Relates to persons designated as peace officers.
TITLE OF BILL: An act to amend the criminal procedure law, in relation to persons designated as peace officers
This bill would grant peace officer status to the security officers of the Kaleida Health Centers.
SUMMARY OF SPECIFIC PROVISIONS: Amends Section 2.10 of the Criminal Procedure Law by adding a subdivision that includes under peace officer Status by members of its security force, employed by the Kaleida Health Network, within the "Medical Campus" as defined by the bill.
The new Subdivision stipulates that such officers are not authorized to carry, Possess. repair or dispose of a firearm without an appropriate license issued under Section 400.00 of the Penal Law. or to authorize such officer to carry or possess a firearm except while on duty.
JUSTIFICATION: Peace officer status will proved Security Officers of the Kaleida Health Network with more capability in protecting the safety of patients, visitors, and employees. it will allow them to perform "Warrant less" searches where there is "probably causes and reasonable belief", without having to place such individuals under citizens arrest. A citizen's arrest requires involvement of the Buffalo Police Department and ties up a security officer for many hours in the process.
Currently there is no protection for the officer who places a person under citizen's arrest. Security officers have been helpless in approaching individuals known to have stolen hospital property, or in approaching obvious psychotic, alcoholic and drug abuse patients who need physicians care, but refuse. Peace officer status will authorize security officers to detain such individuals for further police or physician attention.
Peace officer status also protects the security officers by providing a more serious charge against persons intending to injure a peace officer. It will also enable Kaleida Health Network security officers to take special training courses which will enhance their capabilities and provide a better service to all.
The change will not affect job descriptions nor require increased salary levels. It will also not require any necessity to increase the number of officers who work, per shift.
PRIOR LEGISLATIVE HISTORY: A.10624
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 3134--B Cal. No. 267 2011-2012 Regular Sessions IN SENATE February 9, 2011 ___________Introduced by Sens. GRISANTI, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- repassed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the criminal procedure law, in relation to 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. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 83 to read as follows: 83. MEMBERS OF THE SECURITY FORCE EMPLOYED BY KALEIDA HEALTH WITHIN AND DIRECTLY ADJACENT TO THE HOSPITAL BUILDINGS ON THE MEDICAL CAMPUS LOCATED BETWEEN EAST NORTH STREET, GOODELL STREET, MAIN STREET AND MICHIGAN AVENUE. THESE OFFICERS SHALL ONLY HAVE THE POWERS LISTED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 2.20 OF THIS ARTICLE, AS WELL AS THE POWER TO DETAIN AN INDIVIDUAL FOR A REASONABLE PERIOD OF TIME WHILE AWAITING THE ARRIVAL OF LAW ENFORCEMENT, PROVIDED THAT THE OFFICER HAS ACTUAL KNOWLEDGE, OR PROBABLE CAUSE TO BELIEVE, THAT SUCH INDIVIDUAL HAS COMMITTED AN OFFENSE; PROVIDED HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO 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 on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04729-07-1