Bill Text: NY A05817 | 2019-2020 | General Assembly | Introduced


Bill Title: Exempts certain officers of the department of correction and the department of sanitation of the city of New York from training requirements for security guards; designates correction officers of New York city as peace officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-19 - referred to economic development [A05817 Detail]

Download: New_York-2019-A05817-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5817
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Economic Development
        AN  ACT  to  amend  the  general  business law, in relation to exempting
          certain officers of the departments of correction  and  sanitation  of
          the  city  of New York from training requirements for security guards;
          and to amend the criminal procedure law, in  relation  to  designating
          correction officers of New York city as peace officers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs a, f and g of subdivision 4 of section  89-n  of
     2  the  general business law, paragraphs a and f as amended and paragraph g
     3  as added by chapter 221 of the laws of 2003, are amended and a new para-
     4  graph h is added to read as follows:
     5    a. a correction officer of any state correctional facility or a member
     6  of the uniformed correction force of the New  York  city  department  of
     7  correction  having the powers of a peace officer pursuant to subdivision
     8  twenty-five of section 2.10 of the criminal procedure law;
     9    f. a police officer as defined in paragraphs (a), (b), (c), (d),  (e),
    10  (f),  (j),  (k),  (l), (o) and (p) of subdivision thirty-four of section
    11  1.20 of the criminal procedure  law  who  has  been  retired  from  such
    12  employment for a period not to exceed ten years, provided, however, that
    13  a retired police officer who has been retired from such employment for a
    14  period  in excess of ten years shall be required to provide proof to his
    15  or her security guard employer of his or her satisfactory completion  of
    16  an  eight hour annual in-service training course approved by the commis-
    17  sioner, and provided further, however, that a retired police officer who
    18  will be required by his or  her  security  guard  employer  to  carry  a
    19  firearm  or will be authorized to have access to a firearm shall provide
    20  to such employer proof of  his  or  her  satisfactory  completion  of  a
    21  forty-seven  hour  firearms training course approved by the commissioner
    22  and, if such firearms training course has not been completed within  one
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05305-01-9

        A. 5817                             2
     1  year  prior to such employment, satisfactory completion of an additional
     2  eight hour annual firearms in-service training course  approved  by  the
     3  commissioner,  such  training  course to be completed at least annually;
     4  [or]
     5    g.  a peace officer as defined in subdivisions two, twenty and twenty-
     6  five and paragraphs a and b of subdivision twenty-one of section 2.10 of
     7  the criminal procedure law who has been retired from such employment for
     8  a period not to exceed ten years,  provided,  however,  that  a  retired
     9  peace  officer who has been retired from such employment for a period in
    10  excess of ten years shall be required to provide proof  to  his  or  her
    11  security  guard  employer  of  his  or her satisfactory completion of an
    12  eight hour annual in-service training course approved by  the  municipal
    13  police  training  council, and provided further, however, that a retired
    14  peace officer who will be required by his or her security guard employer
    15  to carry a firearm or will be authorized to have  access  to  a  firearm
    16  shall  provide  to  such  employer  proof  of  his  or  her satisfactory
    17  completion of a forty-seven hour firearms training  course  approved  by
    18  the  municipal  police  training  council and, if such firearms training
    19  course has not been completed  within  one  year  prior  to  employment,
    20  satisfactory  completion  of  an  additional  eight hour annual firearms
    21  in-service training course approved by  the  municipal  police  training
    22  council, such training course to be completed at least annually[.]; or
    23    h.  an officer or member of the sanitation police of the department of
    24  sanitation of the city of New York having the powers of a peace  officer
    25  pursuant  to  subdivision  fifty-nine  of  section  2.10 of the criminal
    26  procedure law.
    27    § 2.  Subdivision 25 of section 2.10 of the criminal procedure law, as
    28  amended by section 70 of subpart B of part C of chapter 62 of  the  laws
    29  of 2011, is amended to read as follows:
    30    25.  Officials, as designated by the commissioner of the department of
    31  corrections and community supervision pursuant to rules of  the  depart-
    32  ment, and correction officers of any state or New York city correctional
    33  facility or of any penal correctional institution.
    34    § 3. This act shall take effect immediately.
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