NY State Senate Bill 2023-S3337

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 30, 2023	referred to codes

2023-S3337 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §835, Exec L; add Part 1 Title A Art 3 §§3.10 - 3.30, CP L
Versions Introduced in 2021-2022 Legislative Session:: S8372

2023-S3337 (ACTIVE) - Summary

Relates to persons designated as auxiliary officers; provides certain powers to auxiliary officers; imposes training requirements.

2023-S3337 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3337

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law and the criminal procedure law, in
relation to persons designated as auxiliary officers

 
PURPOSE:

To define who is designated as an auxiliary officer, enumerate the
powers of auxiliary officers, and outline the training requirements for
new auxiliary officers.

 
SUMMARY OR SPECIFIC PROVISIONS:

Section 1 amends Section 835 of the executive law by adding a new subdi-
vision 7-c to provide for the definition of "auxiliary officer".

Section 2 amends Title A of part 1 of the criminal procedure law by
adding a new article 3 to define what persons are designated as auxilia-
ry officers, the powers of auxiliary officers, and the training require-

ments for new auxiliary officers appointed on or after the date of
enactment.

Section 3 sets the effective date.

 
JUSTIFICATION:

With the ever-expanding scope of police officer duties and responsibil-
ities across the state, complementary forces have tried to fill the gap.
While the designation of "peace officers" is already provided for in the
criminal ' procedure law, opportunities remain for additional types of
law enforcement officers to play a role in maintaining public safety and
order. This bill lends support to municipal and county police authori-
ties by statutorily providing a framework of mechanisms to designate,
empower, and train "auxiliary officers?"

Auxiliary officers are civic-minded volunteer officers who perform
important public safety and crime prevention tasks in residential and
commercial areas, public transportation sites, parades, street fairs,
special events, houses of worship, traffic areas, parks and recreation
areas, and navigation channels among others. Generally, auxiliary offi-
cers can be trained in self-defense, CPR and first aid, and patrol tech-
niques. They often observe and report conditions requiring the services
of regular police, and at times assist in non-enforcement duties as
well.

Auxiliary police are already explicitly authorized in New York City, but
there is limited law governing auxiliary officers in state law, to such
a degree that it requires clarification.

In terms of designation of these officers, this bill expands public
safety capabilities by giving municipalities other than New York City
greater clarity as to the designation, powers and training of auxiliary
officers outside of the auspices of the Defense Emergency Act of 1951,
providing the state civil defense commission the power to assume direct
operational control of auxiliary officers in the event of an attack,
giving towns the ability to appoint an auxiliary officer as a "special
police officer" under town law, and providing for added mechanisms of
support.

Powers granted to auxiliary officers in this bill include the power to
issue appearance tickets when acting pursuant to their special duties,
the power to issue appearance tickets for parks, recreation, and histor-
ic preservation purposes, provide simplified traffic information of
vehicle and traffic law, issue appearance tickets under environmental
conservation law, issue navigation summons, and perform other powers
authorized by general, special, or local law that is not inconsistent
with the criminal penal law.

Lastly, this bill ensures a proper quality standard is maintained by
requiring new auxiliary officers to successfully complete training
prescribed by the municipal police training council and the officer's
appointing authority.

This bill fills a gap in New York public safety and order by explicitly
providing for designation of a new class of auxiliary officers, empower-
ing them to perform a variety of essential public safety duties, and
ensuring proper and consistent training to maintain quality standards.

 
PRIOR LEGISLATIVE HISTORY:

S8372 (2021-22): Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S3337 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3337
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation to persons designated as auxiliary officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 835 of the executive law is amended by adding a new
 subdivision 7-c to read as follows:
   7-C. "AUXILIARY OFFICER" MEANS A PERSON DESIGNATED AS SUCH IN  SECTION
 3.10 OF THE CRIMINAL PROCEDURE LAW.
   §  2.  Title  A  of part 1 of the criminal procedure law is amended by
 adding a new article 3 to read as follows:
 
                                 ARTICLE 3
                            AUXILIARY OFFICERS
 
 SECTION 3.10 PERSONS DESIGNATED AS AUXILIARY OFFICERS.
         3.20 POWERS OF AUXILIARY OFFICERS.
         3.30 TRAINING REQUIREMENTS FOR AUXILIARY OFFICERS.
 § 3.10 PERSONS DESIGNATED AS AUXILIARY OFFICERS.
   NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR
 CHARTER TO THE CONTRARY, ONLY  THE  FOLLOWING  PERSONS  SHALL  HAVE  THE
 POWERS OF, AND SHALL BE AUXILIARY OFFICERS:
   1.  A  MEMBER  OF AN AUXILIARY POLICE ORGANIZATION AUTHORIZED BY LOCAL
 LAW.
   2. AUXILIARY POLICE APPOINTED IN ACCORDANCE  WITH  SUBSECTION  TWENTY-
 FIVE  OF  SECTION  THREE  OF THE NEW YORK STATE DEFENSE EMERGENCY ACT OF
 NINETEEN HUNDRED FIFTY-ONE.
   3. SPECIAL POLICE OFFICERS APPOINTED UNDER SECTION ONE HUNDRED  FIFTY-
 EIGHT OF THE TOWN LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07031-01-3
 S. 3337                             2

   4.  ALL CONSTABLES OR POLICE CONSTABLES NOT COVERED BY SUBDIVISION ONE
 OF SECTION 2.10 OF THIS TITLE.
   5.  ALL  SPECIAL  DEPUTIES, SPECIAL CONSTABLES, MARSHALS, POLICE OFFI-
 CERS, OR PEACE OFFICERS NOT OTHERWISE DESIGNATED A POLICE OFFICER  UNDER
 SECTION 1.20 OF THIS TITLE OR A PEACE OFFICER UNDER SECTION 2.10 OF THIS
 TITLE.
 § 3.20 POWERS OF AUXILIARY OFFICERS.
   1.  THE  PERSONS DESIGNATED IN SECTION 3.10 OF THIS ARTICLE SHALL HAVE
 THE FOLLOWING POWERS:
   (A) THE POWER TO ISSUE  APPEARANCE  TICKETS  PURSUANT  TO  SUBDIVISION
 THREE  OF  SECTION 150.20 OF THIS CHAPTER, WHEN ACTING PURSUANT TO THEIR
 SPECIAL DUTIES.
   (B) THE POWER TO ISSUE UNIFORM APPEARANCE TICKETS PURSUANT TO  ARTICLE
 TWENTY-SEVEN  OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW AND
 TO ISSUE SIMPLIFIED TRAFFIC INFORMATION PURSUANT TO  SECTION  100.25  OF
 THIS  CHAPTER  AND  SECTION TWO HUNDRED SEVEN OF THE VEHICLE AND TRAFFIC
 LAW WHENEVER ACTING PURSUANT TO THEIR SPECIAL DUTIES.
   (C) THE POWER TO ISSUE A UNIFORM NAVIGATION SUMMONS  AND/OR  COMPLAINT
 PURSUANT  TO  SECTION  NINETEEN  OF  THE  NAVIGATION LAW WHENEVER ACTING
 PURSUANT TO THEIR SPECIAL DUTIES.
   (D) THE POWER TO ISSUE UNIFORM APPEARANCE TICKETS PURSUANT TO  ARTICLE
 SEVENTY-ONE  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,  WHENEVER ACTING
 PURSUANT TO THEIR SPECIAL DUTIES.
   (E) ANY OTHER POWER WHICH A PARTICULAR AUXILIARY OFFICER IS  OTHERWISE
 AUTHORIZED  TO  EXERCISE BY ANY GENERAL, SPECIAL OR LOCAL LAW OR CHARTER
 WHENEVER ACTING PURSUANT TO THEIR SPECIAL DUTIES, PROVIDED SUCH POWER IS
 NOT INCONSISTENT WITH THE PROVISIONS OF THE PENAL LAW OR THIS CHAPTER.
   2. FOR THE PURPOSES OF THIS SECTION, AN AUXILIARY OFFICER ACTS  PURSU-
 ANT  TO  THEIR  SPECIAL  DUTIES  WHEN  THEY  PERFORM THE DUTIES OF THEIR
 OFFICE, PURSUANT TO THE SPECIALIZED NATURE OF THEIR PARTICULAR  APPOINT-
 MENT,  WHEREBY  THEY  ARE REQUIRED OR AUTHORIZED TO ENFORCE ANY GENERAL,
 SPECIAL OR LOCAL LAW OR CHARTER, RULE, REGULATION, JUDGMENT OR ORDER.
   3. AN AUXILIARY OFFICER, WHETHER  OR  NOT  ACTING  PURSUANT  TO  THEIR
 SPECIAL  DUTIES, WHO LAWFULLY EXERCISES ANY OF THE POWERS CONFERRED UPON
 THEM PURSUANT TO THIS SECTION, SHALL NOT BE DEEMED TO BE  ACTING  WITHIN
 THE  SCOPE OF THEIR APPOINTMENT FOR PURPOSES OF DEFENSE AND INDEMNIFICA-
 TION RIGHTS AND BENEFITS THAT THEY MAY BE OTHERWISE  ENTITLED  TO  UNDER
 THE PROVISIONS OF SECTION FIFTY-K OF THE GENERAL MUNICIPAL LAW, SECTIONS
 SEVENTEEN  OR EIGHTEEN OF THE PUBLIC OFFICERS LAW, OR ANY OTHER APPLICA-
 BLE SECTION OF LAW.
 § 3.30 TRAINING REQUIREMENTS FOR AUXILIARY OFFICERS.
   1. EVERY AUXILIARY OFFICER IN THE STATE OF NEW YORK MUST  SUCCESSFULLY
 COMPLETE  A  TRAINING PROGRAM, A PORTION OF WHICH SHALL BE PRESCRIBED BY
 THE MUNICIPAL POLICE TRAINING COUNCIL AND A PORTION OF  WHICH  SHALL  BE
 PRESCRIBED BY HIS OR HER APPOINTING AUTHORITY. THE PORTION PRESCRIBED BY
 THE  MUNICIPAL  POLICE  TRAINING COUNCIL SHALL BE COMPRISED OF SUBJECTS,
 AND THE HOURS EACH IS TO BE TAUGHT, THAT SHALL BE REQUIRED OF ALL  TYPES
 OR  CLASSES  OF AUXILIARY OFFICERS. THE HOURS OF INSTRUCTION REQUIRED BY
 THE MUNICIPAL POLICE TRAINING COUNCIL SHALL  NOT  EXCEED  EIGHTY  HOURS,
 UNLESS  A  GREATER AMOUNT IS EITHER REQUIRED BY LAW OR REGULATION, OR IS
 REQUESTED BY THE APPOINTING AUTHORITY. THE  SEGMENT  PRESCRIBED  BY  THE
 APPOINTING  AUTHORITY FOR ITS APPOINTEES SHALL BE COMPRISED OF SUBJECTS,
 AND THE HOURS EACH IS TO BE TAUGHT, RELATING TO THE  SPECIAL  NATURE  OF
 THE  DUTIES  OF THE AUXILIARY OFFICERS EMPLOYED BY IT PROVIDED, HOWEVER,
 THAT WHEN THE SUBJECTS PRESCRIBED BY THE APPOINTING AUTHORITY ARE  IDEN-
 TICAL  TO THE SUBJECTS IN THE TRAINING PROGRAM REQUIRED BY THE MUNICIPAL
 S. 3337                             3
 
