Assembly Bill A10146

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10146
 
                           I N  A S S E M B L Y
 
                              March 12, 2020
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the mental hygiene law and the public health law, in
   relation to peace officer powers of safety officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision (a) of section 7.25 of the mental hygiene law,
 as amended by chapter 476 of the laws of 2018, is  amended  to  read  as
 follows:
   (a) The commissioner and the directors of in-patient facilities in the
 office  of mental health [may] SHALL designate safety officers to act as
 special police officers whose duty it shall  be,  under  orders  of  the
 appropriate  officer,  to preserve peace and good order in facilities of
 such office and to fully protect the grounds, buildings,  and  patients.
 Such  safety  officers [acting as special police officers] shall possess
 all the powers of peace officers, as set forth in section  2.20  of  the
 criminal  procedure  law[,  while performing duties in or arising out of
 the course of their employment]. Such peace officers when acting  pursu-
 ant  to  their  special  duties may issue and serve a simplified traffic
 information and appearance ticket, in the form prescribed by the commis-
 sioner of motor vehicles pursuant to section two hundred  seven  of  the
 vehicle  and  traffic  law,  upon a person when he or she has reasonable
 cause to believe that such person has committed a traffic infraction  in
 his  or  her  presence,  and  shall have the power to issue and serve an
 appearance ticket as defined in section 150.10 of the criminal procedure
 law for an offense other than a felony in lieu of an arrest.
   § 2. Subdivision (a) of section 13.25 of the mental  hygiene  law,  as
 amended  by  chapter  476  of  the  laws  of 2018, is amended to read as
 follows:
   (a) The commissioner and the directors of facilities under his or  her
 jurisdiction  [may]  SHALL  designate  safety officers to act as special
 police officers whose duty it shall be, under orders of the  appropriate
 officer,  to  preserve  peace  and  good order in such facilities and to
 fully protect the grounds, buildings, and patients. Such safety officers
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02194-02-0

 A. 10146                            2
 
 [acting as special police officers] shall  possess  all  the  powers  of
 peace  officers,  as set forth in section 2.20 of the criminal procedure
 law[, while performing duties in or arising out of the course  of  their
 employment].  Such  peace officers when acting pursuant to their special
 duties may issue and serve a simplified traffic information and  appear-
 ance  ticket,  in the form prescribed by the commissioner of motor vehi-
 cles pursuant to section two hundred seven of the  vehicle  and  traffic
 law,  upon  a person when he or she has reasonable cause to believe that
 such person has committed a traffic infraction in his or  her  presence,
 and  shall  have  the  power  to issue and serve an appearance ticket as
 defined in section 150.10 of the criminal procedure law for  an  offense
 other than a felony in lieu of an arrest.
   §  3.  Section 455 of the public health law, as amended by chapter 476
 of the laws of 2018, is amended to read as follows:
   § 455. Hospitals; special police officers; powers and duties.  1.  The
 director  of  each  hospital  in  the  department  [may] SHALL designate
 [attendants or other employees] SAFETY OFFICERS to act as special police
 officers whose duty it shall be under the  orders  of  the  director  to
 protect the grounds, buildings and patients of the hospital and to eject
 therefrom  disorderly persons. Such [attendants and employees, acting as
 special police officers,] SAFETY OFFICERS shall possess all  the  powers
 of  peace  officers, as set forth in section 2.20 of the criminal proce-
 dure law[, on the grounds and premises].
   2. The designation of such [attendants and employees] SAFETY  OFFICERS
 as  special  police officers in pursuance hereof, shall not be deemed to
 supersede, on the grounds and premises of such hospital,  the  authority
 of peace or police officers of the jurisdiction within which such hospi-
 tal is located.
   § 4. This act shall take effect immediately.