Designates dog control officers in the city of Cohoes as peace officers when they are acting pursuant to their special duties.
Ayes (56): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (6): Dilan, Hassell-Thomps, Krueger, Montgomery, Perkins, Rivera
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 Cohoes
PURPOSE OR GENERAL IDEA OF BILL: To enable dog control officers in the city of Cohoes to enforce provisions of the Agriculture and Markets law relating to the treatment of animals.
SUMMARY OF SPECIFIC PROVISIONS: Section one adds a new subdivision 83 to section 2.10 of the criminal procedure law to designate dog control officers as peace officers in the city of Cohoes when acting pursuant to article 26 of the Agriculture and Markets law. However, nothing in this subdivision shall authorize such officer to carry, posses, repair or dispose of a firearm unless the appropriate license has been issued.
JUSTIFICATION: Several municipalities across the state have been authorized to designate their dog and animal control officers as peace officers for the purposes of enforcing article 26 of the Agriculture and Markets law. This section of law deals with the licensing, identification and control of dogs. Granting peace officer status to Cohoes dog control officers is a cost-effective way to deal with violations of laws protecting animals by allowing such officers to deter potentially dangerous situations in a timely way and issue tickets without delay. However, nothing in this proposal will authorize these officers to carry or possess a firearm.
PRIOR LEGISLATIVE HISTORY: 2009/2010: S.3281/A.6844 Remained in the Senate Committee on Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1188 2011-2012 Regular Sessions IN SENATE January 5, 2011 ___________Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to designating dog control officers as peace officers in the city of Cohoes 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 COHOES, WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES IN MATTERS ARISING UNDER, AND THE ENFORCEMENT 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 PURSU- ANT 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. LBD05206-01-1