Bill Text: NY A07639 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to residency requirements for certain peace officers in Putnam county; allows peace officers residing in counties adjacent to Putnam county to be appointed as peace officers for the Putnam county society for the prevention of cruelty to animals.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2021-07-16 - signed chap.263 [A07639 Detail]

Download: New_York-2021-A07639-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7639

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 19, 2021
                                       ___________

        Introduced  by M. of A. GALEF -- read once and referred to the Committee
          on Governmental Operations

        AN ACT to amend the  public  officers  law,  in  relation  to  residency
          requirements for certain peace officers in Putnam county

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 3-b of the public officers law, as
     2  separately amended by chapters 145 and 175  of  the  laws  of  2018,  is
     3  amended to read as follows:
     4    1.  No  sheriff  of  a  county, mayor of a city, or official, or other
     5  persons authorized by law to appoint special  deputy  sheriffs,  special
     6  constables,  marshals, police officers, or peace officers in this state,
     7  to preserve the public peace or quell public disturbance, shall hereaft-
     8  er, at the instance of any agent, society, association  or  corporation,
     9  or  otherwise,  appoint  as  such  special  deputy,  special  constable,
    10  marshal, police officer, or peace officer, any person who shall not be a
    11  citizen of the United States and a resident of the state  of  New  York,
    12  and entitled to vote therein at the time of his appointment, and a resi-
    13  dent of the same county as the mayor or sheriff or other official making
    14  such  appointment;  provided,  however,  that when, in the judgment of a
    15  sheriff of a county except those counties within the city of New York  a
    16  situation  exists  which  requires temporary additional assistance, such
    17  sheriff may appoint special deputy sheriffs who are non-residents of the
    18  county but residents of the state of New  York  who  shall  hold  office
    19  until  such time as the appointing sheriff determines that the situation
    20  no longer exists; and no person shall assume or exercise the  functions,
    21  powers,  duties  or  privileges  incident and belonging to the office of
    22  special deputy sheriff, special constables, marshal, police officer,  or
    23  peace  officer, without having first received his appointment in writing
    24  from the authority lawfully appointing him.  Nothing  herein  contained,
    25  however,  shall  apply to the appointment of a non-resident, as an emer-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11031-01-1
        A. 7639                             2

     1  gency special deputy sheriff, by the sheriff of any county to  act  when
     2  such  sheriff  has declared a state of special emergency pursuant to the
     3  provisions of section two hundred nine-f of the general  municipal  law.
     4  Provided  further,  that  any  person otherwise qualified who resides in
     5  either the county of Nassau or the county of Suffolk may at the instance
     6  of a society for the prevention of cruelty to animals be appointed as  a
     7  peace  officer  by the appropriate appointing official of either of such
     8  counties notwithstanding that such appointee does not reside in the same
     9  county as the appointing official. Provided, further,  that  any  person
    10  qualified who resides in a county adjacent to the county of Allegany may
    11  at  the instance of the society for the prevention of cruelty to animals
    12  for the county of Allegany be appointed as a peace officer by the appro-
    13  priate appointing official of the county of Allegany. Provided, further,
    14  that any person qualified who resides in a county adjacent to the county
    15  of Albany may at the instance of  the  society  for  the  prevention  of
    16  cruelty  to  animals  for  the  county of Albany be appointed as a peace
    17  officer by the appropriate appointing official of the county of  Albany.
    18  Provided,  further,  that  any person otherwise qualified who resides in
    19  the county of Orange or Westchester may at the instance of  the  society
    20  for  the  prevention of cruelty to animals for the county of Rockland be
    21  appointed as a peace officer by the appropriate appointing  official  of
    22  the county of Rockland. Provided, further, that any person qualified who
    23  resides in a county adjacent to the county of Putnam may at the instance
    24  of  the  society for the prevention of cruelty to animals for the county
    25  of Putnam be appointed as a peace officer by the appropriate  appointing
    26  official in the county of Putnam.
    27    § 2. This act shall take effect immediately.