Bill Text: NY S02806 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Exempts certain officers of the department of correction and the department of sanitation of the city of New York from training requirements for security guards; designates correction officers of New York city as peace officers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S02806 Detail]

Download: New_York-2023-S02806-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2806

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 24, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general  business  law,  in  relation  to  exempting
          certain  officers  of  the departments of correction and sanitation of
          the city of New York from training requirements for  security  guards;
          and  to  amend  the criminal procedure law, in relation to designating
          correction officers of New York city as peace officers

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

     1    Section  1.  Paragraphs a, f and g of subdivision 4 of section 89-n of
     2  the general business law, paragraphs a and f as amended and paragraph  g
     3  as added by chapter 221 of the laws of 2003, are amended and a new para-
     4  graph h is added to read as follows:
     5    a. a correction officer of any state correctional facility or a member
     6  of  the  uniformed  correction  force of the New York city department of
     7  correction having the powers of a peace officer pursuant to  subdivision
     8  twenty-five of section 2.10 of the criminal procedure law;
     9    f.  a police officer as defined in paragraphs (a), (b), (c), (d), (e),
    10  (f), (j), (k), (l), (o) and (p) of subdivision  thirty-four  of  section
    11  1.20  of  the  criminal  procedure  law  who  has been retired from such
    12  employment for a period not to exceed ten years, provided, however, that
    13  a retired police officer who has been retired from such employment for a
    14  period in excess of ten years shall be required to provide proof to  his
    15  or  her security guard employer of his or her satisfactory completion of
    16  an eight hour annual in-service training course approved by the  commis-
    17  sioner, and provided further, however, that a retired police officer who
    18  will  be  required  by  his  or  her  security guard employer to carry a
    19  firearm or will be authorized to have access to a firearm shall  provide
    20  to  such  employer  proof  of  his  or  her satisfactory completion of a
    21  forty-seven hour firearms training course approved by  the  commissioner
    22  and,  if such firearms training course has not been completed within one

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03813-01-3
        S. 2806                             2

     1  year prior to such employment, satisfactory completion of an  additional
     2  eight  hour  annual  firearms in-service training course approved by the
     3  commissioner, such training course to be completed  at  least  annually;
     4  [or]
     5    g.  a peace officer as defined in subdivisions two, twenty and twenty-
     6  five and paragraphs a and b of subdivision twenty-one of section 2.10 of
     7  the criminal procedure law who has been retired from such employment for
     8  a period not to exceed ten years,  provided,  however,  that  a  retired
     9  peace  officer who has been retired from such employment for a period in
    10  excess of ten years shall be required to provide proof  to  his  or  her
    11  security  guard  employer  of  his  or her satisfactory completion of an
    12  eight hour annual in-service training course approved by  the  municipal
    13  police  training  council, and provided further, however, that a retired
    14  peace officer who will be required by his or her security guard employer
    15  to carry a firearm or will be authorized to have  access  to  a  firearm
    16  shall  provide  to  such  employer  proof  of  his  or  her satisfactory
    17  completion of a forty-seven hour firearms training  course  approved  by
    18  the  municipal  police  training  council and, if such firearms training
    19  course has not been completed  within  one  year  prior  to  employment,
    20  satisfactory  completion  of  an  additional  eight hour annual firearms
    21  in-service training course approved by  the  municipal  police  training
    22  council, such training course to be completed at least annually[.]; or
    23    h.  an officer or member of the sanitation police of the department of
    24  sanitation of the city of New York having the powers of a peace  officer
    25  pursuant  to  subdivision  fifty-nine  of  section  2.10 of the criminal
    26  procedure law.
    27    § 2.  Subdivision 25 of section 2.10 of the criminal procedure law, as
    28  amended by section 70 of subpart B of part C of chapter 62 of  the  laws
    29  of 2011, is amended to read as follows:
    30    25.  Officials, as designated by the commissioner of the department of
    31  corrections and community supervision pursuant to rules of  the  depart-
    32  ment, and correction officers of any state or New York city correctional
    33  facility or of any penal correctional institution.
    34    § 3. This act shall take effect immediately.