Provides that trained personnel of the Physical Security Organization of a nuclear facility be given peace officer status but shall not carry or possess a firearm.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Hassell-Thomps, Kruger
Ayes (55): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Espaillat, 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, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (5): Dilan, Duane, Montgomery, Perkins, Rivera
Excused (2): Huntley, Krueger
TITLE OF BILL: An act to amend the criminal procedure law, in relation to persons designated as peace officers
PURPOSE: To provide peace officer status to the trained personnel of the physical security organization of a nuclear facility.
SUMMARY: Section 1 adds a new subdivision 14 to section 2.10 of the criminal procedure law in order to include trained personnel of the Physical Security Organization of a nuclear facility licensed by the United States Nuclear Regulatory Commission responsible for maintaining safeguards and protection pursuant to the licensee's security plan. It applies only when the trained personnel are acting pursuant to their special duties in matters relating to maintaining such safeguards and protections. The bill also specifies that nothing in the new 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.
Section 2 states this act shall take effect immediately.
JUSTIFICATION: The United States Nuclear Regulatory Commission regulates and licenses all nuclear facilities and power plants in New York State. In order to attain a license or renewal of a license, such facilities and power plants, pursuant to federal law, must maintain a physical security organization. The personnel of such physical security organization, pursuant to federal law, must undergo, qualify and periodically re-qualify, to the highest level of federally established military and law enforcement training and education, including all types of tactics and firearms. The United States Nuclear Regulatory Commission holds these personnel and their facilities to the highest standards, and the license of the regulated facility is dependent upon the ability of such personnel to meet and excel at the level of other federal law enforcement entities.
Section 2.10 of the criminal procedure law provides a list of over 70 types of employees designated as peace officers, ranging from probation officers and park rangers to employees of the insurance fraud bureau. As a peace officer, these individuals may make warrantless arrests, use physical force to make arrests and issue appearance tickets in accordance with the law. However, current law disregards the high level of training, professionalism, and respect for the personnel of a Physical Security Organization of a nuclear power facility by excluding them.
This bill adds a new subdivision to the section of law which designates different employees as peace officers in order to accommodate personnel of a Physical Security Organization of a nuclear power facility. With this bill, the highly trained and
respected men and women who keep our nuclear power facilities secure will finally be recognized as peace officers under the law.
LEGISLATIVE HISTORY: S.5213 of 2009 - Referred to Codes S.5213-A of 2010 - Passed Senate
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3825 2011-2012 Regular Sessions IN SENATE March 7, 2011 ___________Introduced by Sens. RITCHIE, ADAMS -- 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 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 14 to read as follows: 14. TRAINED PERSONNEL OF THE PHYSICAL SECURITY ORGANIZATION OF A NUCLEAR FACILITY LICENSED BY THE UNITED STATES NUCLEAR REGULATORY COMMISSION RESPONSIBLE FOR MAINTAINING SAFEGUARDS AND PROTECTION PURSU- ANT TO THE LICENSEE'S SECURITY PLAN WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES IN MATTERS RELATING TO MAINTAINING SUCH SAFEGUARDS AND PROTECTIONS; 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 PURSU- ANT TO SECTION 400.00 OF THE PENAL LAW. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00483-01-1