Bill Text: NY S00155 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to persons designated as peace officers and the authority of such peace officers to carry, possess, repair, or dispose of a firearm without an appropriate license.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2019-02-20 - PRINT NUMBER 155A [S00155 Detail]

Download: New_York-2019-S00155-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         155--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sens. HELMING, AKSHAR, AMEDORE, RITCHIE -- 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
        AN ACT to amend the  criminal  procedure  law,  the  alcoholic  beverage
          control  law,  the  administrative  code  of the city of New York, the
          correction law, the civil rights law, the civil service law, the exec-
          utive law, the general business law, the public authorities  law,  the
          public health law, the public officers law, the penal law, the tax law
          and  the workers' compensation law, in relation to peace officers; and
          to repeal certain provisions of the criminal  procedure  law  relating
          thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Sections 2.10 and 2.16 of the criminal  procedure  law  are
     2  REPEALED and a new section 2.10 is added to read as follows:
     3  § 2.10 Persons designated as peace officers.
     4    1. Notwithstanding the provisions of any general, special or local law
     5  or  charter to the contrary, the following persons shall have the powers
     6  of, and shall be peace officers and shall have the authority  to  carry,
     7  possess,  repair, or dispose of a firearm without an appropriate license
     8  therefor issued pursuant to section 400.00 of the penal law:
     9    (a) Parole officers and warrant officers.
    10    (a-1) Parole revocation specialists.
    11    (b) Probation officers.
    12    (c) Officials of the department of corrections  and  community  super-
    13  vision  and  correction  officers  of  any  state correctional facility,
    14  appointed and  designated  by  the  commissioner  as  a  peace  officer;
    15  correction  officers of any penal correctional institution appointed and
    16  designated by the sheriff of a county as a peace officer; and cell block
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04958-02-9

        S. 155--A                           2
     1  attendants employed by a police department appointed and  designated  by
     2  the head of a police department as a peace officer.
     3    (d)  Uniformed  court  officers,  court  clerks, marshalls, and deputy
     4  marshalls of the unified court system; court  security  officers,  mars-
     5  halls  or court attendants appointed and designated as peace officers by
     6  a city, town, village or sheriff.
     7    (e) Bridge and tunnel  officers,  sergeants  and  lieutenants  of  the
     8  Triborough bridge and tunnel authority.
     9    (f)  The sheriff, undersheriff, and deputy sheriffs of the city of New
    10  York and sworn officers of the Westchester county department  of  public
    11  safety  services  appointed after January thirty-first, nineteen hundred
    12  eighty-three to the title of public safety officer and who performs  the
    13  functions previously performed by a Westchester county deputy sheriff on
    14  or prior to such date.
    15    2. Notwithstanding the provisions of any general, special or local law
    16  or  charter to the contrary, the following persons shall have the powers
    17  of, and shall be peace officers, provided however that nothing  in  this
    18  subdivision  shall  be  deemed  to  authorize  such  officers  to carry,
    19  possess, repair or dispose of a firearm unless the  appropriate  license
    20  therefor  has  been  issued  pursuant to section 400.00 of the penal law
    21  unless such person was appointed prior to the  effective  date  of  this
    22  act:
    23    (a)  Constables  or  police  constables of a town or village, provided
    24  such designation is not inconsistent with local law  and  appointed  and
    25  designated by the town or village as peace officers.
    26    (b) Bay constables of the village of Mamaroneck and the towns of Hemp-
    27  stead, Oyster Bay, South Hampton, North Hempstead and Islip who prior to
    28  April  third,  nineteen  hundred ninety-eight served as harbormaster for
    29  such town and whose position was reclassified as bay constable for  such
    30  town  prior  to such date, appointed and designated by the town as peace
    31  officers.
    32    (c) Harbor masters appointed and designated by a county, city, town or
    33  village as peace officers.
    34    (d) Officers  or  agents  of  a  duly  incorporated  society  for  the
    35  prevention of cruelty to animals.
    36    (e)  Persons employed by a state or county or political subdivision of
    37  the state or county assigned to the investigation and enforcement of any
    38  criminal or tax law and designated by the state or county subdivision as
    39  a peace officer.
    40    (f) Uniformed housing guards of the Buffalo municipal housing authori-
    41  ty.
    42    (g) Persons appointed and designated as peace officers by the  Niagara
    43  frontier  transportation  authority, pursuant to subdivision thirteen of
    44  section twelve hundred ninety-nine-e of the public authorities law.
    45    3. Notwithstanding the provisions of any general, special or local law
    46  or charter to the contrary, the following persons shall have the  powers
    47  of,  and  shall  be peace officers provided however that nothing in this
    48  subdivision shall  be  deemed  to  authorize  such  officers  to  carry,
    49  possess,  repair  or dispose of a firearm unless the appropriate license
    50  therefor has been issued pursuant to section 400.00 of the penal law and
    51  the employer has authorized such officer to possess a firearm during any
    52  phase of the officer's on-duty employment:
    53    (a) Supervising fire  inspectors,  fire  inspectors,  fire  marshalls,
    54  chief  fire  marshalls,  and  assistant  fire marshalls, fire prevention
    55  employees, fire investigators employed by and appointed  and  designated
    56  as a peace officer by the state, a county, city, or a political subdivi-

        S. 155--A                           3
     1  sion  of  the  state,  county  or  city or a fire department when acting
     2  pursuant to their special duties  in  matters  arising  under  the  laws
     3  relating to fires, the extinguishment thereof and fire perils.
     4    (b)  Persons  employed  by  a  college,  university, sheriff or police
     5  department as members of the security force of such college or universi-
     6  ty  for  the  protection  of  grounds,  buildings,  and  property,   the
     7  prevention of crime and enforcement of law and order and the enforcement
     8  of  such rules and regulations of such college or university when desig-
     9  nated by the college or university as a peace  officer.  The  geographic
    10  area  of  employment  for  peace  officers employed by the University of
    11  Rochester shall include any public street and sidewalk  that  abuts  the
    12  grounds,  buildings or property of such university. Special deputy sher-
    13  iffs appointed by the sheriff of Tompkins county for the  protection  of
    14  the  grounds,  buildings  and  property  of  Ithaca  college  may,  when
    15  requested by the sheriff, provide assistance on any public highway which
    16  crosses or adjoins such property.  Syracuse  University  peace  officers
    17  appointed  by  the chief law enforcement officer of the city of Syracuse
    18  for the protection of the grounds, buildings and  property  of  Syracuse
    19  University  may,  when requested by the chief law enforcement officer of
    20  the city of Syracuse or his or her designee, including by means of writ-
    21  ten protocols agreed to by the chief law enforcement officer of the city
    22  of Syracuse and Syracuse University, provide assistance  on  any  public
    23  highway  which  crosses or adjoins such grounds or premises.  Nothing in
    24  this paragraph shall be deemed to limit any  of  the  specific  training
    25  requirements set forth in the education law.
    26    (c) Parole revocation specialists in the department of corrections and
    27  community notification.
    28    (d)  The welfare inspector general and investigators designated by the
    29  welfare inspector general.
    30    (e) The workers' compensation fraud  inspector  general  and  investi-
    31  gators designated by the workers' compensation fraud inspector general.
    32    (f) Parks, recreation, or forest rangers employed by and appointed and
    33  designated  as  peace  officers  by  the  state, a county or a political
    34  subdivision of the state or county.
    35    (g) Officers  or  agents  of  a  duly  incorporated  society  for  the
    36  prevention of cruelty to children in Rockland county.
    37    (h) Special policemen designated by the commissioner and the directors
    38  of  in-patient  facilities  in  the  office of mental health pursuant to
    39  section 7.25 of the mental hygiene law, and special policemen designated
    40  by the commissioner and the directors of facilities under his  jurisdic-
    41  tion  in  the office for people with developmental disabilities pursuant
    42  to section 13.25 of the mental hygiene law.
    43    (i) Persons designated as special  policemen  by  the  director  of  a
    44  hospital  in  the  department of health pursuant to section four hundred
    45  fifty-five of the public health law.
    46    (j) Uniformed enforcement forces of the New York state thruway author-
    47  ity, when acting pursuant to subdivision two of  section  three  hundred
    48  sixty-one of the public authorities law.
    49    (k)  Employees  of  the  department  of  health designated pursuant to
    50  section thirty-three hundred eighty-five of the public health law.
    51    (l) Bay constables of the city of Rye, the village of South Nyack  and
    52  bay constables of the towns of East Hampton, Riverhead, Southold, Islip,
    53  Shelter  Island, Brookhaven, Babylon, Smithtown and Huntington appointed
    54  and designated by the town, city or village as peace officers.
    55    (m) Patrolmen appointed and designated by the Lake George park commis-
    56  sion as peace officers.

        S. 155--A                           4
     1    (n) Peace officers appointed and designated pursuant to the provisions
     2  of the New York state defense emergency act, as  set  forth  in  chapter
     3  seven  hundred eighty-four of the laws of nineteen hundred fifty-one, as
     4  amended, when acting pursuant to their special duties during a period of
     5  attack  or  imminent  attack  by enemy forces, or during official drills
     6  called to combat natural  or  man-made  disasters,  or  during  official
     7  drills  in  preparation  for an attack by enemy forces or in preparation
     8  for a natural or man-made disaster; provided  that  such  officer  shall
     9  have  the powers set forth in section 2.20 of this article only during a
    10  period of imminent or actual attack by enemy forces  and  during  drills
    11  authorized  under  section twenty-nine-b of the executive law, providing
    12  for the use of civil defense forces in  disasters.  Notwithstanding  any
    13  other provision of law, such officers shall have the power to direct and
    14  control  traffic  during official drills in preparation for an attack by
    15  enemy forces or in preparation for combating natural or man-made  disas-
    16  ters;  however,  this grant does not include any of the other powers set
    17  forth in section 2.20 of this article.
    18    (o) New York city special patrolmen appointed by  the  police  commis-
    19  sioner provided, however, that nothing in this paragraph shall be deemed
    20  to  authorize  such officer to carry a firearm for which the appropriate
    21  license therefor has been issued pursuant to section 400.00 of the penal
    22  law unless the employer has authorized such officer to possess a firearm
    23  during any phase of the officers on-duty employment.  Special  patrolmen
    24  shall  have  the  powers  set forth in section 2.20 of this article only
    25  when they are acting pursuant to their special duties; provided,  howev-
    26  er,  that  the  following  categories of New York city special patrolmen
    27  shall have such powers whether or not they are acting pursuant to  their
    28  special  duties:  school safety officers employed by the board of educa-
    29  tion of the city of New York;  parking  control  specialists,  taxi  and
    30  limousine  inspectors,  urban  park  rangers  and  evidence and property
    31  control specialists employed by  the  city  of  New  York;  and  further
    32  provided that, with respect to the aforementioned categories of New York
    33  city  special  patrolmen,  where  such  a  special  patrolman  has  been
    34  appointed by the police commissioner and, upon the  expiration  of  such
    35  appointment the police commissioner has neither renewed such appointment
    36  nor  explicitly  determined  that such appointment shall not be renewed,
    37  such appointment shall remain in full  force  and  effect  indefinitely,
    38  until  such  time  as  the  police  commissioner expressly determines to
    39  either renew or terminate such appointment.
    40    (p) All officers and members of the uniformed force of  the  New  York
    41  city  fire  department  as  set  forth  and  subject  to any limitations
    42  contained in the administrative code of the city of New York.
    43    (q) Special policemen  for  horse  racing,  appointed  and  designated
    44  pursuant  to sections two hundred twenty-three, three hundred twelve and
    45  four hundred twelve of the racing,  pari-mutuel  wagering  and  breeding
    46  law.
    47    (r) Waterfront and airport investigators, pursuant to subdivision four
    48  of section 5-b of part II of the waterfront and airport commission act.
    49    (s)  Special  patrolmen of a political subdivision, appointed pursuant
    50  to section two hundred nine-v of the general municipal law.
    51    (t) Special officers employed by the city of New York or  by  the  New
    52  York city health and hospitals corporation. The New York city health and
    53  hospitals  corporation shall employ peace officers appointed pursuant to
    54  this subdivision to perform the patrol, investigation,  and  maintenance
    55  of  the  peace  duties  of  special  officer, senior special officer and
    56  hospital security officer, provided however that nothing in  this  para-

        S. 155--A                           5
     1  graph  shall  prohibit  managerial,  supervisory,  or  state licensed or
     2  certified professional employees of the corporation from performing such
     3  duties where they are incidental to their usual duties, or shall prohib-
     4  it  police  officers  employed  by  the city of New York from performing
     5  these duties.
     6    (u) Fire police squads  organized  pursuant  to  section  two  hundred
     7  nine-c  of  the general municipal law, at such times as the fire depart-
     8  ment, fire company or an emergency rescue and first  aid  squad  of  the
     9  fire  department  or fire company are on duty, or when, on orders of the
    10  chief of the fire department or fire company of which they are  members,
    11  they  are separately engaged in response to a call for assistance pursu-
    12  ant to the provisions of section two hundred nine of the general munici-
    13  pal law.
    14    (v) Housing patrolmen of the Mount Vernon housing authority, appointed
    15  and designated as peace officers and acting pursuant  to  rules  of  the
    16  Mount Vernon housing authority.
    17    (w) Persons appointed and designated as peace officers by the Sea Gate
    18  Association  pursuant to the provisions of chapter three hundred ninety-
    19  one of the laws of nineteen hundred forty.
    20    (x) New York state air base security guards when  they  are  appointed
    21  and  designated as peace officers under military regulations promulgated
    22  by the chief of staff to the governor and when performing  their  duties
    23  as  air  base  security  guards pursuant to orders issued by appropriate
    24  military authority.
    25    (y) Members of  the  army  national  guard  military  police  and  air
    26  national  guard security personnel belonging to the organized militia of
    27  the state of New York when they are appointed and  designated  as  peace
    28  officers  under military regulations promulgated by the adjutant general
    29  and when performing their duties as military policemen or  air  security
    30  personnel pursuant to orders issued by appropriate military authority.
    31    (z)  Transportation  supervisors in the city of White Plains appointed
    32  and designated by the commissioner of public safety in the city of White
    33  Plains as peace officers.
    34    (aa) Security hospital treatment assistants, appointed and  designated
    35  by  the  commissioner  of  the office of mental health as peace officers
    36  while performing duties in or arising out of the course of their employ-
    37  ment.
    38    (bb) Authorized agents of the municipal directors of weights and meas-
    39  ures in the counties of Suffolk,  Nassau  and  Westchester  when  acting
    40  pursuant  to  their  special  duties as set forth in section one hundred
    41  eighty-one of the agriculture and markets law.
    42    (cc) Special policemen appointed and designated by  a  town  as  peace
    43  officers pursuant to section one hundred fifty-eight of the town law.
    44    (dd)  Dog control and animal control officers appointed and designated
    45  as peace officers by a political subdivision of the state.
    46    (ee) Harbor park rangers employed by the Snug Harbor  cultural  center
    47  in  Richmond  county and appointed as New York city special patrolmen by
    48  the police commissioner pursuant to the administrative code of the  city
    49  of  New York.  Notwithstanding any provision of law, rule or regulation,
    50  such officers shall be authorized to issue appearance  tickets  pursuant
    51  to  section  150.20 of this chapter, and shall have such other powers as
    52  are specified in section 2.20 of this article only when acting  pursuant
    53  to their special duties.
    54    (ff) Officers of the Westchester county public safety emergency force,
    55  when  activated  by  the commissioner of public safety or the sheriff of
    56  the county of Westchester.

        S. 155--A                           6
     1    (gg) Uniformed members of the  security  force  of  the  Troy  housing
     2  authority  appointed  and  designated  by  the Troy housing authority as
     3  peace officers.
     4    (hh)  Officers  and members of the sanitation police of the department
     5  of sanitation of the city of New York, duly appointed and designated  as
     6  peace  officers  by such department.  Provided, further, that nothing in
     7  this paragraph shall be deemed to apply to officers and members  of  the
     8  sanitation  police  regularly and exclusively assigned to enforcement of
     9  such city's residential recycling laws.
    10    (ii) Employees of the office of children and family services  assigned
    11  to  transport  and warrants units who are specifically designated by the
    12  director in accordance with section five hundred four-b of the executive
    13  law.
    14    (jj) Employees appointed and designated as peace officers by a sheriff
    15  pursuant to their special duties  serving  as  uniformed  marine  patrol
    16  officers.
    17    (kk)  Airport security guards, senior airport security guards, airport
    18  security supervisors, retired police officers, and supervisors of  same,
    19  who  are appointed and designated by resolution of the town board of the
    20  town of Islip to provide security at Long Island MacArthur Airport  when
    21  acting  pursuant  to  their  duties  as  such,  and such authority being
    22  specifically limited to the grounds of the said airport.
    23    (ll) Members of the security force employed and appointed  and  desig-
    24  nated as peace officers by Erie County Medical Center.
    25    (mm)  Employees  of  the  New  York city business integrity commission
    26  appointed and designated as peace officers by the  chairperson  of  such
    27  commission.
    28    (nn)  Members  of the security force employed by Kaleida Health within
    29  and directly adjacent to the hospital buildings on  the  medical  campus
    30  located  between  East  North  Street,  Goodell  Street, Main Street and
    31  Michigan Avenue. These officers shall only have  the  powers  listed  in
    32  paragraph  (c)  of  subdivision  one of section 2.20 of this article, as
    33  well as the power to detain an individual for  a  reasonable  period  of
    34  time  while  awaiting  the arrival of law enforcement, provided that the
    35  officer has actual knowledge, or probable cause to  believe,  that  such
    36  individual has committed an offense.
    37    (oo)  Watershed  protection  and enforcement officers appointed by the
    38  city of Peekskill. Such officers shall only have the powers set forth in
    39  paragraphs (a), (b), (c), (f),  (g),  and  (h)  of  subdivision  one  of
    40  section  2.20  of  this  article  and,  notwithstanding paragraph (b) of
    41  subdivision thirty-four-a of section 1.20 of this  title  and  paragraph
    42  (b)  of  subdivision  five  of section 140.25 of this chapter, watershed
    43  protection and enforcement officers are authorized to make  arrests  and
    44  issue  appearance  tickets  in those areas of the Hollow Brook watershed
    45  and Wiccopee reservoir located outside of the city of Peekskill  in  the
    46  counties  of  Putnam  and  Westchester,  including along its reservoirs,
    47  shoreline, and tributaries.
    48    § 2. Subdivision 23 of section 105 of the alcoholic  beverage  control
    49  law,  as added by section 1 of part F of chapter 85 of the laws of 2002,
    50  is amended to read as follows:
    51    23. All premises licensed  under  sections  fifty-four,  fifty-four-a,
    52  sixty-three  and  seventy-nine  of  this  chapter  shall  be  subject to
    53  inspection by any peace officer described in  [subdivision  four]  para-
    54  graph  (e)  of subdivision two of section 2.10 of the criminal procedure
    55  law acting pursuant to his special duties, or police officer or any duly

        S. 155--A                           7
     1  authorized representative of the  state  liquor  authority,  during  the
     2  hours when the said premises are open for the transaction of business.
     3    § 3. Paragraph 7 of subdivision a of section 10-131 of the administra-
     4  tive code of the city of New York, as amended by chapter 195 of the laws
     5  of 2005, is amended to read as follows:
     6    7.  A  fee  shall  not  be  charged or collected for the issuance of a
     7  license, or the renewal thereof, to have and carry concealed a pistol or
     8  revolver which is issued upon the application  of  a  qualified  retired
     9  police  officer as defined in subdivision thirty-four of section 1.20 of
    10  the criminal procedure law, or a qualified  retired  bridge  and  tunnel
    11  officer,  sergeant  or  lieutenant  of  the triborough bridge and tunnel
    12  authority as defined under paragraph (e) of subdivision [twenty] one  of
    13  section  2.10  of  the  criminal  procedure  law, or a qualified retired
    14  uniformed court officer in the unified  court  system,  or  a  qualified
    15  retired  court clerk in the unified court system in the first and second
    16  judicial departments, as defined in [paragraphs a and b  of  subdivision
    17  twenty-one]  paragraph  (d)  of  subdivision  one of section 2.10 of the
    18  criminal procedure law or a retired correction  officer  as  defined  in
    19  [subdivision  twenty-five]  paragraph  (c) of subdivision one of section
    20  2.10 of the criminal procedure  law  or  a  qualified  retired  sheriff,
    21  undersheriff  or deputy sheriff of the city of New York as defined under
    22  paragraph (f) of subdivision [two] one of section 2.10 of  the  criminal
    23  procedure law.
    24    §  4. Subdivision (a) of section 11-4021 of the administrative code of
    25  the city of New York, as amended by chapter 556 of the laws of 2011,  is
    26  amended to read as follows:
    27    (a) Whenever a police officer designated in section 1.20 of the crimi-
    28  nal  procedure  law  or  a  peace officer designated in paragraph (e) of
    29  subdivision [five] two of section 2.10 of such law, acting  pursuant  to
    30  his  special  duties,  shall  discover any cigarettes subject to any tax
    31  provided by chapter thirteen of this title, and upon which the  tax  has
    32  not  been  paid  or  the stamps not affixed as required by such chapter,
    33  they are hereby authorized and empowered forthwith  to  seize  and  take
    34  possession  of  such  cigarettes,  together  with any vending machine or
    35  receptacle in which they are held for  sale.  Such  cigarettes,  vending
    36  machine  or  receptacle seized by a police officer or such peace officer
    37  shall be turned over to the commissioner of finance.
    38    § 5. Paragraph 2 of subdivision (c) of section 11-4023 of the adminis-
    39  trative code of the city of New York, as added by local law number 97 of
    40  the city of New York for the year 2013, is amended to read as follows:
    41    (2) Ten days after the date of such  posting,  and  upon  the  written
    42  directive  of  the  commissioner,  police officers designated in section
    43  1.20 of the criminal procedure law and peace officers  employed  by  the
    44  department  of finance, including but not limited to the sheriff, under-
    45  sheriff and deputy sheriffs of the city of New York designated as  peace
    46  officers  in  paragraph  (f) of subdivision [two] one of section 2.10 of
    47  the criminal procedure law, are authorized to act upon and enforce  such
    48  orders.
    49    §  6.  Paragraph  (a) of section 11-4024 of the administrative code of
    50  the city of New York, as added by local law number 97 of the city of New
    51  York for the year 2013, is amended to read as follows:
    52    (a) Whenever a police officer designated in section 1.20 of the crimi-
    53  nal procedure law or a peace  officer  employed  by  the  department  of
    54  finance, including but not limited to the sheriff, undersheriff or depu-
    55  ty  sheriffs  of  the  city  of New York designated as peace officers in
    56  paragraph (f) of subdivision [two] one of section 2.10 of  the  criminal

        S. 155--A                           8
     1  procedure  law,  shall  discover  (1)  any cigarettes subject to any tax
     2  provided by chapter thirteen of this title, and upon which the  tax  has
     3  been  paid  and the stamps affixed as required by such chapter, but such
     4  cigarettes  are  sold,  offered  for  sale  or  possessed by a person in
     5  violation of section 11-1303, 17-703 or 20-202 of this code, or (2)  any
     6  flavored  tobacco  product  that  is sold, offered for sale or possessed
     7  with intent to sell in violation of section 17-715 of this code,  he  or
     8  she  is  hereby  authorized  and  empowered  forthwith to seize and take
     9  possession of such cigarettes or flavored tobacco product, together with
    10  any vending machine or receptacle in which such cigarettes  or  flavored
    11  tobacco  product  are held for sale. Such cigarettes or flavored tobacco
    12  product, vending machine or receptacle seized by such police officer  or
    13  such peace officer shall be turned over to the commissioner of finance.
    14    § 7. Subdivision c of section 12-121 of the administrative code of the
    15  city  of  New  York,  as  added  by  chapter 427 of the laws of 2000, is
    16  amended to read as follows:
    17    c. City residence shall not be required as a condition  of  employment
    18  for campus peace officers level I, level II and level III, as defined by
    19  paragraph (o) of subdivision [twenty-seven] three of section 2.10 of the
    20  criminal  procedure  law,  employed  by  the city university of New York
    21  before the effective date of this subdivision.
    22    § 8. Subdivision a of section 17-182 of the administrative code of the
    23  city of New York, as amended by local law number 22 of the city  of  New
    24  York for the year 2002, is amended to read as follows:
    25    a.  Any  corporation  of government, the expenses of which are paid in
    26  whole or in part from the  city  treasury,  which  provides  health  and
    27  medical  services and operates health facilities and which is authorized
    28  to employ special officers having peace officer  status  as  defined  in
    29  [New  York  Criminal Procedure Law § 2.10(40)] paragraph (t) of subdivi-
    30  sion three of section 2.10 of the criminal procedure law, shall  utilize
    31  peace  officers  appointed  pursuant  to said subdivision to perform the
    32  duties of special officer, senior special officer and hospital  security
    33  officer. The commissioner of the department of health and mental hygiene
    34  shall enforce this requirement.
    35    §  9.  Subdivision 1 of section 120 of the correction law, as added by
    36  chapter 202 of the laws of 2007, is amended to read as follows:
    37    1.  Except as provided in subdivisions two, three  and  four  of  this
    38  section,  the duty of maintaining the custody and supervision of persons
    39  detained or confined in a correctional facility as defined  in  subdivi-
    40  sion  four  of  section  two of this chapter, including a drug treatment
    41  campus as defined in subdivision twenty of section two of this  chapter,
    42  or  a  local  correctional facility as defined in subdivision sixteen of
    43  section two of this chapter shall be performed solely by police officers
    44  designated in paragraph (a), (b), (c), (d), (e),  (g),  (j)  or  (m)  of
    45  subdivision thirty-four of section 1.20 of the criminal procedure law or
    46  peace  officers designated in [subdivision twenty-five] paragraph (c) of
    47  subdivision one of section 2.10 of the  criminal  procedure  law,  which
    48  persons,  whether  employed  full-time  or  part-time,  shall  be in the
    49  competitive, non-competitive or exempt class of the civil service of New
    50  York state as determined by state law or  by  the  state  or  applicable
    51  local civil service commission.
    52    §  10. Paragraph (q) of subdivision 34 of section 1.20 of the criminal
    53  procedure law, as amended by section 55 of part K of chapter 61  of  the
    54  laws of 2011, is amended to read as follows:
    55    (q) An employee of the department of taxation and finance (i) assigned
    56  to  enforcement  of the taxes imposed under or pursuant to the authority

        S. 155--A                           9
     1  of article twelve-A of the tax law and administered by the  commissioner
     2  of taxation and finance, taxes imposed under or pursuant to the authori-
     3  ty  of  article  eighteen of the tax law and administered by the commis-
     4  sioner,  taxes  imposed under article twenty of the tax law, or sales or
     5  compensating use taxes relating  to  petroleum  products  or  cigarettes
     6  imposed under article twenty-eight or pursuant to the authority of arti-
     7  cle  twenty-nine  of the tax law and administered by the commissioner or
     8  (ii) [designated as a revenue crimes specialist  and]  assigned  to  the
     9  enforcement  of [the] taxes [described in] pursuant to paragraph [(c) of
    10  subdivision four] (e) of subdivision two of section 2.10 of this  title,
    11  for  the  purpose  of  applying  for and executing search warrants under
    12  article six hundred ninety of this chapter, for the purpose of acting as
    13  a claiming agent under article thirteen-A of the civil practice law  and
    14  rules  in connection with the enforcement of the taxes referred to above
    15  and for the purpose of [executing warrants of  arrest  relating  to  the
    16  respective  crimes  specified  in  subdivision  four]  investigating  or
    17  enforcing a criminal law pursuant to paragraph (e) of subdivision two of
    18  section 2.10 of this title.
    19    § 11. Subdivision 1 of section  50-a  of  the  civil  rights  law,  as
    20  amended  by  chapter  516  of  the  laws  of 2014, is amended to read as
    21  follows:
    22    1. All personnel records used to evaluate performance toward continued
    23  employment or promotion, under the  control  of  any  police  agency  or
    24  department  of  the state or any political subdivision thereof including
    25  authorities or agencies maintaining police forces of individuals defined
    26  as police officers in section 1.20 of the  criminal  procedure  law  and
    27  such  personnel records under the control of a sheriff's department or a
    28  department of correction of individuals employed as correction  officers
    29  and  such  personnel records under the control of a paid fire department
    30  or    force    of    individuals    employed    as    firefighters    or
    31  firefighter/paramedics  and  such personnel records under the control of
    32  the department of corrections and community supervision for  individuals
    33  defined  as  peace  officers  pursuant to [subdivisions twenty-three and
    34  twenty-three-a] paragraphs (a), (a-1) and  (b)  of  subdivision  one  of
    35  section  2.10  of  the criminal procedure law and such personnel records
    36  under the control of a probation department for individuals  defined  as
    37  peace  officers  pursuant  to paragraph (b) of subdivision [twenty-four]
    38  one of section 2.10 of the criminal procedure law  shall  be  considered
    39  confidential and not subject to inspection or review without the express
    40  written     consent     of    such    police    officer,    firefighter,
    41  firefighter/paramedic, correction officer or peace  officer  within  the
    42  department of corrections and community supervision or probation depart-
    43  ment except as may be mandated by lawful court order.
    44    §  12. Subdivision 1 of section 50-d of the civil rights law, as added
    45  by chapter 517 of the laws of 1992, is amended to read as follows:
    46    1. As used in this section,  "personnel  records  of  court  officers"
    47  means all personnel records of court officers as defined in [paragraph a
    48  of] paragraph (d) of subdivision [twenty-one] one of section 2.10 of the
    49  criminal  procedure  law,  used to evaluate performance toward continued
    50  employment or promotion, and under the control of the  office  of  court
    51  administration.
    52    §  13. Subdivision 1 of section 50-e of the civil rights law, as added
    53  by chapter 578 of the laws of 1993, is amended to read as follows:
    54    1. As used in this section, "personnel records of  bridge  and  tunnel
    55  officers,  sergeants  and  lieutenants"  means  all personnel records of
    56  bridge and tunnel officers, sergeants  and  lieutenants  as  defined  in

        S. 155--A                          10
     1  paragraph  (e) of subdivision [twenty] one of section 2.10 of the crimi-
     2  nal procedure law, used to evaluate performance toward continued employ-
     3  ment or promotion, and under the control of the  Triborough  bridge  and
     4  tunnel authority.
     5    § 14. The opening paragraph of paragraph i of subdivision 1 of section
     6  130  of  the  civil  service law, as added by chapter 257 of the laws of
     7  2012, is amended to read as follows:
     8    Pursuant to the terms of an agreement between the state and an employ-
     9  ee organization entered into pursuant to article fourteen of this  chap-
    10  ter  covering  members  of the collective negotiating unit designated as
    11  security supervisors  who  are  employed  by  the  state  department  of
    12  corrections  and community supervision and are designated as peace offi-
    13  cers pursuant to paragraph  (c)  of  subdivision  [twenty-five]  one  of
    14  section 2.10 of the criminal procedure law, effective on the dates indi-
    15  cated,  salary  grades for positions in the competitive, non-competitive
    16  and labor classes shall be as follows:
    17    § 15. Subdivision 2 and the opening paragraph  and  paragraph  (f)  of
    18  subdivision  4  of  section  209 of the civil service law, as amended by
    19  section 64 of subpart B of part C of chapter 62 of the laws of 2011, are
    20  amended to read as follows:
    21    2. Public employers are hereby empowered to enter into written  agree-
    22  ments  with recognized or certified employee organizations setting forth
    23  procedures to be invoked in the event of disputes which reach an impasse
    24  in the course of collective negotiations. Such  agreements  may  include
    25  the  undertaking  by each party to submit unresolved issues to impartial
    26  arbitration. In the absence or upon  the  failure  of  such  procedures,
    27  public  employers  and  employee  organizations may request the board to
    28  render assistance as provided in this section, or the board  may  render
    29  such  assistance  on its own motion, as provided in subdivision three of
    30  this section, or, in regard to officers or members of any organized fire
    31  department, or any unit of the public employer which  previously  was  a
    32  part  of an organized fire department whose primary mission includes the
    33  prevention and control of aircraft fires, police force or police depart-
    34  ment of any county, city, town, village or fire or police  district,  or
    35  detective-investigators, or rackets investigators employed in the office
    36  of  a  district attorney of a county, or in regard to any organized unit
    37  of troopers, commissioned or noncommissioned officers of the division of
    38  state police, or in regard to investigators,  senior  investigators  and
    39  investigator  specialists  of the division of state police, or in regard
    40  to members  of  collective  negotiating  units  designated  as  security
    41  services  and  security  supervisors  who  are  police officers, who are
    42  forest ranger captains or who are employed by the  state  department  of
    43  corrections  and community supervision and are designated as peace offi-
    44  cers pursuant to paragraph  (c)  of  subdivision  [twenty-five]  one  of
    45  section  2.10  of the criminal procedure law, or in regard to members of
    46  the collective negotiating unit designated as the agency law enforcement
    47  services unit who are police officers pursuant  to  subdivision  thirty-
    48  four  of  section  1.20  of the criminal procedure law or who are forest
    49  rangers, or in regard to organized units  of  deputy  sheriffs  who  are
    50  engaged  directly  in criminal law enforcement activities that aggregate
    51  more than fifty per centum of their service as certified by  the  county
    52  sheriff  and  are police officers pursuant to subdivision thirty-four of
    53  section 1.20 of the criminal procedure law as certified by the municipal
    54  police training council or Suffolk county correction officers or Suffolk
    55  county park police, as provided in subdivision four of this section.

        S. 155--A                          11
     1    On request of either party or upon its  own  motion,  as  provided  in
     2  subdivision  two  of this section, and in the event the board determines
     3  that an impasse exists in collective negotiations between such  employee
     4  organization and a public employer as to the conditions of employment of
     5  officers  or members of any organized fire department, or any other unit
     6  of the public employer which previously was a part of an organized  fire
     7  department  whose primary mission includes the prevention and control of
     8  aircraft fires, police force or police department of any  county,  city,
     9  town,  village  or fire or police district, and detective-investigators,
    10  criminal investigators or rackets investigators employed in  the  office
    11  of a district attorney, or as to the conditions of employment of members
    12  of any organized unit of troopers, commissioned or noncommissioned offi-
    13  cers  of the division of state police or as to the conditions of employ-
    14  ment of members of any organized unit of investigators, senior  investi-
    15  gators  and investigator specialists of the division of state police, or
    16  as to the terms and conditions of employment of  members  of  collective
    17  negotiating  units designated as security services and security supervi-
    18  sors, who are police officers, who are forest ranger captains or who are
    19  employed by the state department of  corrections  and  community  super-
    20  vision and are designated as peace officers pursuant to paragraph (c) of
    21  subdivision  [twenty-five] one of section 2.10 of the criminal procedure
    22  law, or in regard to members of the collective negotiating  unit  desig-
    23  nated  as  the agency law enforcement services unit who are police offi-
    24  cers pursuant to subdivision thirty-four of section 1.20 of the criminal
    25  procedure law or who are forest rangers, or  as  to  the  conditions  of
    26  employment  of  any  organized  unit  of deputy sheriffs who are engaged
    27  directly in criminal law enforcement activities that aggregate more than
    28  fifty per centum of their service as certified by the county sheriff and
    29  are police officers pursuant to subdivision thirty-four of section  1.20
    30  of  the  criminal  procedure  law  as  certified by the municipal police
    31  training council or Suffolk county correction officers or Suffolk county
    32  park police, the board shall render assistance as follows:
    33    (f) With regard to any members of collective negotiating units  desig-
    34  nated as security services or security supervisors, who are police offi-
    35  cers,  who  are  forest ranger captains or who are employed by the state
    36  department of corrections and community supervision and  are  designated
    37  as peace officers pursuant to paragraph (c) of subdivision [twenty-five]
    38  one  of  section  2.10  of  the  criminal procedure law, or in regard to
    39  members of the collective negotiating unit designated as the agency  law
    40  enforcement  services  unit who are police officers pursuant to subdivi-
    41  sion thirty-four of section 1.20 of the criminal procedure  law  or  who
    42  are  forest  rangers,  or in regard to detective-investigators, criminal
    43  investigators or rackets investigators  employed  in  the  office  of  a
    44  district  attorney of a county contained within a city with a population
    45  of one million or more, the provisions of this section shall only  apply
    46  to  the  terms  of collective bargaining agreements directly relating to
    47  compensation, including, but not limited to, salary, stipends,  location
    48  pay,  insurance,  medical  and  hospitalization  benefits; and shall not
    49  apply to non-compensatory issues including,  but  not  limited  to,  job
    50  security, disciplinary procedures and actions, deployment or scheduling,
    51  or  issues relating to eligibility for overtime compensation which shall
    52  be governed by other provisions proscribed by law.
    53    § 16. Paragraph d of subdivision 8 of section 156-c of  the  executive
    54  law,  as  amended  by  section 4 of part A of chapter 101 of the laws of
    55  2013, is amended to read as follows:

        S. 155--A                          12
     1    d. Whenever any police officer designated in section 1.20 of the crim-
     2  inal procedure law or a peace officer designated  in  paragraph  (e)  of
     3  subdivision  [four and subdivision seventy-nine pertaining to the Office
     4  of Fire Prevention and Control,] two of section 2.10 of such law, acting
     5  pursuant  to  his  or  her special duties, shall discover any cigarettes
     6  which have not been marked in the manner required by subdivision six  of
     7  this  section,  such officer is hereby authorized and empowered to seize
     8  and take possession of such cigarettes. Such seized cigarettes shall  be
     9  turned  over  to  the commissioner of taxation and finance, and shall be
    10  forfeited to the state. Cigarettes seized pursuant to this section shall
    11  be destroyed.
    12    § 17. Subdivision 4 of section 89-n of the general  business  law,  as
    13  amended  by  chapter  221  of  the  laws  of 2003, is amended to read as
    14  follows:
    15    4. The provisions of this section shall not apply to a security  guard
    16  who is:
    17    a.  a correction officer of any state correctional facility having the
    18  powers of a peace officer  pursuant  to  paragraph  (c)  of  subdivision
    19  [twenty-five] one of section 2.10 of the criminal procedure law;
    20    b.  a bridge and tunnel officer, sergeant or lieutenant of the Tribor-
    21  ough bridge and tunnel authority having the powers of  a  peace  officer
    22  pursuant  to  paragraph  (e) of subdivision [twenty] one of section 2.10
    23  the criminal procedure law;
    24    c. a uniformed court officer of the unified court  system  having  the
    25  powers  of  a  peace  officer  pursuant  to paragraph (d) of subdivision
    26  [twenty-one] one of section 2.10 of the criminal procedure law;
    27    d. a court clerk having the powers of  a  peace  officer  pursuant  to
    28  paragraph  (d)  of  subdivision  [twenty-one] one of section 2.10 of the
    29  criminal procedure law;
    30    e. a deputy sheriff having the powers of a peace officer  pursuant  to
    31  paragraph  (f)  of  subdivision  [two]  one of section 2.10 the criminal
    32  procedure law;
    33    f. a police officer as defined in paragraphs (a), (b), (c), (d),  (e),
    34  (f),  (j),  (k),  (l), (o) and (p) of subdivision thirty-four of section
    35  1.20 of the criminal procedure  law  who  has  been  retired  from  such
    36  employment for a period not to exceed ten years, provided, however, that
    37  a retired police officer who has been retired from such employment for a
    38  period  in excess of ten years shall be required to provide proof to his
    39  or her security guard employer of his or her satisfactory completion  of
    40  an  eight hour annual in-service training course approved by the commis-
    41  sioner, and provided further, however, that a retired police officer who
    42  will be required by his or  her  security  guard  employer  to  carry  a
    43  firearm  or will be authorized to have access to a firearm shall provide
    44  to such employer proof of  his  or  her  satisfactory  completion  of  a
    45  forty-seven  hour  firearms training course approved by the commissioner
    46  and, if such firearms training course has not been completed within  one
    47  year  prior to such employment, satisfactory completion of an additional
    48  eight hour annual firearms in-service training course  approved  by  the
    49  commissioner, such training course to be completed at least annually; or
    50    g.  a  peace officer as defined in [subdivisions two, twenty and twen-
    51  ty-five and paragraphs a and b  of  subdivision  twenty-one]  paragraphs
    52  (c),  (d), (e), and (f) of subdivision one of section 2.10 of the crimi-
    53  nal procedure law who has been retired from such employment for a period
    54  not to exceed ten years, provided, however, that a retired peace officer
    55  who has been retired from such employment for a period in excess of  ten
    56  years  shall  be  required to provide proof to his or her security guard

        S. 155--A                          13
     1  employer of his or her satisfactory completion of an eight  hour  annual
     2  in-service  training  course  approved  by the municipal police training
     3  council, and provided further, however, that a retired peace officer who
     4  will  be  required  by  his  or  her  security guard employer to carry a
     5  firearm or will be authorized to have access to a firearm shall  provide
     6  to  such  employer  proof  of  his  or  her satisfactory completion of a
     7  forty-seven hour firearms training  course  approved  by  the  municipal
     8  police  training  council  and, if such firearms training course has not
     9  been  completed  within  one  year  prior  to  employment,  satisfactory
    10  completion of an additional eight hour annual firearms in-service train-
    11  ing  course  approved  by  the  municipal  police training council, such
    12  training course to be completed at least annually.
    13    § 18. Subdivision 13 of section 1299-e of the public authorities  law,
    14  as  amended  by  chapter  816 of the laws of 1984, is amended to read as
    15  follows:
    16    13. To appoint or designate one or more persons  for  the  purpose  of
    17  enforcing  rules  and  regulations  established by the authority, and to
    18  compel the observance of law and order on the properties, facilities and
    19  improvements of the authority for the protection and  administration  of
    20  such  property,  facilities  and  improvements, and the traveling public
    21  using such facilities. Each person as and when so  appointed  or  desig-
    22  nated shall be known as (a) a "Niagara frontier transportation authority
    23  security officer or patrolman" and shall be a peace officer as set forth
    24  in  paragraph (g) of subdivision [forty-five] two of section 2.10 of the
    25  criminal procedure law, or a police officer within the purview of subdi-
    26  vision thirty-four of section 1.20 of the criminal procedure law or  (b)
    27  a  "ticket inspector" and shall not be a peace officer or a police offi-
    28  cer but, when so designated or appointed, shall be authorized  to  issue
    29  and  serve appearance tickets pursuant to section 150.20 of the criminal
    30  procedure law with respect to violations of  rules  and  regulations  so
    31  established.
    32    §  19.  Subdivision  4 of section 1399-ll of the public health law, as
    33  added by chapter 262 of the laws of 2000, is amended to read as follows:
    34    4. Whenever a police officer designated in section 1.20 of the  crimi-
    35  nal  procedure  law  or  a  peace officer designated in paragraph (e) of
    36  subdivision [four] two of section 2.10 of such law, acting  pursuant  to
    37  his or her special duties, shall discover any cigarettes which have been
    38  or  which are being shipped or transported in violation of this section,
    39  such person is  hereby  empowered  and  authorized  to  seize  and  take
    40  possession of such cigarettes, and such cigarettes shall be subject to a
    41  forfeiture  action  pursuant  to  the procedures provided for in article
    42  thirteen-A of the civil practice law  and  rules,  as  if  such  article
    43  specifically  provided  for  forfeiture of cigarettes seized pursuant to
    44  this section as a pre-conviction forfeiture crime.
    45    § 20. Subdivisions 4, 5 and 7 of section 3-b of  the  public  officers
    46  law, subdivision 4 as added by chapter 404 of the laws of 2011, subdivi-
    47  sion  5  as  added by chapter 8 of the laws of 2013 and subdivision 7 as
    48  added by chapter 418 of the  laws  of  2014,  are  amended  to  read  as
    49  follows:
    50    4.  Neither  the provisions of this section or of any general, special
    51  or local law, charter, code, ordinance, resolution, rule or  regulation,
    52  requiring  a  person  to  be  a resident of the political subdivision or
    53  municipal corporation of the state by which he or she is employed, shall
    54  apply to a person employed by a city  with  a  population  of  over  one
    55  million  in the titles of special officer, senior special officer, prin-
    56  cipal special officer and supervising special officer as "special  offi-

        S. 155--A                          14
     1  cer" is defined in paragraph (t) of subdivision [forty] three of section
     2  2.10  of  the  criminal  procedure  law,  evidence  and property control
     3  specialists, taxi and limousine inspector, taxi and limousine  inspector
     4  (motor  vehicles),  senior taxi and limousine inspector, senior taxi and
     5  limousine inspector  (motor  vehicles),  associate  taxi  and  limousine
     6  inspector,  supervising  taxi  and limousine inspector, supervising taxi
     7  and limousine inspector (motor vehicles), education facilities  officers
     8  L1  (formerly school guards), education facilities officers L2 (formerly
     9  school safety officers), hospital  security  officers,  campus  security
    10  officer,  campus  peace  officer,  college  security  specialist, campus
    11  public safety  sergeant,  campus  security  assistant  or  school  guard
    12  (school  safety  agent), provided that he or she has completed two years
    13  of employment with the city of New York and is a resident of  New  York,
    14  Kings,  Queens,  Bronx,  Richmond, Nassau, Westchester, Suffolk, Orange,
    15  Rockland or Putnam county.
    16    5. In respect to peace officers employed by  Cornell  university,  and
    17  assigned  to  the Ithaca campus, pursuant to section fifty-seven hundred
    18  nine of the education law, the provisions of this  section  requiring  a
    19  person  to  be  a resident of the same county as the appointing official
    20  shall not prevent a person from serving as a peace officer  for  Cornell
    21  university,  or  as a special deputy sheriff, and assigned to the Ithaca
    22  campus, as defined in paragraph (b) of subdivision [forty-two] three  of
    23  section  2.10  of  the criminal procedure law, provided that such person
    24  resides in the state of New York.
    25    7. Neither the provisions of this section or of any  general,  special
    26  or  local law, charter, code, ordinance, resolution, rule or regulation,
    27  requiring a person to be a resident  of  the  political  subdivision  or
    28  municipal corporation of the state for which he or she shall be employed
    29  or  appointed or within which his or her official functions are required
    30  to be exercised, shall apply to a person who is a member of the security
    31  force employed or appointed by Kaleida Health as described in  paragraph
    32  (nn) of subdivision [eighty-three] three of section 2.10 of the criminal
    33  procedure  law, provided that such person resides in the county in which
    34  such security force of Kaleida Health is located or an adjoining  county
    35  within the state. The provisions of this subdivision shall only apply to
    36  a  person  who  is  a  member  of the security force employed by Kaleida
    37  Health on the effective date of this subdivision.
    38    § 21. Subdivision 20 of section 10.00 of the penal law,  as  added  by
    39  chapter 765 of the laws of 2005, is amended to read as follows:
    40    20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
    41  of  this  chapter,  the  term  "peace  officer" means a peace officer as
    42  defined in [subdivision one, two, three, four,  six,  twelve,  thirteen,
    43  fifteen,  sixteen,  seventeen,  eighteen,  nineteen, twenty, twenty-one,
    44  twenty-three,  twenty-three-a,  twenty-four,  twenty-five,   twenty-six,
    45  twenty-eight,  twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
    46  thirty-five, thirty-six, forty-three,  forty-five,  forty-seven,  forty-
    47  eight,  forty-nine,  fifty-one,  fifty-two,  fifty-eight,  sixty-one, as
    48  added by chapter two hundred fifty-seven of the laws of nineteen hundred
    49  ninety-two, sixty-one, as added by chapter three hundred  twenty-one  of
    50  the  laws of nineteen hundred ninety-two, sixty-two, as added by chapter
    51  two hundred four of the laws of nineteen  hundred  ninety-three,  sixty-
    52  two,  as  added by chapter six hundred eighty-seven of the laws of nine-
    53  teen hundred  ninety-three,  sixty-three,  as  amended  by  chapter  six
    54  hundred  thirty-eight  of  the  laws  of two thousand three, sixty-four,
    55  sixty-five, sixty-eight, as added by chapter one hundred sixty-eight  of
    56  the laws of two thousand, sixty-eight, as added by chapter three hundred

        S. 155--A                          15

     1  eighty-one  of  the laws of two thousand, seventy, seventy-one, seventy-
     2  four, as added by chapter five hundred forty-eight of the  laws  of  two
     3  thousand one, seventy-five, as added by chapter three hundred twenty-one
     4  of  the  laws of two thousand two, seventy-five, as added by chapter six
     5  hundred twenty-three of the laws of two thousand two, seventy-seven,  as
     6  added  by  chapter three hundred sixty-seven of the laws of two thousand
     7  four, seventy-eight or seventy-nine, as added  by  chapter  two  hundred
     8  forty-one of the laws of two thousand four,] paragraphs (a), (a-1), (b),
     9  (c),  (d),  (e),  and  (f) of subdivision one, paragraphs (a), (c), (e),
    10  (f), (g), and (n) of subdivision two and paragraphs (a), (b), (c),  (h),
    11  (i),  (j),  (k), (l), (o), (p), (q), (r), (x), (y), (aa), (gg), and (kk)
    12  of subdivision three of section 2.10 of the criminal procedure  law,  as
    13  well  as  any federal law enforcement officer defined in section 2.15 of
    14  the criminal procedure law.
    15    § 22. Subparagraph (ii) of paragraph (a) of subdivision 1  of  section
    16  125.26 of the penal law, as added by chapter 765 of the laws of 2005, is
    17  amended to read as follows:
    18    (ii)  the intended victim was a peace officer as defined in [paragraph
    19  a of subdivision twenty-one, subdivision  twenty-three,  twenty-four  or
    20  sixty-two  (employees  of the division for youth)] paragraph (a), (b) or
    21  (d) of subdivision one of section 2.10 of the criminal procedure law who
    22  was at the time of the killing engaged in the course of  performing  his
    23  or her official duties, and the defendant knew or reasonably should have
    24  known  that  the victim was such a uniformed court officer, parole offi-
    25  cer, or probation officer[, or employee of the division for youth]; or
    26    § 23. Subparagraph (ii) of paragraph (a) of subdivision 1  of  section
    27  125.27 of the penal law, as amended by chapter 1 of the laws of 1995, is
    28  amended to read as follows:
    29    (ii)  the intended victim was a peace officer as defined in [paragraph
    30  a of subdivision twenty-one, subdivision  twenty-three,  twenty-four  or
    31  sixty-two  (employees  of the division for youth)] paragraph (a), (b) or
    32  (d) of subdivision one of section 2.10 of the criminal procedure law who
    33  was at the time of the killing engaged in the course of  performing  his
    34  official  duties, and the defendant knew or reasonably should have known
    35  that the intended victim was such  a  uniformed  court  officer,  parole
    36  officer,  or probation officer[, or employee of the division for youth];
    37  or
    38    § 24. Subdivisions 6 and 14 of section 400.00 of the penal law, subdi-
    39  vision 6 as amended by chapter 318 of the laws of 2002,  subdivision  14
    40  as  amended  by  chapter 195 of the laws of 2005, are amended to read as
    41  follows:
    42    6. License: validity. Any license  issued  pursuant  to  this  section
    43  shall  be valid notwithstanding the provisions of any local law or ordi-
    44  nance.  No license shall be transferable to any other  person  or  prem-
    45  ises.  A license to carry or possess a pistol or revolver, not otherwise
    46  limited as to place or time of possession, shall be effective throughout
    47  the state, except that the same shall not be valid within  the  city  of
    48  New  York  unless  a  special  permit granting validity is issued by the
    49  police commissioner of that city. Such license to carry or possess shall
    50  be valid within the city of New York in the absence of a  permit  issued
    51  by  the police commissioner of that city, provided that (a) the firearms
    52  covered by such license have been purchased from a licensed dealer with-
    53  in the city of New York and are  being  transported  out  of  said  city
    54  forthwith  and  immediately from said dealer by the licensee in a locked
    55  container during a continuous and uninterrupted trip; or  provided  that
    56  (b)  the  firearms  covered by such license are being transported by the

