPLETED A
BASIC COURSE AT AN ACCREDITED POLICE ACADEMY; PROVIDED THAT  SUCH  OFFI-
CERS  SHALL  BE  REQUIRED  TO COMPLETE SUCH COURSE REQUIREMENTS PRIOR TO
COMMENCING THEIR DUTIES AS POLICE OFFICERS.
  S 2. Subdivision 34-a of section 1.20 of the criminal procedure law is
amended by adding a new paragraph (e) to read as follows:
  (E) THE "GEOGRAPHICAL AREA OF EMPLOYMENT" FOR THE  BRIDGE  AND  TUNNEL
POLICE  FORCE OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL BE ALL
FACILITIES OPERATED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY WITHIN
THE COUNTY OF NEW YORK.
  S 3. Subdivision 20 of section 2.10 of the criminal procedure  law  is
REPEALED.
  S  4. Section 553 of the public authorities law is amended by adding a
new subdivision 7-b to read as follows:
  7-B. IN ITS DISCRETION, TO PROVIDE AND MAINTAIN A  BRIDGE  AND  TUNNEL
POLICE  DEPARTMENT  AND A UNIFORMED BRIDGE AND TUNNEL POLICE FORCE. SUCH
DEPARTMENT AND FORCE SHALL HAVE THE POWER AND IT SHALL BE THEIR DUTY, IN
AND ABOUT BRIDGE AND TUNNEL FACILITIES, TO: PRESERVE THE  PUBLIC  PEACE;
PREVENT CRIME; ARREST OFFENDERS; SUPPRESS RIOTS, MOBS AND INSURRECTIONS;
DISPERSE   UNLAWFUL  OR  DANGEROUS  ASSEMBLAGES  AND  ASSEMBLAGES  WHICH

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

                                                           LBD10224-01-5

S. 7831                             2

OBSTRUCT FREE PASSAGE; PROTECT THE RIGHTS OF PERSONS AND PROPERTY; GUARD
THE PUBLIC HEALTH; REGULATE, DIRECT,  CONTROL  AND  RESTRICT  PEDESTRIAN
TRAFFIC; REMOVE ALL NUISANCES; ENFORCE AND PREVENT VIOLATION OF ALL LAWS
AND  ORDINANCES;  AND FOR THESE PURPOSES TO ARREST ALL PERSONS GUILTY OF
VIOLATING ANY LAW OR ORDINANCE. APPOINTMENTS TO SUCH BRIDGE  AND  TUNNEL
POLICE  FORCE  SHALL BE MADE IN ACCORDANCE WITH APPLICABLE PROVISIONS OF
THE CIVIL SERVICE LAW AND ONLY PERSONS WHO HAVE NEVER BEEN CONVICTED  OF
A  FELONY  AND  WHO ARE CITIZENS OF THE UNITED STATES SHALL BE APPOINTED
BRIDGE AND TUNNEL PATROLMEN ON THE BRIDGE AND TUNNEL POLICE FORCE.  EACH
MEMBER OF SUCH FORCE SHALL BE CERTIFIED  BY  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  AS  HAVING  SUCCESSFULLY COMPLETED A BASIC COURSE FOR
POLICE OFFICERS, WHICH  COURSE  SHALL  BE  PROVIDED  BY  THE  AUTHORITY;
PROVIDED  THAT  SUCH  OFFICERS SHALL BE REQUIRED TO COMPLETE SUCH COURSE
REQUIREMENTS PRIOR TO COMMENCING THEIR DUTIES AS POLICE OFFICERS.   EACH
MEMBER  OF  SUCH FORCE SHALL BE A POLICE OFFICER AS DEFINED BY PARAGRAPH
(W) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE
LAW.
  THE AUTHORITY MAY APPOINT A NON-CIVILIAN CHIEF AND A DEPUTY  CHIEF  OF
THE  BRIDGE  AND  TUNNEL POLICE DEPARTMENT WHO, IN THE DISCRETION OF THE
AUTHORITY, MAY BE SELECTED FROM THE  RANKS  OF  THE  BRIDGE  AND  TUNNEL
POLICE  FORCE AND ASSIGN POWERS AND DUTIES TO THEM AND FIX THEIR COMPEN-
SATION. THE CHIEF SHALL BE THE  HEAD  OF  SUCH  DEPARTMENT.  DURING  THE
ABSENCE  OR  DISABILITY OF THE CHIEF, THE DEPUTY CHIEF SHALL POSSESS ALL
THE POWERS AND PERFORM ALL THE DUTIES OF THE  CHIEF.    THE  BRIDGE  AND
TUNNEL  POLICE  FORCE  SHALL CONSIST OF CAPTAINS, LIEUTENANTS, SERGEANTS
AND OFFICERS. THE AUTHORITY MAY DETAIL PERSONS IN THE RANK OF CAPTAIN OF
THE BRIDGE AND TUNNEL POLICE FORCE TO SERVE IN HIGHER RANKS.  A  CAPTAIN
WHEN SO DETAILED TO SERVE IN A HIGHER RANK MAY BE GRANTED AN INCREASE IN
SALARY  ABOVE  THE  GRADE  ESTABLISHED  FOR  THE  RANK OF CAPTAIN IN THE
UNIFORMED FORCE.
  S 5. This act shall take effect immediately.

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