Assembly Bill A11054

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11054
 
                           I N  A S S E M B L Y
 
                              April 24, 2026
                                ___________
 
 Introduced  by  M.  of A. BROOK-KRASNY, CHANG, NOVAKHOV -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and the retirement and social
   security law, in relation to authorizing public  transit  agencies  to
   hire  former police officers as transit security marshals having peace
   officer status

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2.10 of the criminal procedure law is amended by
 adding a new subdivision 88 to read as follows:
   88. (A) TRANSIT SECURITY MARSHALS, WHILE ACTING IN THE SCOPE OF  THEIR
 OFFICIAL DUTIES AND WITHIN FACILITIES, CONVEYANCES, AND GEOGRAPHIC AREAS
 OWNED,  OPERATED, OR CONTROLLED BY THE APPOINTING PUBLIC TRANSIT AGENCY,
 OR AS OTHERWISE SPECIFICALLY AUTHORIZED BY AGREEMENT WITH A LAW ENFORCE-
 MENT AGENCY HAVING JURISDICTION; PROVIDED, HOWEVER, THAT NOTHING IN THIS
 SUBDIVISION SHALL BE DEEMED  TO  AUTHORIZE  ANY  SUCH  TRANSIT  SECURITY
 MARSHAL TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS:
   (I)  THE  APPROPRIATE  LICENSE  THEREFOR  HAS  BEEN ISSUED PURSUANT TO
 SECTION 400.00 OF THE PENAL LAW;
   (II) SUCH TRANSIT SECURITY MARSHAL HAS BEEN SPECIFICALLY AUTHORIZED TO
 DO SO BY THE APPOINTING AUTHORITY; AND
   (III) SUCH TRANSIT SECURITY  MARSHAL  HAS  SUCCESSFULLY  COMPLETED  AN
 APPROVED  FIREARMS  TRAINING  AND  QUALIFICATION PROGRAM CONSISTENT WITH
 STANDARDS ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES,  AND
 SUCH  TRANSIT  SECURITY  MARSHAL  MAINTAINS  PERIODIC REQUALIFICATION AS
 REQUIRED BY SUCH STANDARDS.
   (B) THE APPOINTING AUTHORITY SHALL ENSURE THAT EACH  TRANSIT  SECURITY
 MARSHAL:
   (I)  COMPLETES  INITIAL  AND ONGOING TRAINING, INCLUDING USE OF FORCE,
 DE-ESCALATION, AND LEGAL AUTHORITY;
   (II) MEETS MEDICAL AND PHYSICAL FITNESS STANDARDS ESTABLISHED  BY  THE
 APPOINTING  AUTHORITY  IN  CONSULTATION  WITH APPLICABLE LAW ENFORCEMENT
 AGENCIES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15457-01-6
              

