Relates to peace officer status of certain federal law enforcement officers; corrects certain provisions relating to the new titles of federal agencies and officers providing immigration, customs and border patrol duties.
TITLE OF BILL: An act to amend the criminal procedure law, in relation to peace officer status of certain federal law enforcement officers
PURPOSE: To update New York State law and preserve peace officer powers for federal agents in the United States Citizenship and Immigration Service, United States Immigration and Customs Enforcement, United States Customs and Border Protection, Bureau of Customs and Border Protection, and Immigration and Customs Enforcement. These were powers granted under the agencies formerly known as the United States Customs Service and Immigration and Naturalization Service.
SUMMARY OF LEGISLATION:
Section 1. Subdivisions 3 and 7 of section 2.15 of the criminal procedure law, subdivision 3 as amended by chapter 522 of the laws of 1995, subdivision 7 as amended by chapter 68 of the laws of 1983, are amended.
3. The amendment changes Immigration and Naturalization Service immigration inspectors, special agents, patrol officers and deportation officers to Immigration and Customs Enforcement special agents, deportation officers, and detention and deportation officers and
7. United States Customs Service special agents, inspectors and patrol officers is changed to United States Customs and Border Protection Officers and United States Customs and Border Protection Border Patrol agents.
JUSTIFICATION: The United States Customs Service and the United States Immigration and Naturalization Service ceased to exist with the creation of the Department of Homeland Security. However, New York State law was never updated to reflect the changes in title. This bill updates the language and maintains peace officer powers for agents of the former agencies.
LEGISLATIVE HISTORY: This is new bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3652--A Cal. No. 580 2013-2014 Regular Sessions IN SENATE February 8, 2013 ___________Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a 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 peace officer status of certain federal law enforcement officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 7 of section 2.15 of the criminal proce- dure law, subdivision 3 as amended by chapter 522 of the laws of 1995, subdivision 7 as amended by chapter 68 of the laws of 1983, are amended to read as follows: 3. Immigration and
[Naturalization Service immigration inspectors,]CUSTOMS ENFORCEMENT special agents, [patrol]DEPORTATION officers, and DETENTION AND deportation officers. 7. United States Customs [Service special]AND BORDER PROTECTION OFFICERS AND UNITED STATES CUSTOMS AND BORDER PROTECTION BORDER PATROL agents [, inspectors and patrol officers]. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08698-06-4