Bill Text: NY A07511 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to peace officer powers of safety officers.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A07511 Detail]

Download: New_York-2013-A07511-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7511
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 22, 2013
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend  the mental hygiene law and the public health law, in
         relation to peace officer powers of safety officers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision (a) of section 7.25 of the mental hygiene law,
    2  as amended by chapter 22 of the laws of 1984,  is  amended  to  read  as
    3  follows:
    4    (a) The commissioner and the directors of in-patient facilities in the
    5  office  of mental health [may] SHALL designate safety officers to act as
    6  special policemen whose duty it shall be, under orders of the  appropri-
    7  ate  officer,  to  preserve  peace  and good order in facilities of such
    8  office and to fully protect the grounds, buildings, and  patients.  Such
    9  safety  officers  [acting  as  special  policemen] shall possess all the
   10  powers of peace officers, as set forth in section 2.20 of  the  criminal
   11  procedure  law[, while performing duties in or arising out of the course
   12  of their employment]. Such peace officers when acting pursuant to  their
   13  special  duties may issue and serve a simplified traffic information and
   14  appearance ticket, in the form prescribed by the commissioner  of  motor
   15  vehicles  pursuant to section two hundred seven of the vehicle and traf-
   16  fic law, upon a person when he has reasonable cause to believe that such
   17  person has committed a traffic infraction in  his  presence,  and  shall
   18  have  the  power  to  issue and serve an appearance ticket as defined in
   19  section 150.10 of the criminal procedure law for an offense other than a
   20  felony in lieu of an arrest.
   21    S 2. Subdivision (a) of section 13.25 of the mental  hygiene  law,  as
   22  amended  by  chapter  969  of  the  laws  of 1983, is amended to read as
   23  follows:
   24    (a) The commissioner and the directors of facilities under his  juris-
   25  diction  [may] SHALL designate safety officers to act as special police-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04793-01-3
       A. 7511                             2
    1  men whose duty it shall be, under orders of the appropriate officer,  to
    2  preserve  peace  and  good order in such facilities and to fully protect
    3  the grounds, buildings, and patients. Such safety  officers  [acting  as
    4  special  policemen]  shall  possess all the powers of peace officers, as
    5  set forth in section 2.20 of the criminal procedure law[, while perform-
    6  ing duties in or arising out of the course of their employment].    Such
    7  peace  officers  when  acting pursuant to their special duties may issue
    8  and serve a simplified traffic information and appearance ticket, in the
    9  form prescribed by  the  commissioner  of  motor  vehicles  pursuant  to
   10  section  two hundred seven of the vehicle and traffic law, upon a person
   11  when he has reasonable cause to believe that such person has committed a
   12  traffic infraction in his presence, and shall have the  power  to  issue
   13  and serve an appearance ticket as defined in section 150.10 of the crim-
   14  inal  procedure  law  for  an  offense other than a felony in lieu of an
   15  arrest.
   16    S 3. Section 455 of the public health law, as amended by  chapter  843
   17  of the laws of 1980, is amended to read as follows:
   18    S  455. Hospitals; special policemen; powers and duties. 1. The direc-
   19  tor of each hospital in the department [may] SHALL designate [attendants
   20  or other employees] SAFETY OFFICERS to act as  special  policemen  whose
   21  duty  it  shall  be  under  the  orders  of  the director to protect the
   22  grounds, buildings and patients of the hospital and to  eject  therefrom
   23  disorderly  persons.  Such  [attendants and employees, acting as special
   24  policemen,] SAFETY OFFICERS shall possess all the powers of peace  offi-
   25  cers,  as  set  forth in section 2.20 of the criminal procedure law[, on
   26  the grounds and premises].
   27    2. The designation of such [attendants and employees] SAFETY  OFFICERS
   28  as  special policemen in pursuance hereof, shall not be deemed to super-
   29  sede, on the grounds and premises of such  hospital,  the  authority  of
   30  peace  or police officers of the jurisdiction within which such hospital
   31  is located.
   32    S 4. This act shall take effect immediately.