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 (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
TITLE OF BILL: An act to amend the criminal procedure law, in relation to persons designated as peace officers
PURPOSE: This bill would amend section 2.10 of the criminal procedure law to provide peace officer status to 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.
SUMMARY OF SPECIFIC PROVISIONS: Section One of this bill would amend section 2.10 of the criminal procedure law, to add a new subdivision 14, to provide peace officer status to 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.
Section Two of this bill would specify an immediate effective date.
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, again 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 level of standards, and the license of the regulated facility is dependent upon the ability of these personnel to meet and excel at the level of other federal law enforcement entities.
Presently, due to an oversight in the law, these high level, extremely well trained personnel are not included within the definition of peace officer in the state's criminal procedure law. This bill would remedy this oversight and assure that these personnel would have state peace officer status to accompany their recognition under federal law.
FISCAL IMPLICATIONS: None Noted.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
This act would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5213--A 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sens. ADAMS, AUBERTINE, LEIBELL, MAZIARZ, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. LBD11557-03-0