Relates to granting peace officer status to certain designated employees of the Richmond county public administrator's office.
BILL NUMBER:S2466 REVISED 1/29/13
TITLE OF BILL: An act to amend the criminal procedure law, in relation to granting peace officer status to certain designated employees of the Richmond county public administrator's office
PURPOSE: This bill would provide for the designation of certain employees of the Richmond county public administrators office as peace officers.
SUMMARY OF PROVISIONS:
Section 1. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 84.
Section 2. This act shall take effect immediately.
JUSTIFICATION: The legislation is being amended to allow limited powers only to Chief Investigators of the Public Administrators office.
The Public Administrator's primary job is to administer estates that would otherwise remain unadministered, to protect the decedent's property from loss or theft, make appropriate burial arrangements when no close relative is available to make the decisions, conduct thorough investigations to discover all assets, liquidate assets at public sale and distribute assets to heirs, pay the decedent's bills and taxes, and to find persons entitled to inherit from the estate and to make sure that the legal distributes receive their inheritance.
In the original version of this bill, the designation of peace officers was applied to certain employees of the Richmond County public administrators. This has now been changed to reflect only chief investigators of the Public Administrators office. Furthermore, it will allow that individual to make warrantless arrests, possess a firearm and use physical force. These last points axe very important because they ensure the safety and well being of the officer who may sometimes enter a threatening situation and not have police assistance readily available.
LEGISLATIVE HISTORY:; 2012: S.4443 - Passed Senate/A6845 Referred to codes 2011: S.4443 - Passed Senate/A.6845 Referred to Rules 2004: A.10515/S.7262 - Referred to Codes 2006: A.3785A/S.1687A Reported, Advanced to Third Reading
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2466 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________Introduced by Sen. LANZA -- 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 peace officer status to certain designated employees of the Richmond county public administrator's office 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 84 to read as follows: 84. THE PUBLIC ADMINISTRATOR OR THE CHIEF INVESTIGATOR OF THE OFFICE OF THE RICHMOND COUNTY PUBLIC ADMINISTRATOR, WHEN ENGAGING IN THE PROTECTION OR TRANSFER OF A DECEDENT'S PROPERTY. PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL 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. LBD04005-02-3