        S. 155--A                          16
     1  licensee in a locked container and the trip through the city of New York
     2  is continuous and uninterrupted;  or  provided  that  (c)  the  firearms
     3  covered  by  such  license  are  carried  by armored car security guards
     4  transporting  money  or  other valuables, in, to, or from motor vehicles
     5  commonly known as armored cars, during the course of  their  employment;
     6  or  provided that (d) the licensee is a retired police officer as police
     7  officer is defined pursuant to subdivision thirty-four of  section  1.20
     8  of the criminal procedure law or a retired federal law enforcement offi-
     9  cer,  as  defined in section 2.15 of the criminal procedure law, who has
    10  been issued a license by an authorized licensing officer as  defined  in
    11  subdivision  ten  of  section 265.00 of this chapter; provided, further,
    12  however, that if such license was not issued in the city of New York  it
    13  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
    14  ment Officer", as the case may be, and, in the case of a retired officer
    15  the  license  shall  be  deemed  to  permit  only  police or federal law
    16  enforcement regulations weapons; or provided that (e) the licensee is  a
    17  peace  officer  described  in paragraph (e) of subdivision [four] two of
    18  section 2.10 of the criminal procedure law and the license, if issued by
    19  other than the city of New York, is marked "New York State  Tax  Depart-
    20  ment  Peace  Officer" and in such case the exemption shall apply only to
    21  the firearm issued to such licensee by the department  of  taxation  and
    22  finance.  A license as gunsmith or dealer in firearms shall not be valid
    23  outside the city or county, as the case may be, where issued.
    24    14. Fees. In the city of New York and the county of Nassau, the annual
    25  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
    26  for dealers in firearms. In such city, the city council and in the coun-
    27  ty of Nassau the Board of Supervisors shall fix the fee  to  be  charged
    28  for  a  license to carry or possess a pistol or revolver and provide for
    29  the disposition of such fees. Elsewhere  in  the  state,  the  licensing
    30  officer  shall  collect  and  pay into the county treasury the following
    31  fees: for each license to carry or possess a  pistol  or  revolver,  not
    32  less  than  three dollars nor more than ten dollars as may be determined
    33  by the legislative body of the county; for each amendment thereto, three
    34  dollars, and five dollars in the county of Suffolk; and for each license
    35  issued to a gunsmith or dealer in firearms, ten dollars. The fee  for  a
    36  duplicate  license  shall  be  five  dollars.  The  fee for processing a
    37  license transfer between counties shall be five  dollars.  The  fee  for
    38  processing  a  license or renewal thereof for a qualified retired police
    39  officer as defined under subdivision thirty-four of section 1.20 of  the
    40  criminal procedure law, or a qualified retired sheriff, undersheriff, or
    41  deputy sheriff of the city of New York as defined under paragraph (f) of
    42  subdivision  [two] one of section 2.10 of the criminal procedure law, or
    43  a qualified retired bridge and tunnel officer, sergeant or lieutenant of
    44  the triborough bridge and tunnel authority as  defined  under  paragraph
    45  (e)  of  subdivision [twenty] one of section 2.10 of the criminal proce-
    46  dure law, or a qualified retired uniformed court officer in the  unified
    47  court  system,  or  a qualified retired court clerk in the unified court
    48  system [in the first and second judicial  departments],  as  defined  in
    49  [paragraphs  a  and  b] paragraph (d) of subdivision [twenty-one] one of
    50  section 2.10 of the criminal procedure law or a retired correction offi-
    51  cer as defined in paragraph (c)  of  subdivision  [twenty-five]  one  of
    52  section  2.10 of the criminal procedure law shall be waived in all coun-
    53  ties throughout the state.
    54    § 25. Paragraph 3 of subdivision (a) of section 1815 of the  tax  law,
    55  as  amended  by section 29 of subpart I of part V-1 of chapter 57 of the
    56  laws of 2009, is amended to read as follows:

        S. 155--A                          17
     1    (3) For the purposes of conferring jurisdiction upon courts and police
     2  officers, and on the officers specified in paragraph (e) of  subdivision
     3  [four] two of section 2.10 of the criminal procedure law and on judicial
     4  officers  generally, such violations shall be deemed traffic infractions
     5  and  for  such  purpose  only  all provisions of law relating to traffic
     6  infractions shall apply to such violations; provided, however, that  the
     7  commissioner of motor vehicles, any hearing officer appointed by him, or
     8  any administrative tribunal authorized to hear and determine any charges
     9  or offenses which are traffic infractions shall not have jurisdiction of
    10  such infractions.
    11    §  26.  Subdivision  (a)  of  section 1845 of the tax law, as added by
    12  chapter 508 of the laws of 1993, is amended to read as follows:
    13    (a) Temporary seizure. Whenever a police officer designated in section
    14  1.20 of the criminal procedure law or  a  peace  officer  designated  in
    15  paragraph  (e)  of  subdivision  [four] two of section 2.10 of such law,
    16  acting pursuant to his special duties, shall discover more  than  ninety
    17  liters of liquors which are being imported for sale or use in the state,
    18  where the person importing or causing such liquors to be imported is not
    19  registered  as  a  distributor  under section four hundred twenty-one of
    20  this chapter, such police officer or peace officer is hereby  authorized
    21  to  seize  and  take  possession  of such liquors, and to seize and take
    22  possession of the vehicle or  other  means  of  transportation  used  to
    23  transport such liquors.
    24    §  27.  Subdivisions  (a) and (a-1) of section 1846 of the tax law, as
    25  amended by chapter 556 of the laws of  2011,  are  amended  to  read  as
    26  follows:
    27    (a) Whenever a police officer designated in section 1.20 of the crimi-
    28  nal  procedure  law  or  a  peace officer designated in paragraph (e) of
    29  subdivision [four] two of section 2.10 of such law, acting  pursuant  to
    30  his  or her special duties, shall discover any cigarettes subject to tax
    31  provided by article twenty of this chapter or  by  chapter  thirteen  of
    32  title  eleven  of  the  administrative code of the city of New York, and
    33  upon which the tax has not been  paid  or  the  stamps  not  affixed  as
    34  required  by  such  article  or  such  chapter thirteen, they are hereby
    35  authorized and empowered forthwith to seize and take possession of  such
    36  cigarettes,  together  with  any  vending machine or receptacle in which
    37  they are held for sale. Such cigarettes, vending machine  or  receptacle
    38  seized by a police officer or such peace officer shall be turned over to
    39  the commissioner. Such seized cigarettes, vending machine or receptacle,
    40  not  including  money  contained  in such vending machine or receptacle,
    41  shall be forfeited to the state. The commissioner may, within a  reason-
    42  able time thereafter, upon publication of a notice to such effect for at
    43  least  five  successive  days,  before  the  day of sale, in a newspaper
    44  published or circulated in the county where the seizure was  made,  sell
    45  such  forfeited  vending  machines or receptacles at public sale and pay
    46  the proceeds into the state treasury to the credit of the general  fund.
    47  Notwithstanding  any  other  provision of this section, the commissioner
    48  may enter into an agreement with any city of this state which is author-
    49  ized to impose a tax similar to that imposed by article twenty  of  this
    50  chapter  to  provide  for the disposition between the state and any such
    51  city of the proceeds from any such sale.   All cigarettes  forfeited  to
    52  the  state  shall  be  destroyed  or  used for law enforcement purposes,
    53  except that cigarettes that violate,  or  are  suspected  of  violating,
    54  federal trademark laws or import laws shall not be used for law enforce-
    55  ment  purposes. If the commissioner determines the cigarettes may not be
    56  used for law enforcement  purposes,  the  commissioner  must,  within  a

