Bill Text: NY A06845 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to granting peace officer status to certain designated employees of the Richmond county public administrator's office.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A06845 Detail]

Download: New_York-2011-A06845-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4443--A                                            A. 6845--A
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                     April 5, 2011
                                      ___________
       IN  SENATE -- Introduced by Sens. LANZA, SAVINO, KLEIN -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Codes  --  committee  discharged,  bill  amended, ordered reprinted as
         amended and recommitted to said committee
       IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS,  CUSICK,  TOBACCO  --
         read  once  and  referred  to  the  Committee  on  Codes  -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the criminal procedure  law,  in  relation  to  granting
         peace  officer  status to certain designated employees of the Richmond
         county public administrator's office
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    The  legislature  hereby finds that in order to promote
    2  public safety and the safety of peace officers that the  chief  investi-
    3  gator of the office of the Richmond county public administrator shall be
    4  authorized  to  exercise  the  powers of peace officers. The legislature
    5  finds that the officers so designated in this act are required by  occu-
    6  pation  to  conduct  dangerous  investigations of decedent property that
    7  exposes them to substantial risk of confrontation. Moreover, such  offi-
    8  cers are often entrusted to carry valuables in the form of cash, jewelry
    9  and other fungible items, exposing them to criminal mischief and harm to
   10  their person. In addition, the legislature finds that, due to exigencies
   11  of circumstance and the inability of local law enforcement to expend the
   12  resources  necessary  to  protect such officers from harassment and harm
   13  that the powers granted herein are necessary  for  the  safety  of  such
   14  officers  and  for the public in general. The legislature finds that, in
   15  order to mitigate risks to their persons,  the  officers  so  designated
   16  shall  have  the  power  to  possess properly licensed firearms, to make
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10557-02-1
       S. 4443--A                          2                         A. 6845--A
    1  arrests without warrant and to use all necessary physical force, includ-
    2  ing, as necessary, deadly force, to protect themselves and the public.
    3    S 2. Section 2.10 of the criminal procedure law is amended by adding a
    4  new subdivision 83 to read as follows:
    5    83. THE CHIEF INVESTIGATOR OF THE OFFICE OF THE RICHMOND COUNTY PUBLIC
    6  ADMINISTRATOR  DESIGNATED  BY  THE RICHMOND COUNTY PUBLIC ADMINISTRATOR;
    7  PROVIDED THAT SUCH CHIEF INVESTIGATOR SHALL BE LIMITED TO THE  FOLLOWING
    8  POWERS OF A PEACE OFFICER, AS SUCH POWERS ARE DEFINED IN SECTION 2.20 OF
    9  THIS ARTICLE:
   10    (A) TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM;
   11    (B)  THE  POWER TO MAKE WARRANTLESS ARRESTS PURSUANT TO SECTION 140.25
   12  OF THIS CHAPTER; AND
   13    (C) THE POWER TO USE PHYSICAL  FORCE  AND  DEADLY  PHYSICAL  FORCE  IN
   14  MAKING  AN  ARREST  OR PREVENTING AN ESCAPE PURSUANT TO SECTION 35.30 OF
   15  THE PENAL LAW.
   16    PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO
   17  AUTHORIZE SUCH OFFICER TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM
   18  UNLESS THE APPROPRIATE LICENSE THEREFOR  HAS  BEEN  ISSUED  PURSUANT  TO
   19  SECTION 400.00 OF THE PENAL LAW.
   20    S 3. This act shall take effect immediately.