S2949-2011 - NY Senate Open Legislation - Designates security hospital treatment assistants in the office of mental health as peace officers

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.

Sponsor: LANZA / Committee: CODES
Law Section: Criminal Procedure Law / Law: Amd S2.10, CP L

S2949-2011 Actions

Jun 12, 2012: referred to codes
Jun 12, 2012: DELIVERED TO ASSEMBLY
Jun 12, 2012: PASSED SENATE
Jun 12, 2012: ORDERED TO THIRD READING CAL.1147
Jun 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Jan 4, 2012: REFERRED TO CODES
Feb 3, 2011: REFERRED TO CODES

S2949-2011 Meetings

Rules: Jun 14, 2012

S2949-2011 Calendars

Floor Calendar: Jun 12, 2012

S2949-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 12, 2012

Ayes (22): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Duane, Hassell-Thompson, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Montgomery
Nays (1): Dilan
Excused (1): Krueger

VOTE: FLOOR VOTE: - Jun 12, 2012

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

S2949-2011 Memo

BILL NUMBER:S2949

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.

S2949-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          2949
 2011-2012 Regular Sessions
 I N  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

S2949-2011: Designates security hospital treatment assistants in the office of mental health as peace officers