Senate Bill S10106

                                 
BILL NUMBER: S10106

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to granting
peace officer status to uniformed court officers of the village of Dobbs
Ferry in Westchester County

 
PURPOSE:

The purpose of this bill is to designate individuals working as Court
Security Officers in the Village of Dobbs Ferry as Peace Officers

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the criminal procedure law by adding a new
subdivision. With this amendment, any person hired by the Village of
Dobbs Ferry, in Westchester County, to serve as a Court Security Officer
in the Village Court will be designated a Peace Officer in New York
State, so long as they meet the training requirements outlined in exist-
ing law. The designation of Peace Officer will grant the Village's Court
              

Security Officers the power to make warrantless arrests, carry out
constitutional warrantless searches, and issue appearance tickets, among
other powers, when acting within their official duties.

This amendment also states that, even though they will be designated as
Peace Officers, the Village's Court Security Officers will only be
authorized to carry a firearm while acting within their official duties
after they have applied for and received the appropriate licenses.

Section 2 is the effective date.

 
JUSTIFICATION:

The Village of Dobbs Ferry, located in Westchester County, employs Court
Security Officers in its Village Court. These officers are responsible
for maintaining order and decorum in the Village Court and for providing
security in the courtroom and on court premises.

The position and job specifications of a Court Security Officer in the
Village are regulated by the Westchester County Department of Human
Resources, pursuant to the Westchester County Civil Service Rules.
Under the Westchester County Department of Human Resources' job specifi-
cation, the job of Court Security Officer is distinguished from the job
of Court Attendant "in that this position is a peace officer."

While Westchester County has stated its intent for Court Security Offi-
cers in the county to be designated as Peace Officers, the County itself
does not have the authority to make this designation. Existing law
states that individuals are designated Peace Officers only if the job
they hold is listed in Section 2.10 of the State Criminal Procedure Law.
Therefore, designating the Village's Court Security Officers as Peace
Officers requires action by the State Legislature.

This bill amends the Criminal Procedure Law by adding the Village's
Court Security Officers to the list of jobs across the State whose work-
ers are designated as Peace Officers. This designation will grant the
Village's Court Security Officers a limited number of powers granted to
Peace Officers by the criminal procedure law.  Additionally, the bill
restates that Court Security Officers can only carry a firearm during
their job if they have applied for, and received, the appropriate
firearm licenses.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.