Bill S5225-2013

Relates to peace officer powers of safety officers

Relates to peace officer powers of safety officers.

Details

Actions

  • Jun 20, 2014: referred to codes
  • Jun 20, 2014: DELIVERED TO ASSEMBLY
  • Jun 20, 2014: PASSED SENATE
  • May 29, 2014: ADVANCED TO THIRD READING
  • May 28, 2014: 2ND REPORT CAL.
  • May 21, 2014: 1ST REPORT CAL.914
  • Jan 8, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 11, 2013: ADVANCED TO THIRD READING
  • Jun 10, 2013: 2ND REPORT CAL.
  • Jun 5, 2013: 1ST REPORT CAL.1136
  • May 14, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - Jun 5, 2013
Ayes (8): Carlucci, Ball, Bonacic, Felder, Hannon, Seward, Zeldin, Adams
Ayes W/R (3): Tkaczyk, Krueger, Latimer
VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - May 21, 2014
Ayes (9): Carlucci, Ball, Bonacic, Felder, Seward, Zeldin, Tkaczyk, Latimer, Rivera
Ayes W/R (1): Hannon
Nays (1): Krueger

Memo

BILL NUMBER:S5225

TITLE OF BILL: An act to amend the mental hygiene law and the public health law, in relation to peace officer powers of safety officers

PURPOSE OR GENERAL IDEA OF BILL: Provides that certain mental hygiene and department of health safety officers possess all peace officer powers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Subdivision (a) of section 7.25 of the mental hygiene law as amended by chapter 22 of the laws of 1984 is amended to require that safety officers employed at the Office of Mental Health in-patient facilities to be designated as peace officers.

Section 2. Subdivision (a) of section 13.25 of the mental hygiene law as amended by chapter 969 of the laws of 1983 is amended to require that safety officers employed at OPWDD facilities will be designated as peace officers.

Section 3. Section 455 of the public health law as amended by chapter 643 of the laws of 1980 is amended to designate safety officers employed at Department of Health hospitals as peace officers.

Section 4. Effective date.

JUSTIFICATION: New York. State's safety officers work for the Office of Mental Health and the Office of People with Developmental Disabilities. Safety officers patrol and inspect treatment facilities handling all safety and security issues and prevent endangerment of patients and persons with disabilities, employees, visitors and property. The safety officers are also charged with fire protection duties.

Like other law enforcement personnel, peace officer status should be provided to them on a full time basis. There is no justification to limit peace officer status to only their course of employment. Safety officers are fully qualified and trained as peace officers.

PRIOR LEGISLATIVE HISTORY: S.7440/A.10231- Passed the Senate: Referred to Assembly Codes A.11205 of 2000 A.10005 of 2002 A.5505 of 2003

FISCAL, IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5225 2013-2014 Regular Sessions IN SENATE May 14, 2013 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law and the public health law, in relation to peace officer powers of safety officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 7.25 of the mental hygiene law, as amended by chapter 22 of the laws of 1984, is amended to read as follows: (a) The commissioner and the directors of in-patient facilities in the office of mental health [may] SHALL designate safety officers to act as special policemen whose duty it shall be, under orders of the appropri- ate officer, to preserve peace and good order in facilities of such office and to fully protect the grounds, buildings, and patients. Such safety officers [acting as special policemen] shall possess all the powers of peace officers, as set forth in section 2.20 of the criminal procedure law[, while performing duties in or arising out of the course of their employment]. Such peace officers when acting pursuant to their special duties may issue and serve a simplified traffic information and appearance ticket, in the form prescribed by the commissioner of motor vehicles pursuant to section two hundred seven of the vehicle and traf- fic law, upon a person when he has reasonable cause to believe that such person has committed a traffic infraction in his presence, and shall have the power to issue and serve an appearance ticket as defined in section 150.10 of the criminal procedure law for an offense other than a felony in lieu of an arrest. S 2. Subdivision (a) of section 13.25 of the mental hygiene law, as amended by chapter 969 of the laws of 1983, is amended to read as follows:
(a) The commissioner and the directors of facilities under his juris- diction [may] SHALL designate safety officers to act as special police- men whose duty it shall be, under orders of the appropriate officer, to preserve peace and good order in such facilities and to fully protect the grounds, buildings, and patients. Such safety officers [acting as special policemen] shall possess all the powers of peace officers, as set forth in section 2.20 of the criminal procedure law[, while perform- ing duties in or arising out of the course of their employment]. Such peace officers when acting pursuant to their special duties may issue and serve a simplified traffic information and appearance ticket, in the form prescribed by the commissioner of motor vehicles pursuant to section two hundred seven of the vehicle and traffic law, upon a person when he has reasonable cause to believe that such person has committed a traffic infraction in his presence, and shall have the power to issue and serve an appearance ticket as defined in section 150.10 of the crim- inal procedure law for an offense other than a felony in lieu of an arrest. S 3. Section 455 of the public health law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: S 455. Hospitals; special policemen; powers and duties. 1. The direc- tor of each hospital in the department [may] SHALL designate [attendants or other employees] SAFETY OFFICERS to act as special policemen whose duty it shall be under the orders of the director to protect the grounds, buildings and patients of the hospital and to eject therefrom disorderly persons. Such [attendants and employees, acting as special policemen,] SAFETY OFFICERS shall possess all the powers of peace offi- cers, as set forth in section 2.20 of the criminal procedure law[, on the grounds and premises]. 2. The designation of such [attendants and employees] SAFETY OFFICERS as special policemen in pursuance hereof, shall not be deemed to super- sede, on the grounds and premises of such hospital, the authority of peace or police officers of the jurisdiction within which such hospital is located. S 4. This act shall take effect immediately.

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