BILL NUMBER: S5510

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to peace offi-
cers appointed by The Sea Gate Association

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will amend subdivision 46 of section 2.10 of the crimi-
nal procedure law by removing the restriction, which requires persons
appointed as peace officers by The Sea Gate Association to obtain a
license issued pursuant to section 400.00 of the penal law to carry,
possess, repair and or dispose of a firearm.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subdivision 46 of section 2.10 of the criminal proce-
dure law by deleting all references to section 400.00 of the penal law
and the restrictions it imposes.

              

Section 2. Effective date.

 
JUSTIFICATION:

The members of The Sea Gate Police Department are responsible for
enforcing the criminal laws of the State of New York as well as certain
administrative laws of the City of New York. The Department employs law
enforcement professionals who are authorized under the criminal proce-
dure law to exercise the powers of peace officers in enforcing these
laws. Their duties include criminal investigations, serving warrants,
issuing summonses and making arrests. These duties expose them to the
same risks as other law enforcement officers and they must maintain
similar levels of physical and mental fitness to perform their duties.
They should therefore be granted the same type of protections and tools
to do their increasingly dangerous job as those offered to other law
enforcement professionals.

Officers of The Sea Gate Police Department are responsible for enforcing
all criminal and traffic laws of the State of New York, as well as vari-
ous other laws of the State and administrative rules and regulations of
the City of New York. Officers of the Department conduct varies duties
similar in nature to any full-service police department such as but not
limited to uniformed patrol; criminal investigations; execute warrants
with federal, state, and city agencies; issue criminal, civil, and traf-
fic summonses; as well as respond to all 911 calls for service within
our jurisdiction and make criminal arrests

The Department issues peace officers employed as law enforcement offi-
cers by The Sea Gate Police Department firearms as part of their duties.
However, the present law requires that they obtain a license before they
can carry such firearm. This is not required of other law enforcement
officers who are authorized to carry a firearm without the requirement
of such license. The requirement of a license is unnecessary because the
Department is responsible for screening, training and supervision of
these peace officers. The Department's present background investigation
of applicants exceeds those outlined in section 400.00 of the penal law.
The current licensing process often involves substantial delays that can
interfere with the assignment of new officers. The license application
also becomes a public record that can compromise the confidentiality of
a peace officer's personal information. Further, such licenses issued
through the New York City Police Department limit the officer to carry
only one weapon, creating an unnecessary risk to the officer's safety,
by eliminating the Department's option of issuing certain officers back-
up weapons.

 
PRIOR LEGISLATIVE HISTORY:

Similar to A9940 Cohen/S 7147 VOLKER - 2006 Session - passed Senate

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.