Bill Text: NY A10815 | 2017-2018 | General Assembly | Introduced

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Bill Title: Allows qualified persons residing in the county of Orange or Westchester to be appointed as a peace officer in the county of Rockland at the instance of the society for the prevention of cruelty to animals for the county of Rockland.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-07-31 - signed chap.175 [A10815 Detail]

Download: New_York-2017-A10815-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10815
                   IN ASSEMBLY
                                      May 21, 2018
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI,  SKOUFIS, JAFFEE -- read once and
          referred to the Committee on Governmental Operations
        AN ACT to amend the public officers law, in relation to the  appointment
          of peace officers in the county of Rockland
          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  amended by chapter 497 of the laws  of  2012,  is  amended  to  read  as
     3  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-
    26  gency special deputy sheriff, by the sheriff of any county to  act  when
    27  such  sheriff  has declared a state of special emergency pursuant to the
    28  provisions of section two hundred nine-f of the general  municipal  law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15987-01-8
        A. 10815                            2
     1  [Any]Provided  further,  that any person otherwise qualified who resides
     2  in either the county of Nassau or the  county  of  Suffolk  may  at  the
     3  instance  of  a  society  for  the  prevention  of cruelty to animals be
     4  appointed  as  a peace officer by the appropriate appointing official of
     5  either of such counties notwithstanding that  such  appointee  does  not
     6  reside in the same county as the appointing official. Provided, further,
     7  that any person qualified who resides in a county adjacent to the county
     8  of  Allegany  may  at  the instance of the society for the prevention of
     9  cruelty to animals for the county of Allegany be appointed  as  a  peace
    10  officer  by the appropriate appointing official of the county of Allega-
    11  ny. Provided, further, that any person otherwise qualified  who  resides
    12  in the county of Orange or Westchester may at the instance of the socie-
    13  ty  for  the prevention of cruelty to animals for the county of Rockland
    14  be appointed as a peace officer by the appropriate  appointing  official
    15  of the county of Rockland.
    16    § 2. This act shall take effect immediately.