 POLICE TRAINING COUNCIL, THE APPOINTING AUTHORITY SHALL NOT BE  REQUIRED
 TO PROVIDE DUPLICATE TRAINING FOR THOSE SUBJECTS.
   2.  EACH  STATE  OR  LOCAL  AGENCY, UNIT OF LOCAL GOVERNMENT, STATE OR
 LOCAL COMMISSION, OR PUBLIC AUTHORITY, OR PUBLIC OR PRIVATE ORGANIZATION
 WHICH APPOINTS AUXILIARY OFFICERS SHALL PROVIDE THE TRAINING MANDATED BY
 THIS SECTION, THE COST OF WHICH WILL BE BORNE BY THE APPOINTING AUTHORI-
 TY.    EACH  AUXILIARY  OFFICER  SATISFACTORILY  COMPLETING  THE  COURSE
 PRESCRIBED  BY  THE MUNICIPAL POLICE TRAINING COUNCIL SHALL BE AWARDED A
 CERTIFICATE BY THE DIVISION OF CRIMINAL JUSTICE  SERVICES  ATTESTING  TO
 THAT EFFECT, AND NO PERSON APPOINTED AS AN AUXILIARY OFFICER SHALL EXER-
 CISE  THE  POWERS OF AN AUXILIARY OFFICER, UNLESS HE OR SHE HAS RECEIVED
 SUCH CERTIFICATION WITHIN TWELVE MONTHS OF APPOINTMENT.
   3. NO APPOINTING AUTHORITY SHALL ALLOW ANY AUXILIARY OFFICER TO  CARRY
 OR USE A WEAPON DURING ANY PHASE OF THE OFFICER'S OFFICIAL DUTIES.
   4. UPON THE FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THIS
 SECTION,  THE  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
 SHALL APPLY TO THE SUPREME COURT FOR AN ORDER  DIRECTED  TO  THE  PERSON
 RESPONSIBLE  REQUIRING  COMPLIANCE. UPON SUCH APPLICATION, THE COURT MAY
 ISSUE SUCH ORDER AS MAY BE JUST, AND A FAILURE TO COMPLY WITH THE  ORDER
 OF THE COURT SHALL BE A CONTEMPT OF COURT AND PUNISHABLE AS SUCH.
   5.  EVERY  APPOINTING  AUTHORITY OF AUXILIARY OFFICERS SHALL REPORT TO
 THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN SUCH FORM AND AT SUCH TIME
 AS THE DIVISION MAY BY REGULATION REQUIRE, THE NAMES  OF  ALL  AUXILIARY
 OFFICERS  WHO HAVE SATISFACTORILY COMPLETED ANY OF THE TRAINING REQUIRE-
 MENTS PRESCRIBED BY THIS SECTION.
   6. A CERTIFICATE ATTESTING TO SATISFACTORY COMPLETION OF THE  TRAINING
 REQUIREMENTS IMPOSED UNDER THIS SECTION AWARDED TO ANY AUXILIARY OFFICER
 BY  THE  EXECUTIVE  DIRECTOR  OF  THE  MUNICIPAL POLICE TRAINING COUNCIL
 PURSUANT TO THIS SECTION SHALL REMAIN VALID:
   (A) DURING THE HOLDER'S CONTINUOUS SERVICE AS  AN  AUXILIARY  OFFICER;
 AND
   (B)  FOR  TWO  YEARS  AFTER  THE DATE OF THE COMMENCEMENT OF AN INTER-
 RUPTION IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO  SUCH
 INTERRUPTION,  SERVED  AS AN AUXILIARY OFFICER FOR LESS THAN TWO CONSEC-
 UTIVE YEARS; OR
   (C) FOR FOUR YEARS AFTER THE DATE OF THE  COMMENCEMENT  OF  AN  INTER-
 RUPTION  IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO SUCH
 INTERRUPTION, SERVED AS AN AUXILIARY OFFICER FOR TWO  CONSECUTIVE  YEARS
 OR LONGER.
   AS  USED  IN  THIS  SUBDIVISION,  THE TERM "INTERRUPTION" SHALL MEAN A
 PERIOD OF SEPARATION FROM SERVICE AS A PEACE OFFICER BY REASON  OF  SUCH
 OFFICER'S  LEAVE  OF ABSENCE, RESIGNATION OR REMOVAL, OTHER THAN REMOVAL
 FOR CAUSE.
   § 3. This act shall take effect immediately; provided,  however,  that
 completion  of the training program required by subdivision 1 of section
 3.30 of the criminal procedure law, as added by section two of this act,
 shall apply only to auxiliary officers appointed on or after the  effec-
 tive  date  of  this  act,  and provided further that auxiliary officers
 appointed prior to the effective date of this act shall  be  subject  to
 the training requirements in place at the time of their appointment.

