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Active List: Jun 20, 2011 , Floor Calendar: Jun 17, 2011

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Memo

BILL NUMBER:S2835A

TITLE OF BILL:

An act to amend the criminal procedure law, in relation to designating dog control officers as peace officers in the city of Salamanca

PURPOSE OR GENERAL IDEA OF BILL:

Designates the dog control officer of the city of Salamanca as a peace officer.

SUMMARY OF SPECIFIC PROVISIONS:

Amends Section 2.10 of the criminal procedure law by adding subdivision 83 which allowing dog control officers to issue appearance tickets permitted under article 7 of the same law; this subdivision does not authorize such officer to carry, possess, repair or dispose of a firearm unless the appropriate license has been issued pursuant to section 400.00 of the penal law.

JUSTIFICATION:

The Common Council of the City of Salamanca, County of Cattaraugus, has determined that it is in the best interest of the City of Salamanca to designate the City's official dog control officer as a constable with the powers of a peace officer. Peace officers may only be designated by an express act of the New York State Legislature by amended Section 2.10 of the New York State Criminal Procedure Law. This action allows the city's dog control officer to issue court appearance tickets for the purpose of enforcing article 26 of the New York State Agriculture and Markets Law.

PRIOR LEGISLATIVE HISTORY: 2009,2010: S.2260 Referred to Codes 2008: S.6891/A.9889 Passed Legislature, Vetoed by Governor, Veto  95

FISCAL IMPLICATIONS: No new fiscal implications to the State.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

2835--A
Cal. No. 427

2011-2012 Regular Sessions

IN SENATE

February 2, 2011
___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, passed by Senate and delivered  to  the  Assembly,
  recalled,  vote  reconsidered,  restored to third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the criminal procedure law, in relation  to  designating
  dog control officers as peace officers in the city of Salamanca

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2.10 of the criminal procedure law  is  amended  by
adding a new subdivision 83 to read as follows:
  83.  DOG CONTROL OFFICERS IN THE CITY OF SALAMANCA, WHEN ACTING PURSU-
ANT TO THEIR SPECIAL DUTIES IN MATTERS ARISING UNDER, AND  THE  ENFORCE-
MENT  OF,  ARTICLE TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW AND FOR
THE PURPOSE OF  ISSUING APPEARANCE TICKETS PERMITTED UNDER ARTICLE SEVEN
OF SUCH LAW; PROVIDED, HOWEVER, THAT NOTHING IN THIS  SUBDIVISION  SHALL
BE DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS, REPAIR OR DISPOSE
OF  A  FIREARM  UNLESS  THE APPROPRIATE LICENSE THEREFOR HAS BEEN ISSUED
PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08255-03-1