Includes bay constables appointed by a county, city, town or village within the definition of peace officers.
Ayes (56): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (5): Krueger, Montgomery, Perkins, Rivera, Tkaczyk
Excused (2): O'Mara, Parker
TITLE OF BILL: An act to amend the criminal procedure law, in relation to bay constables appointed by a county, city, town or village within the definition of peace officers
PURPOSE: The purpose of this bill would amend subdivision 18 of section 2.10 of the criminal procedure law as amended by Chapter 224 of the Laws of 1998, to include all bay constables appointed by a county, city town or village within the definition of a peace officer, not just those specifically referred to in the current version of the Criminal Procedure Law.
JUSTIFICATION: A peace office is designated with maintaining law and order for a specified community. A bay constable, being appointed by a particular county, city, town or village is also expected to uphold the same obligations and responsibilities that are resumed by a peace officer.
LEGISLATIVE HISTORY: 2012 A.4558
FISCAL IMPLICATIONS:. None
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 4580 2013-2014 Regular Sessions IN SENATE April 12, 2013 ___________Introduced by Sen. LAVALLE -- 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 bay consta- bles appointed by a county, city, town or village within the defi- nition of peace officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 18 of section 2.10 of the criminal procedure law, as amended by chapter 224 of the laws of 1998, is amended to read as follows: 18. Bay
[constable of the city of Rye, the villages of Mamaroneck, South Nyack and bay constables of the towns of East Hampton, Hempstead, Oyster Bay, Riverhead, Southampton, Southold, Islip, Shelter Island, Brookhaven, Babylon, Smithtown, Huntington and North Hempstead; provided, however, that nothing in this subdivision shall be deemed to authorize the bay constables in the city of Rye, the village of South Nyack or the towns of Brookhaven, Babylon, Southold, East Hampton, Riverhead, Islip, other than a bay constable of the town of Islip who prior to April third, nineteen hundred ninety-eight served as harbormas- ter for such town and whose position was reclassified as bay constable for such town prior to such date, Smithtown, Huntington and Shelter Island 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]CONSTABLES APPOINTED BY A COUNTY, CITY, TOWN OR VILLAGE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10030-01-3