Legislation

Search OpenLegislation Statutes
This entry was published on 2021-04-02
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 89-F
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 7-A
§ 89-f. Definitions. As used in this article, the following words and
phrases shall have the following meanings:

1. "Commissioner" shall mean the commissioner of the division of
criminal justice services.

2. "Division" shall mean the division of criminal justice services.

3. "Secretary" shall mean the secretary of state.

4. "Department" shall mean the department of state.

5. "Security guard company" shall mean any person, firm, limited
liability company, corporation, public entity or subsidiary or
department of such firm, limited liability company, corporation or
public entity employing one or more security guards or being
self-employed as a security guard on either a proprietary basis for its
own use or on a contractual basis for use by another person, firm,
limited liability company, corporation, public entity or subsidiary
thereof within the state.

6. "Security guard" shall mean a person, other than a police officer,
employed by a security guard company to principally perform one or more
of the following functions within the state:

a. protection of individuals and/or property from harm, theft or other
unlawful activity;

b. deterrence, observation, detection and/or reporting of incidents in
order to prevent any unlawful or unauthorized activity including but not
limited to unlawful or unauthorized intrusion or entry, larceny,
vandalism, abuse, arson or trespass on property;

c. street patrol service;

d. response to but not installation or service of a security system
alarm installed and/or used to prevent or detect unauthorized intrusion,
robbery, burglary, theft, pilferage and other losses and/or to maintain
security of a protected premises.

Provided, however, that a security guard who is otherwise subject to
regulation with respect to registration and training by the federal
government in the performance of their duties, or a security guard
providing such services on a voluntary basis, shall not be subject to
the provisions of this article.

7. "Public entity" shall mean:

a. the state of New York;

b. a county, city, town, village or any other political subdivision or
civil department or division of the state;

c. any other public corporation, public authority, commission, agency,
municipal or other public housing authority, or project organized
pursuant to article two of the private housing finance law;

d. any other governmental instrumentality or governmental unit in the
state of New York.

8. "Security system" shall mean an assembly of equipment and devices
or a single device designated to detect and/or signal an unauthorized
intrusion into premises or to signal an attempted robbery, burglary,
theft, pilferage or other loss at a protected premises, and with respect
to which signal, police and/or security guards are expected to respond.
Smoke and/or fire alarm systems are excluded from the provisions of this
article.

9. "Applicant" shall mean an individual who has filed an application
with the department for a security guard registration card.

10. "Holder" shall mean an individual who has been issued a
registration card by the department.

11. "Registration card" shall mean a photographic identification card
issued by the department, including a special armed guard registration
card signifying that the individual identified thereon has been
authorized by the department to perform security guard functions.

12. "Special armed guard registration card" shall mean a registration
card issued by the department signifying that the individual thereon has
been certified by the department to perform security guard functions and
to carry firearms in connection with such functions. Nothing herein
contained shall relieve such guard from any provision of law which
requires that he or she be licensed to carry such firearm.

13. "Serious offense" shall mean any felony involving the offenses
enumerated in the closing paragraph of this subdivision; a criminal
solicitation of or a conspiracy to commit or an attempt to commit or a
criminal facilitation of a felony involving the offenses enumerated in
the closing paragraph of this subdivision, which criminal solicitation,
conspiracy, attempt or criminal facilitation itself constitutes a felony
or any offense in any other jurisdiction which if committed in this
state would constitute a felony; any offense in any other jurisdiction
which if committed in this state would constitute a felony provided that
for the purposes of this article, none of the following shall be
considered criminal convictions or reported as such: (i) a conviction
for which an executive pardon has been issued pursuant to the executive
law; (ii) a conviction which has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the
criminal procedure law, or the applicable provisions of law of any other
jurisdiction; or (iii) a conviction the records of which have been
sealed pursuant to the applicable provisions of the laws of this state
or of any other jurisdiction; and (iv) a conviction for which other
evidence of successful rehabilitation to remove the disability has been
issued.

Felonies involving: assault, aggravated assault and reckless
endangerment pursuant to article one hundred twenty; vehicular
manslaughter, manslaughter and murder pursuant to article one hundred
twenty-five; sex offenses pursuant to article one hundred thirty;
unlawful imprisonment, kidnapping or coercion pursuant to article one
hundred thirty-five; criminal trespass and burglary pursuant to article
one hundred forty; criminal mischief, criminal tampering and tampering
with a consumer product pursuant to article one hundred forty-five;
arson pursuant to article one hundred fifty; larceny and offenses
involving theft pursuant to article one hundred fifty-five; offenses
involving computers pursuant to article one hundred fifty-six; robbery
pursuant to article one hundred sixty; criminal possession of stolen
property pursuant to article one hundred sixty-five; forgery and related
offenses pursuant to article one hundred seventy; involving false
written statements pursuant to article one hundred seventy-five;
commercial bribing and commercial bribe receiving pursuant to article
one hundred eighty; criminal impersonation and scheme to defraud
pursuant to article one hundred ninety; bribery involving public
servants and related offenses pursuant to article two hundred; perjury
and related offenses pursuant to article two hundred ten; tampering with
a witness, intimidating a victim or witness and tampering with physical
evidence pursuant to article two hundred fifteen; criminal possession of
a controlled substance pursuant to sections 220.06, 220.09, 220.16,
220.18 and 220.21; criminal sale of a controlled substance pursuant to
sections 220.31, 220.34, 220.39, 220.41, 220.43 and 220.44; criminal
sale of cannabis pursuant to sections 222.55, 222.60 and 222.65; riot in
the first degree, aggravated harassment in the first degree, criminal
nuisance in the first degree and falsely reporting an incident in the
second or first degree pursuant to article two hundred forty; and crimes
against public safety pursuant to article two hundred sixty-five of the
penal law.

14. "Peace officer" shall mean a peace officer as defined by
subdivision thirty-three of section 1.20 of the criminal procedure law,
who is employed full-time as a peace officer and who has successfully
completed the training requirements as set forth in subdivision one of
section 2.30 of such law.

15. "Police officer" shall mean a police officer as defined by
subdivision thirty-four of section 1.20 of the criminal procedure law.