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Anonymous

1 year ago

We need to be more involved with the department.

Anonymous

1 year ago

I feel like this bill should be passed because auxiliary police officers specifically in the NYC are severely limited to what they can do. I feel like giving auxiliary police officers these powers can help them be involved in the department more and alleviate police officers from additional responsibilities.

mmkm21

1 year ago

This bill takes away agencies the ability to arm their officers. There are many departments throughout the state that arm their officers and section 3 removes that right. I do not support this bill

Anonymous

1 year ago

I hope everyone supports this bill. Our volunteers deserve betrer. Supporting this bill is a winning situation for the state, with so many budget cuts on the rise why not support our volunteers who's willing to assist in public safety for free.

Anonymous

1 year ago

Let’s support these men and women who’s willing to volunteer their time and safety for a free.

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Senate Bill S3337

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S3337 (ACTIVE) - Details

2023-S3337 (ACTIVE) - Summary

2023-S3337 (ACTIVE) - Sponsor Memo

2023-S3337 (ACTIVE) - Bill Text download pdf

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Sponsored By

Shelley B. Mayer

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2023-S3337 (ACTIVE) - Details

2023-S3337 (ACTIVE) - Summary

2023-S3337 (ACTIVE) - Sponsor Memo

2023-S3337 (ACTIVE) - Bill Text download pdf

Comments