Bill S2949-2011

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.

Details

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

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

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.


Text

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus