Designates security hospital treatment assistants in the office of mental health as peace officers while performing duties in or arising out of the course of such person's employment.
Ayes (56): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (3): Dilan, Montgomery, Rivera
Excused (3): Espaillat, Huntley, Krueger
TITLE OF BILL: An act to amend the criminal procedure law, in relation to certain persons designated as peace officers
PURPOSE: To designate security hospital treatment assistants as peace officers.
SUMMARY OF PROVISIONS: Section one amends subdivision 52 of Section 2.10 of the criminal procedure law to designate security hospital treatment assistants as peace officers while performing duties in or arising out of the course of their employment. An appropriate license must still be issued pursuant to section 400.00 of the penal law for such person to carry, possess, repair or dispose of a firearm.
Section two states the effective date.
JUSTIFICATION: Currently, section 7.25 of the mental hygiene law specifies that the commissioner and the directors of the in-patient facilities in the office of mental health may designate safety officers to act as special policemen whose duty is to preserve peace and good order in these facilities. These designated officers acting as special policemen possess all the powers of peace officers. SHTAs, as front line staff members in the mental health system, deal with the criminally insane on a day-to-day basis. This legislation would designate security hospital treatment assistants as peace officers and insure that the front line staff is guaranteed a safe and secure working environment with training appropriate to the clientele and nature of the job.
LEGISLATIVE HISTORY: 2010: Referred to Codes/A.737 - Referred to Codes 2009: Referred to Codes/A.737 - Referred to Codes 2008: S.8402 - Passed Senate 2007: A.6070 - Referred to Codes 2005: A.1685 - Vetoed No. 9 2004: A.11140 - Referred to Rules 2002: A.6153 - Died in Codes Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 2949 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________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 certain persons designated as peace officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 52 of section 2.10 of the criminal procedure law, as added by chapter 969 of the laws of 1983, is amended to read as follows: 52. Security hospital treatment assistants
[, as so designated by the commissioner of]IN the office of mental health while [transporting persons convicted of a crime to court, to other facilities within the jurisdiction of the office of mental health, or to any state or local correctional facility]PERFORMING DUTIES IN OR ARISING OUT OF THE COURSE OF THEIR EMPLOYMENT; provided, however, that nothing in this subdivision shall be deemed to authorize such employee 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 on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02003-01-1