 A. 11054                            2
 
   (III) REMAINS IN COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS
 GOVERNING THE EXERCISE OF PEACE OFFICER AUTHORITY.
   (C)  NOTHING  IN  THIS  SUBDIVISION SHALL BE CONSTRUED TO SUPERSEDE OR
 LIMIT THE JURISDICTION OF ANY OTHER LAW ENFORCEMENT AGENCY.
   (D) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I) "TRANSIT SECURITY MARSHAL" MEANS A PERSON WHO:
   (1) IS A FORMER POLICE OFFICER;
   (2)  IS  APPOINTED BY A PUBLIC TRANSIT AGENCY IN COORDINATION WITH, OR
 BY, A LAW ENFORCEMENT AGENCY HAVING JURISDICTION;
   (3) HAS SATISFIED THE TRAINING REQUIREMENTS SET FORTH IN SECTION  2.30
 OF THIS ARTICLE FOR PEACE OFFICERS; AND
   (4)  MEETS  ANY  APPLICABLE  CERTIFICATION AND QUALIFICATION STANDARDS
 ESTABLISHED PURSUANT TO THIS SUBDIVISION.
   (II) "PUBLIC TRANSIT AGENCY"  MEANS  ANY  PUBLIC  BENEFIT  CORPORATION
 CREATED  PURSUANT TO THE PUBLIC AUTHORITIES LAW, OR ANY STATE, REGIONAL,
 OR LOCAL GOVERNMENTAL ENTITY, THAT OPERATES OR CONTRACTS FOR THE  OPERA-
 TION  OF  BUSES,  TRAINS,  SUBWAYS, COMMUTER RAIL, OR OTHER MASS TRANSIT
 SERVICES FOR THE GENERAL PUBLIC WITHIN NEW YORK STATE, INCLUDING BUT NOT
 LIMITED TO THE METROPOLITAN TRANSPORTATION  AUTHORITY  AND  ITS  SUBSID-
 IARIES, REGIONAL TRANSIT COMMISSIONS, AND MUNICIPAL TRANSIT OPERATORS.
   (III)  "FORMER POLICE OFFICER" MEANS A PERSON WHO PREVIOUSLY SERVED AS
 A POLICE OFFICER AND WHO SEPARATED FROM SUCH SERVICE IN  GOOD  STANDING,
 AS  DETERMINED  BY  THE  APPOINTING  AUTHORITY, AND WHO IS NOT CURRENTLY
 SERVING AS A POLICE OFFICER OR PEACE OFFICER.
   § 2. Subparagraphs 2, 4 and 5 of paragraph (b)  of  subdivision  2  of
 section  211  of  the  retirement and social security law, as amended by
 chapter 640 of the laws of 2008, are amended and a new subparagraph 6 is
 added to read as follows:
   (2) that [he or she] SUCH RETIRED PERSON will earn more than one thou-
 sand dollars in one year, including compensation earned in such position
 under other provisions of this article that there are not readily avail-
 able for recruitment persons qualified to perform  the  duties  of  such
 position; [and (4)];]
   (4)  that [his or her] SUCH RETIRED PERSON'S employment is in the best
 interests of the government service; [and]
   (5)(i) that there is an urgent need for  [his  or  her]  SUCH  RETIRED
 PERSON'S  services  in such position as a result of an unplanned, unpre-
 dictable and unexpected vacancy where sufficient time is  not  available
 to  recruit  a qualified individual and that such hiring shall be deemed
 as non-permanent rather than a final filling of such position; or
   (ii) that the prospective employer has undertaken  extensive  recruit-
 ment  efforts  to  fill such vacancy and as a result thereof, has deter-
 mined that there are  no  available  non-retired  persons  qualified  to
 perform the duties of such position[.]; AND
   (6)  THAT  IN  THE  CASE  OF  A  PERSON EMPLOYED AS A TRANSIT SECURITY
 MARSHAL, AS DEFINED BY SUBDIVISION EIGHTY-EIGHT OF SECTION 2.10  OF  THE
 CRIMINAL  PROCEDURE  LAW,  THE  DUTIES  OF SUCH TRANSIT SECURITY MARSHAL
 SHALL BE LIMITED TO PROVIDING SAFETY AND SECURITY  SERVICES  WITHIN  THE
 SCOPE  AUTHORIZED  BY  SUBDIVISION  EIGHTY-EIGHT  OF SECTION 2.10 OF THE
 CRIMINAL PROCEDURE LAW.
   § 3. Section 212 of the retirement and social security law is  amended
 by adding a new subdivision 4 to read as follows:
   4.  (A)  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
 THIS SECTION, THE EARNINGS LIMITATIONS SET FORTH THEREIN SHALL NOT APPLY
 TO A RETIRED PERSON WHO:
 A. 11054                            3
 
   (I) PREVIOUSLY SERVED AS A POLICE OFFICER AS  DEFINED  BY  SUBDIVISION
 THIRTY-FOUR  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW AND SEPARATED
 FROM SUCH SERVICE IN GOOD STANDING;
   (II) IS EMPLOYED AS A TRANSIT SECURITY MARSHAL, AS DEFINED BY SUBDIVI-
 SION EIGHTY-EIGHT OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW;
   (III)  IS  DETERMINED,  PURSUANT TO OBJECTIVE STANDARDS ESTABLISHED BY
 THE APPOINTING AUTHORITY, TO BE PHYSICALLY AND MENTALLY FIT  TO  PERFORM
 THE DUTIES OF SUCH POSITION; AND
   (IV)  HAS COMPLETED ALL REQUIRED TRAINING AND CERTIFICATION APPLICABLE
 TO SUCH POSITION.
   (B) THE EXEMPTION PROVIDED UNDER THIS SUBDIVISION SHALL  APPLY  SOLELY
 TO EMPLOYMENT IN THE TITLE OF TRANSIT SECURITY MARSHAL UNDER SUBDIVISION
 EIGHTY-EIGHT OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW AND SHALL NOT
 EXTEND TO ANY OTHER POSITION.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately.