Bill S375-2009

Designates certain William Floyd school district security officers as peace officers; repealer

Designates certain William Floyd school district security guards and senior security guards as peace officers.

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  • Jan 7, 2009: REFERRED TO CODES

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 BILL NUMBER:  S375

TITLE OF BILL : An act to amend the criminal procedure law, in relation to designating certain William Floyd school district security officers as peace officers; to amend the executive law and the criminal procedure law, in relation to peace officers; and to repeal section 845-a of the executive law and section 2.30 of the criminal procedure law relating thereto

PURPOSE : Designates certain William Floyd school district security officers as peace officers; repealer.

SUMMARY OF PROVISIONS : 1. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 83; 2. Section 845-a of the executive law is repealed and section 845 of the executive law, as added by chapter 482 of the laws of 1979, is amended; and 3. Section 2.30 of the criminal procedure law is repealed and a new section 2.30 is added.

JUSTIFICATION : This legislation was introduced at the request of the William Floyd School District. This bill would assure that Security Officers would have the authority to provide protection if a disruption of security were to occur on school district grounds. In 2008, the governor vetoed similar bills that would have extended peace officer status to particular job positions in various localities. The principal concern noted in the veto messages was that our current laws governing the training of peace officers are inadequate.

The requirements of the police officer and peace officer registries, as set forth in Executive law §§845 and 845-a, are similar but not identical. This bill will consolidate the requirements for each registry in §845, thereby ensuring a consistent registry process for both classes of officers.

Such standardization also will facilitate more efficient processing of the information by staff of the Division of Criminal Justice Services (DCJS).

The current peace officer training requirements were enacted in 1980. The environment in which peace officers carry out their functions, powers and duties has changed drastically since that time. Peace officer's are increasingly expected to enforce a variety of local and State laws. They are authorized to make warrantless arrests and searches and, within their special duties, can be assigned to perform most of the same functions as police officers. The current 35-hour training courses may be inadequate to prepare peace officers to carry out their functions safely and effectively.

This bill makes no change to the provisions of Executive Law §840, under which the MPTC recommends rules to the Governor regarding the requirements of minimum basic training for peace officers. However, the 35-hour and 10-hour limits would be eliminated. This will enhance public safety generally, protect peace officers' safety, and ensure that the MPTC is able to enhance peace officer training courses in accordance with appropriate contemporary standards.

LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : This bill could result in additional training costs for some state and local agencies, but for several reasons such costs are not expected to be particularly large or unmanageable. First, many employers of peace officers already provide training that is far in excess of the 35 hours specified in the current statute, and which is likely to be fully or nearly compliant with any new standards that would be set under the bill. For example, the Department of Correctional Services, which employs a large number of peace officers, already requires extensive training that is closely tailored to the specialized needs of the officers in that agency.

EFFECTIVE DATE : This act shall take effect immediately; provided that sections two and three of this act shall take effect one year after this act shall have become law.

