Relates to granting peace officer status to certain designated employees of the Richmond county public administrator's office.

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S4443B-2011 Actions

• Jun 13, 2012: referred to codes
• Jun 13, 2012: DELIVERED TO ASSEMBLY
• Jun 13, 2012: PASSED SENATE
• Jun 4, 2012: ADVANCED TO THIRD READING
• May 31, 2012: 2ND REPORT CAL.
• May 30, 2012: 1ST REPORT CAL.933
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 20, 2011: referred to codes
• Jun 20, 2011: DELIVERED TO ASSEMBLY
• Jun 20, 2011: PASSED SENATE
• Jun 20, 2011: ORDERED TO THIRD READING CAL.1427
• Jun 20, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 17, 2011: PRINT NUMBER 4443B
• Jun 17, 2011: AMEND AND RECOMMIT TO CODES
• Jun 8, 2011: PRINT NUMBER 4443A
• Jun 8, 2011: AMEND AND RECOMMIT TO CODES
• Apr 5, 2011: REFERRED TO CODES

S4443B-2011 Meetings

Codes: May 30, 2012, Rules: Jun 24, 2011

S4443B-2011 Calendars

Active List: Jun 13, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012

S4443B-2011 Votes

S4443B-2011 Memo

BILL NUMBER:S4443B

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to granting peace
officer status to certain designated employees of the Richmond county
public administrator's office

PURPOSE:
This bill would provide for the designation of certain employees of
the Richmond county public administrators office as peace officers.

SUMMARY OF PROVISIONS:
Section 1. The legislature hereby finds that in order to promote
public safety and the safety of peace officers that the chief
investigator of the office of the Richmond county public
administrator shall be authorized to exercise the powers of peace
officers.

Section 2. Section 2.10 of the criminal procedure law is amended by
adding a new subdivision 83 to read as follows:
83. The chief investigator of the office of the Richmond county public
administrator; provided that such chief investigator shall be limited
to the following powers of a peace officer, as which powers are
defined in section 2.20 of this article.

a). to carry, posses, repair or dispose of a firearm;
b). the power to make warrantless arrests pursuant to section 140.25
of this chapter, and
c). the power to use physical force and deadly
physical force in making an arrest or preventing an escape pursuant
to section 35.50 of the penal law.

Section 3. This act shall take effect immediately.

JUSTIFICATION:
The legislation is being amended to allow limited powers only to Chief
Investigators of the Public Administrators office.

The Public Administrator's primary job is to administer estates that
would otherwise remain unadministered, to protect the decedent's
property from loss or theft, make appropriate burial arrangements
when no close relative is available to make the decisions, conduct
thorough investigations to discover all assets, liquidate assets at
public sale and distribute assets to heirs, pay the decedent's bills
and taxes, and to find persons entitled to inherit from the estate
and to make sure that the legal distributes receive their inheritance.

In the original version of this bill, the designation of peace
officers was applied to certain employees of the Richmond County
public administrators. This has now been changed to reflect only

chief investigators of the Public Administrators office. Furthermore,
it will allow that individual to make warrantless arrests, possess a
firearm and use physical force. These last points are very important
because they ensure the safety and well being of the officer who may
sometimes enter a threatening situation and not have police
assistance readily available.

LEGISLATIVE HISTORY:
2004: A.10515/S.7262  - Referred to Codes
2006: A.3785A/S.1687A - Reported, Advanced to Third Reading

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The act shall take effect immediately.

S4443B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

      S. 4443--B                                            A. 6845--B

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                                April 5, 2011
                                 ___________

  IN  SENATE -- Introduced by Sens. LANZA, SAVINO, KLEIN -- read twice and
    ordered printed, and when printed to be committed to the Committee  on
    Codes  --  committee  discharged,  bill  amended, ordered reprinted as
    amended and recommitted to said  committee  --  committee  discharged,
    bill  amended,  ordered  reprinted  as amended and recommitted to said
    committee

  IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS,  CUSICK,  TOBACCO  --
    read  once  and  referred  to  the  Committee  on  Codes  -- committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee -- again reported from said  committee  with  amend-
    ments, ordered reprinted as amended and recommitted to said committee

  AN  ACT  to  amend  the  criminal procedure law, in relation to granting
    peace officer status to certain designated employees of  the  Richmond
    county public administrator's office

    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.  THE  PUBLIC ADMINISTRATOR OR THE CHIEF INVESTIGATOR OF THE OFFICE
  OF THE RICHMOND  COUNTY  PUBLIC  ADMINISTRATOR,  WHEN  ENGAGING  IN  THE
  PROTECTION OR TRANSFER OF A DECEDENT'S PROPERTY. PROVIDED, HOWEVER, THAT
  NOTHING  IN  THIS  SUBDIVISION  SHALL  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 immediately.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10557-03-1