S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2558
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 19, 2011
                                      ___________
       Introduced by M. of A. P. RIVERA, PERRY, GOTTFRIED -- Multi-Sponsored by
         --  M.  of A. COLTON, ORTIZ -- read once and referred to the Committee
         on Codes
       AN ACT to amend the criminal procedure law and  the  alcoholic  beverage
         control law, in relation to designating investigators appointed by the
         state  liquor  authority as police officers; and to repeal subdivision
         36 of section 2.10 of the criminal procedure law relating to designat-
         ing such investigators as peace officers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  34 of section 1.20 of the criminal procedure
    2  law is amended by adding a new paragraph (w) to read as follows:
    3    (W) AN INVESTIGATOR APPOINTED BY THE STATE LIQUOR  AUTHORITY  PURSUANT
    4  TO SECTION FIFTEEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
    5    S  2.  Subdivision 36 of section 2.10 of the criminal procedure law is
    6  REPEALED.
    7    S 3. The opening paragraph of section 15  of  the  alcoholic  beverage
    8  control law, as amended by chapter 83 of the laws of 1995, is amended to
    9  read as follows:
   10    The  authority  shall  have  power  to appoint any necessary deputies,
   11  counsels, assistants, investigators,  and  other  employees  within  the
   12  limits  provided  by  appropriation.    Investigators so employed by the
   13  [Authority] AUTHORITY shall be [deemed to be peace] POLICE officers  for
   14  the  purpose  of  enforcing  the  provisions  of [the alcoholic beverage
   15  control law] THIS CHAPTER or [judgements] JUDGMENTS or  orders  obtained
   16  for violation thereof[, with all the powers set forth in section 2.20 of
   17  the  criminal  procedure  law].  The counsel, secretary, chief executive
   18  officer, assistant chief executive officers, confidential secretaries to
   19  commissioners and deputies shall be in the exempt  class  of  the  civil
   20  service.  The  other  assistants,  investigators  and  employees  of the
   21  authority shall all be in the competitive class of  the  civil  service.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00430-01-1
       A. 2558                             2
    1  The authority shall continue to have its principal office in the city of
    2  Albany,  and  may maintain a branch office in the cities of New York and
    3  Buffalo and such other places as it may deem necessary.
    4    S  4. This act shall take effect on the first of January next succeed-
    5  ing the date on which it shall have become a law.