Text

STATE OF NEW YORK ________________________________________________________________________ S. 375 A. 856 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 7, 2009 ___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Codes IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to designating certain William Floyd school district security officers as peace offi- cers; to amend the executive law and the criminal procedure law, in relation to peace officers; and to repeal section 845-a of the execu- tive law and section 2.30 of the criminal procedure law relating thereto 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. PERSONS EMPLOYED BY WILLIAM FLOYD SCHOOL DISTRICT AS SECURITY GUARDS AND SENIOR SECURITY GUARDS OF SUCH SCHOOL DISTRICT; 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. Section 845-a of the executive law is REPEALED and section 845 of the executive law, as added by chapter 482 of the laws of 1979, is amended to read as follows: S 845. Central state registry of police officers AND PEACE OFFICERS. 1. The division shall collect information to maintain, on a current basis, a registry of all police officers AND PEACE OFFICERS in the state. Such registry shall contain, with respect to each police AND PEACE officer, his OR HER name, date of birth, social security number,
rank or title, [department] EMPLOYER, and whether he OR SHE is employed full-time or part-time. 2. Each head of a state or local agency, unit of local government, state or local commission, [or] public authority OR OTHER ORGANIZATION which employs police officers OR PEACE OFFICERS shall transmit to the division, no later than the fifteenth day of January, [nineteen hundred eighty] ANNUALLY, AND IN A FORM AND MANNER PRESCRIBED BY THE DIVISION, a list containing the name of every police officer OR PEACE OFFICER employed by his OR HER agency, government, commission, authority or organization [on the first day of January, nineteen hundred eighty,] indicating with respect to each [police] officer his OR HER date of birth, social security number, rank or title, [department] EMPLOYER, AND whether he OR SHE is employed full-time or part-time. [Each such head shall thereafter, no later than the tenth day of each January and July, transmit to the division a list of those police officers who have been appointed, have had a change of rank, or have ceased to serve in the preceding six calendar months and, in the instance of new appointees, shall include all the information required to be furnished in the initial listing.] IN ADDITION TO SUCH ANNUAL LIST, EACH SUCH HEAD SHALL TRANSMIT TO THE DIVISION ADDITIONAL LISTS CONTAINING THE NAMES OF OFFI- CERS WHO HAVE BEEN NEWLY APPOINTED, HAVE HAD A CHANGE IN RANK OR HAVE CEASED TO SERVE, WHICH LISTS SHALL BE TRANSMITTED WITHIN THIRTY DAYS OF THE EVENTS LISTED, AND WHICH SHALL INCLUDE ALL THE INFORMATION REQUIRED TO BE FURNISHED IN THE ANNUAL LISTING. 3. [Each such head shall have the option to enter into an agreement with the division whereby the required semi-annual updating of registry information may be regularly done on a more frequent basis.] THE DIVI- SION SHALL ESTABLISH RULES AND REGULATIONS TO PROVIDE FOR A PERMANENT SYSTEM OF IDENTIFICATION FOR EACH POLICE AND PEACE OFFICER, WHICH SHALL INCLUDE PROCEDURES FOR UPDATING THE REGISTRY UPON AN OFFICER'S FAILURE TO COMPLETE REQUIRED TRAINING WITHIN THE TIME LIMITATIONS ESTABLISHED IN LAW OR REGULATION. 