        S. 155--A                          18
     1  reasonable  time  after the forfeiture of such cigarettes, upon publica-
     2  tion in the state  registry,  destroy  such  forfeited  cigarettes.  The
     3  commissioner  may,  prior  to  any destruction of cigarettes, permit the
     4  true  holder  of  the trademark rights in the cigarettes to inspect such
     5  forfeited cigarettes in order to assist in any  investigation  regarding
     6  such cigarettes.
     7    (a-1)  Whenever  a  police  officer  designated in section 1.20 of the
     8  criminal procedure law or a peace officer designated in paragraph (e) of
     9  subdivision [four] two of section 2.10 of such law, acting  pursuant  to
    10  his or her special duties, shall discover any cigarettes which have been
    11  stamped  in  violation of section four hundred eighty-b of this chapter,
    12  such officer is hereby authorized and empowered forthwith to  seize  and
    13  take possession of such cigarettes, and such cigarettes shall be subject
    14  to  a forfeiture action pursuant to the procedures provided for in arti-
    15  cle thirteen-A of the civil practice law and rules, as if  such  article
    16  specifically  provided  for  forfeiture of cigarettes seized pursuant to
    17  this section as a preconviction forfeiture crime. Subdivisions (b),  (c)
    18  and (d) of this section shall not apply to cigarettes seized pursuant to
    19  this subdivision.
    20    §  28. Subdivisions (a) and (a-1) of section 1846-a of the tax law, as
    21  amended by chapter 556 of the laws of  2011,  are  amended  to  read  as
    22  follows:
    23    (a) Whenever a police officer designated in section 1.20 of the crimi-
    24  nal  procedure  law  or  a  peace officer designated in paragraph (e) of
    25  subdivision [four] two of section 2.10 of such law, acting  pursuant  to
    26  his  special  duties,  shall  discover any tobacco products in excess of
    27  five hundred cigars or ten pounds of tobacco which  are  being  imported
    28  for sale in the state where the person importing or causing such tobacco
    29  products to be imported has not been appointed as a distributor pursuant
    30  to section four hundred seventy-two of this chapter, such police officer
    31  or  peace  officer is hereby authorized and empowered forthwith to seize
    32  and take possession of such  tobacco  products.  Such  tobacco  products
    33  seized  by a police officer or peace officer shall be turned over to the
    34  commissioner. Such seized tobacco products shall  be  forfeited  to  the
    35  state. All tobacco products forfeited to the state shall be destroyed or
    36  used  for  law  enforcement  purposes, except that tobacco products that
    37  violate, or are suspected of violating, federal trademark laws or import
    38  laws shall not be used for law enforcement purposes. If the commissioner
    39  determines the tobacco products may not  be  used  for  law  enforcement
    40  purposes,  the  commissioner  must, within a reasonable time thereafter,
    41  upon publication in the state registry of a notice to such effect before
    42  the day of destruction, destroy such  forfeited  tobacco  products.  The
    43  commissioner  may,  prior to any destruction of tobacco products, permit
    44  the true holder of the trademark  rights  in  the  tobacco  products  to
    45  inspect  such forfeited products in order to assist in any investigation
    46  regarding such tobacco products.
    47    (a-1) Whenever a police officer designated  in  section  1.20  of  the
    48  criminal procedure law or a peace officer designated in paragraph (e) of
    49  subdivision  [four]  two  of section 2.10 of the criminal procedure law,
    50  acting pursuant to his or her special duties, discovers  any  roll-your-
    51  own  tobacco  that  is  in violation of section four hundred eighty-c of
    52  this chapter, the officer is authorized and empowered to seize and  take
    53  possession  of  the roll-your-own tobacco, and the roll-your-own tobacco
    54  is subject to a forfeiture action under the procedures provided  for  in
    55  article thirteen-A of the civil practice law and rules, as if that arti-
    56  cle specifically provided for forfeiture of roll-your-own tobacco seized

        S. 155--A                          19
     1  under this section as a preconviction forfeiture crime. Subdivisions (b)
     2  and  (c)  of  this  section do not apply to roll-your-own tobacco seized
     3  pursuant to this subdivision.
     4    §  29. Subdivisions (a) and (b) of section 1847 of the tax law, subdi-
     5  vision (a) as amended by section 3 of part E of chapter 93 of  the  laws
     6  of 2002, subdivision (b) as added by chapter 61 of the laws of 1989, are
     7  amended to read as follows:
     8    (a) Any peace officer designated in paragraph (e) of subdivision [four
     9  or  five]  two  of  section  2.10  of the criminal procedure law, acting
    10  pursuant to his or her special duties, or any police officer  designated
    11  in  section  1.20 of the criminal procedure law may seize any vehicle or
    12  other means of transportation used to transport or for  the  deposit  or
    13  concealment  of  more  than  one hundred unstamped or unlawfully stamped
    14  packages of cigarettes subject to tax under article twenty of this chap-
    15  ter or by chapter thirteen of title eleven of the administrative code of
    16  the city of New York, other than a vehicle or other means of transporta-
    17  tion used by any person as a common carrier in transaction  of  business
    18  as  such  common carrier, and such vehicle or other means of transporta-
    19  tion shall be subject to  forfeiture  as  hereinafter  in  this  section
    20  provided.
    21    (b)  Any  peace  officer  designated  in  paragraph (e) of subdivision
    22  [four] two of section 2.10 of the criminal procedure law, acting  pursu-
    23  ant  to  his special duties, or any police officer designated in section
    24  1.20 of the criminal procedure law may seize any vehicle or other  means
    25  of  transportation  used  to  import  tobacco products in excess of five
    26  hundred cigars or ten pounds  of  tobacco  for  sale  where  the  person
    27  importing  or  causing such tobacco products to be imported has not been
    28  appointed a distributor pursuant to section four hundred seventy-two  of
    29  this chapter, other than a vehicle or other means of transportation used
    30  by  any  person  as  a common carrier in transaction of business as such
    31  common carrier, and such vehicle or other means of transportation  shall
    32  be subject to forfeiture as hereinafter in this section provided.
    33    §  30.  Subdivision  (a) of section 1848 of the tax law, as amended by
    34  section 54 of part K of chapter 61 of the laws of 2011,  is  amended  to
    35  read as follows:
    36    (a) Temporary seizure. Whenever a police officer designated in section
    37  1.20  of  the  criminal  procedure  law or a peace officer designated in
    38  paragraph (e) of subdivision [four] two of section  2.10  of  such  law,
    39  acting  pursuant to his special duties, shall discover any motor fuel or
    40  diesel motor fuel which is being imported for use, distribution, storage
    41  or sale in the state where the person importing or  causing  such  motor
    42  fuel or diesel motor fuel to be imported is not registered as a distrib-
    43  utor  under  section  two  hundred  eighty-three  or section two hundred
    44  eighty-two-a, of this chapter, as the case may be, such  police  officer
    45  or  peace  officer  is hereby authorized to seize and take possession of
    46  such motor fuel or diesel motor fuel, together with the vehicle or other
    47  means of transportation used to transport such motor fuel.
    48    § 31. Section 47 of the workers' compensation law, as amended by chap-
    49  ter 597 of the laws of 2004, is amended to read as follows:
    50    § 47. Presumption as to the cause of disease. If the employee,  at  or
    51  immediately  before the date of disablement, was employed in any process
    52  mentioned in the second column of the schedule of diseases  in  subdivi-
    53  sion two of section three of this chapter, and his or her disease is the
    54  disease   in  the  first  column  of  such  schedule  set  opposite  the
    55  description of the process, the disease presumptively shall be deemed to
    56  have been due to the nature of that  employment.  Any  exposure  to  the

        S. 155--A                          20
     1  hazards  of  compressed air after July first, nineteen hundred forty-six
     2  shall be presumed, in the absence of substantial evidence to the contra-
     3  ry, to be injurious exposure. Any exposure to  the  hazards  of  harmful
     4  dust  in  this  state  for a period of sixty days after September first,
     5  nineteen hundred thirty-five, shall  be  presumed,  in  the  absence  of
     6  substantial evidence to the contrary, to be an injurious exposure.  With
     7  respect to any state or local correction officer as defined in paragraph
     8  (c)  of  subdivision  [twenty-five]  one of section 2.10 of the criminal
     9  procedure law, safety and security officer employed  by  the  office  of
    10  mental  health,  security  hospital  treatment assistant employed by the
    11  office of mental health, any uniformed court officer or court  clerk  of
    12  the  unified  court system having the powers of peace officer, the court
    13  reporter or the court interpreter, an exposure to the  blood  or  bodily
    14  fluid  of an individual, incarcerated, confined or otherwise, during the
    15  course of his or her employment that is  reported  in  writing  to  such
    16  correction  officer's,  safety and security officer's, security hospital
    17  treatment assistant's, uniformed court officer's, court  clerk's,  court
    18  reporter's  or  court interpreter's employer within twenty-four hours of
    19  such exposure, shall be presumed, in the absence of substantial evidence
    20  to the contrary, to be an injurious  exposure  if,  subsequent  to  such
    21  exposure, such correction officer, safety and security officer, security
    22  hospital  treatment  assistant,  uniformed  court  officer, court clerk,
    23  court reporter or court interpreter  is  diagnosed  with  a  blood-borne
    24  disease, including, but not limited to hepatitis C.
    25    § 32. This act shall take effect immediately.
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