Bill S1258-2011

Grants police officer status for members of the Triborough bridge and tunnel authority; repealer

Extends police officer status to bridge and tunnel officers, sergeants and lieutenants of the Triborough bridge and tunnel authority and authorizes such authority to maintain a bridge and tunnel police department and a uniformed bridge and tunnel police force.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Jan 6, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S1258

TITLE OF BILL: An act to amend the criminal procedure law, in relation to granting police officer status to bridge and tunnel officers, sergeants and lieutenants of the Triborough bridge and tunnel authority; repealing subdivision 20 of section 2.10 of such law relating thereto; and to amend the public authorities law, in relation to providing certain powers to the Triborough bridge and tunnel authority

PURPOSE: To grant police officer status to bridge and tunnel officers.

SUMMARY OF PROVISIONS: 1. Subdivision 34 of Section 1.20 of the criminal procedure law is amended by adding a new paragraph(s) to read as follows:

(S) BRIDGE AND TUNNEL OFFICERS, SERGEANTS AND LIEUTENANTS OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

§ 2. Subdivision 20 of Section 2.10 of the criminal procedure law is REPEALED.

§ 3. section 553 of the public authorities law is amended by adding a new subdivision 7-b to read as follows:

7-B. IN ITS DISCRETION TO PROVIDE AND MAINTAIN A BRIDGE AND TUNNEL POLICE DEPARTMENT AND A UNIFORMED BRIDGE AND TUNNEL POLICE FORCE

JUSTIFICATION: Bridge and Tunnel Officers are highly trained, certified New York State Peace Officers. Bridge and Tunnel Officers are responsible for law enforcement duties at Metropolitan Transportation Authority (MTA) Bridges and Tunnels, in addition to: maintaining daily 24-hour security patrols; checkpoints; video monitor surveillance; anti-terrorism and traffic enforcement duties. Bridge and Tunnel Officers are the first responders to all emergencies and incidences to preserve the safety and structural integrity of the nine facilities of MTA Bridges and Tunnels.

By expanding the law enforcement powers of Bridge and Tunnel Officers from Peace Officer status to police status, it would greatly enhance the safety and protection of the millions of motorists that travel on MTA's Bridges and Tunnels, surrounding roadways and communities.

Bridge and Tunnel Officers perform virtually all police responsibilities with one exception: As the current law is written, the law enforcement powers of Peace Officers are limited when compared to police Officers. The present law prohibits Bridge and Tunnel Officers, in their capacity as Peace Officers, from taking into custody individuals for merely having an arrest warrant.

By granting police status to Bridge and Tunnel Officers, it would allow them to arrest individuals with active warrants.

LEGISLATIVE HISTORY: 2009-2010: S.2556 - Passed Codes; Advanced to Third Reading

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1258 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________
Introduced by Sens. ADDABBO, DIAZ, HASSELL-THOMPSON, HUNTLEY, KLEIN, PARKER, SAVINO -- 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 granting police officer status to bridge and tunnel officers, sergeants and lieutenants of the Triborough bridge and tunnel authority; repealing subdivision 20 of section 2.10 of such law relating thereto; and to amend the public authorities law, in relation to providing certain powers to the Triborough bridge and tunnel authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 34 of section 1.20 of the criminal procedure law is amended by adding a new paragraph (w) to read as follows: (W) BRIDGE AND TUNNEL OFFICERS, SERGEANTS AND LIEUTENANTS OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. S 2. Subdivision 34-a of section 1.20 of the criminal procedure law is amended by adding a new paragraph (e) to read as follows: (E) THE "GEOGRAPHICAL AREA OF EMPLOYMENT" FOR THE BRIDGE AND TUNNEL POLICE FORCE OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL BE ALL FACILITIES OPERATED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. S 3. Subdivision 20 of section 2.10 of the criminal procedure law is REPEALED. S 4. Section 553 of the public authorities law is amended by adding a new subdivision 7-b to read as follows: 7-B. IN ITS DISCRETION TO PROVIDE AND MAINTAIN A BRIDGE AND TUNNEL POLICE DEPARTMENT AND A UNIFORMED BRIDGE AND TUNNEL POLICE FORCE. SUCH DEPARTMENT AND FORCE SHALL HAVE THE POWER AND IT SHALL BE THEIR DUTY, IN AND ABOUT BRIDGE AND TUNNEL FACILITIES, TO PRESERVE THE PUBLIC PEACE, PREVENT CRIME, AND ARREST OFFENDERS, SUPPRESS RIOTS, MOBS AND INSURREC- TIONS, DISPERSE UNLAWFUL OR DANGEROUS ASSEMBLAGES AND ASSEMBLAGES WHICH OBSTRUCT FREE PASSAGE; PROTECT THE RIGHTS OF PERSONS AND PROPERTY; GUARD
THE PUBLIC HEALTH; REGULATE, DIRECT, CONTROL AND RESTRICT PEDESTRIAN TRAFFIC; REMOVE ALL NUISANCES; ENFORCE AND PREVENT VIOLATION OF ALL LAWS AND ORDINANCES; AND FOR THESE PURPOSES TO ARREST ALL PERSONS GUILTY OF VIOLATING ANY LAW OR ORDINANCE. APPOINTMENTS TO SUCH BRIDGE AND TUNNEL POLICE FORCE SHALL BE MADE IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE CIVIL SERVICE LAW AND ONLY PERSONS WHO HAVE NEVER BEEN CONVICTED OF A FELONY, AND WHO ARE CITIZENS OF THE UNITED STATES SHALL BE APPOINTED BRIDGE AND TUNNEL PATROLMEN ON THE BRIDGE AND TUNNEL POLICE FORCE. EACH MEMBER OF SUCH FORCE SHALL BE A POLICE OFFICER AS DEFINED BY PARAGRAPH (W) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. THE AUTHORITY MAY APPOINT A NON-CIVILIAN CHIEF AND A DEPUTY CHIEF OF THE BRIDGE AND TUNNEL POLICE DEPARTMENT WHO, IN THE DISCRETION OF THE AUTHORITY, MAY BE SELECTED FROM THE RANKS OF THE BRIDGE AND TUNNEL POLICE FORCE, AND ASSIGN POWERS AND DUTIES TO THEM AND FIX THEIR COMPEN- SATION. THE CHIEF SHALL BE THE HEAD OF SUCH DEPARTMENT. DURING THE ABSENCE OR DISABILITY OF THE CHIEF, THE DEPUTY CHIEF SHALL POSSESS ALL THE POWERS AND PERFORM ALL THE DUTIES OF THE CHIEF. THE BRIDGE AND TUNNEL POLICE FORCE SHALL CONSIST OF CAPTAINS, LIEUTENANTS, SERGEANTS, PATROLMEN AND POLICEWOMEN. THE AUTHORITY MAY DETAIL PERSONS IN THE RANK OF CAPTAIN OF THE BRIDGE AND TUNNEL POLICE FORCE TO SERVE IN HIGHER RANKS. A CAPTAIN WHEN SO DETAILED TO SERVE IN A HIGHER RANK MAY BE GRANTED AN INCREASE IN SALARY ABOVE THE GRADE ESTABLISHED FOR THE RANK OF CAPTAIN IN THE UNIFORMED FORCE. S 5. This act shall take effect immediately.

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