4. UPON THE FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER MAY APPLY TO THE SUPREME COURT FOR AN ORDER, DIRECTED TO THE PERSON RESPONSIBLE, REQUIR- ING COMPLIANCE. UPON SUCH APPLICATION, THE COURT MAY ISSUE SUCH ORDER AS MAY BE JUST. 5. THE DIVISION SHALL COOPERATE WITH THE DIVISION OF STATE POLICE IN MAKING THE INFORMATION IN THE CENTRAL REGISTRY OF POLICE AND PEACE OFFI- CERS AVAILABLE FOR THE PURPOSE OF VERIFYING TRANSACTIONS INVOLVING FIREARMS. S 3. Section 2.30 of the criminal procedure law is REPEALED and a new section 2.30 is added to read as follows: S 2.30 TRAINING REQUIREMENTS FOR PEACE OFFICERS. 1. EVERY PEACE OFFICER APPOINTED AFTER THE EFFECTIVE DATE OF THIS SECTION MUST SUCCESSFULLY COMPLETE A PEACE OFFICER BASIC TRAINING PROGRAM PRESCRIBED BY REGULATIONS PROMULGATED BY THE GOVERNOR PURSUANT TO SECTION EIGHT HUNDRED FORTY OF THE EXECUTIVE LAW. SUCH REGULATIONS MAY PRESCRIBE DIFFERENT BASIC TRAINING PROGRAMS AS MAY BE DEEMED APPRO- PRIATE FOR PARTICULAR AGENCIES OR CATEGORIES OF PEACE OFFICERS. IT IS THE RESPONSIBILITY OF EVERY EMPLOYER OF PEACE OFFICERS TO PROVIDE THE PEACE OFFICER BASIC TRAINING PROGRAM REQUIRED BY THIS SECTION. EACH PEACE OFFICER SATISFACTORILY COMPLETING A PEACE OFFICER BASIC TRAINING PROGRAM SHALL BE AWARDED A CERTIFICATE BY THE DIVISION OF CRIMINAL JUSTICE SERVICES ATTESTING TO THAT EFFECT. EVERY PERSON APPOINTED AS PEACE OFFICER AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL FORFEIT HIS
OR HER POSITION UNLESS HE OR SHE HAS RECEIVED A CERTIFICATE OF SATISFAC- TORY COMPLETION OF THE PEACE OFFICER BASIC TRAINING PROGRAM WITHIN THE TIME PRESCRIBED BY THE REGULATIONS PROMULGATED BY THE GOVERNOR PURSUANT TO SECTION EIGHT HUNDRED FORTY-TWO OF THE EXECUTIVE LAW. 2. EVERY PEACE OFFICER EMPLOYER MUST ALSO PROVIDE AN ORIENTATION PROGRAM FOR ITS PEACE OFFICERS COMPRISED OF SUBJECTS RELATING TO THE SPECIAL NATURE OF THE DUTIES OF THE PEACE OFFICERS EMPLOYED BY IT. 3. NO EMPLOYER SHALL ALLOW ANY PEACE OFFICER TO CARRY OR USE A WEAPON DURING ANY PHASE OF THE OFFICER'S ON-DUTY EMPLOYMENT UNLESS SUCH OFFICER HAS SATISFACTORILY COMPLETED A COURSE OF TRAINING APPROVED BY THE MUNIC- IPAL POLICE TRAINING COUNCIL IN THE USE OF DEADLY PHYSICAL FORCE AND FIREARMS AND OTHER WEAPONS, AND ANNUALLY RECEIVES TRAINING IN THE USE OF DEADLY PHYSICAL FORCE AND FIREARMS AND OTHER WEAPONS. 4. EVERY EMPLOYER OF PEACE OFFICERS SHALL ANNUALLY REPORT TO THE DIVI- SION OF CRIMINAL JUSTICE SERVICES, IN SUCH FORM AND AT SUCH TIME AS THE DIVISION MAY BY REGULATION REQUIRE, THE NAMES OF ALL PEACE OFFICERS WHO HAVE, DURING THE COURSE OF THE YEAR, SATISFACTORILY COMPLETED ANY OF THE TRAINING REQUIREMENTS PRESCRIBED BY THIS SECTION. 5. UPON THE FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION, THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY APPLY TO THE SUPREME COURT FOR AN ORDER, DIRECTED TO THE PERSON RESPONSIBLE, REQUIRING COMPLIANCE. UPON SUCH APPLICATION, THE COURT MAY ISSUE SUCH ORDER AS MAY BE JUST. 6. A CERTIFICATE ATTESTING TO SATISFACTORY COMPLETION OF THE TRAINING REQUIREMENTS IMPOSED UNDER THIS SECTION AWARDED TO ANY PEACE OFFICER BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO THIS SECTION SHALL REMAIN VALID DURING THE HOLDER'S CONTINUOUS SERVICE AS A PEACE OFFICER AND FOR FIVE YEARS AFTER THE DATE OF THE COMMENCEMENT OF AN INTERRUPTION IN SUCH SERVICE. AS USED IN THIS SUBDIVISION, THE TERM "INTERRUPTION" SHALL MEAN A PERIOD OF SEPARATION FROM EMPLOYMENT AS A PEACE OFFICER BY REASON OF SUCH OFFICER'S LEAVE OF ABSENCE, RESIGNATION, OR REMOVAL, OTHER THAN REMOVAL FOR CAUSE. S 4. This act shall take effect immediately; provided that sections two and three of this act shall take effect one year after this act shall have become a law.

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