S2466-2013 Actions

• Jan 17, 2013: REFERRED TO CODES

S2466-2013 Memo

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 employ-
ees of the Richmond county public administrators office as  peace  offi-
cers.

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 proper-
ty 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  adminis-
trators.  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 phys-
ical force. These last points axe very important because they ensure the
safety and well being of the officer who may sometimes enter a threaten-
ing 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.

S2466-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2466
 2013-2014 Regular Sessions
 I N  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

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