Senate Bill S4499

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4499
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  exempting
   certain  officers  of  the departments of correction and sanitation of
   the city of New York from training requirements for  security  guards;
   and  to  amend  the criminal procedure law, in relation to designating
   correction officers of New York city as peace officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs a, f and g of subdivision 4 of section 89-n of
 the general business law, paragraphs a and f as amended and paragraph  g
 as added by chapter 221 of the laws of 2003, are amended and a new para-
 graph h is added to read as follows:
   a. a correction officer of any state correctional facility OR A MEMBER
 OF  THE  UNIFORMED  CORRECTION  FORCE OF THE NEW YORK CITY DEPARTMENT OF
 CORRECTION having the powers of a peace officer pursuant to  subdivision
 twenty-five of section 2.10 of the criminal procedure law;
   f.  a police officer as defined in paragraphs (a), (b), (c), (d), (e),
 (f), (j), (k), (l), (o) and (p) of subdivision  thirty-four  of  section
 1.20  of  the  criminal  procedure  law  who  has been retired from such
 employment for a period not to exceed ten years, provided, however, that
 a retired police officer who has been retired from such employment for a
 period in excess of ten years shall be required to provide proof to  his
 or  her security guard employer of his or her satisfactory completion of
 an eight hour annual in-service training course approved by the  commis-
 sioner, and provided further, however, that a retired police officer who
 will  be  required  by  his  or  her  security guard employer to carry a
 firearm or will be authorized to have access to a firearm shall  provide
 to  such  employer  proof  of  his  or  her satisfactory completion of a
 forty-seven hour firearms training course approved by  the  commissioner
 and,  if such firearms training course has not been completed within one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05934-01-1

 S. 4499                             2
 
 year prior to such employment, satisfactory completion of an  additional
 eight  hour  annual  firearms in-service training course approved by the
 commissioner, such training course to be completed  at  least  annually;
 [or]
   g.  a peace officer as defined in subdivisions two, twenty and twenty-
 five and paragraphs a and b of subdivision twenty-one of section 2.10 of
 the criminal procedure law who has been retired from such employment for
 a period not to exceed ten years,  provided,  however,  that  a  retired
 peace  officer who has been retired from such employment for a period in
 excess of ten years shall be required to provide proof  to  his  or  her
 security  guard  employer  of  his  or her satisfactory completion of an
 eight hour annual in-service training course approved by  the  municipal
 police  training  council, and provided further, however, that a retired
 peace officer who will be required by his or her security guard employer
 to carry a firearm or will be authorized to have  access  to  a  firearm
 shall  provide  to  such  employer  proof  of  his  or  her satisfactory
 completion of a forty-seven hour firearms training  course  approved  by
 the  municipal  police  training  council and, if such firearms training
 course has not been completed  within  one  year  prior  to  employment,
 satisfactory  completion  of  an  additional  eight hour annual firearms
 in-service training course approved by  the  municipal  police  training
 council, such training course to be completed at least annually[.]; OR
   H.  AN OFFICER OR MEMBER OF THE SANITATION POLICE OF THE DEPARTMENT OF
 SANITATION OF THE CITY OF NEW YORK HAVING THE POWERS OF A PEACE  OFFICER
 PURSUANT  TO  SUBDIVISION  FIFTY-NINE  OF  SECTION  2.10 OF THE CRIMINAL
 PROCEDURE LAW.
   § 2.  Subdivision 25 of section 2.10 of the criminal procedure law, as
 amended by section 70 of subpart B of part C of chapter 62 of  the  laws
 of 2011, is amended to read as follows:
   25.  Officials, as designated by the commissioner of the department of
 corrections and community supervision pursuant to rules of  the  depart-
 ment, and correction officers of any state OR NEW YORK CITY correctional
 facility or of any penal correctional institution.
   § 3. This act shall take effect immediately.