This bill has been amended

Bill S541-2011

Enacts the "Homeland Security peace officer status act"

Relates to powers of certain federal law enforcement officers, including law enforcement security officers, criminal investigator and police officers of the Federal Protective Service.

Details

Actions

  • Jan 5, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S541

TITLE OF BILL:

An act to amend the criminal procedure law, in relation to enacting the "Homeland Security peace officer status act"

PURPOSE:

To reaffirm that police officers, inspectors and special agents of the Federal Protective Service of the U.S. Department of Homeland Security retain the powers of peace officers under New York State Law.

SUMMARY OF PROVISIONS:

Section 1 specifies the bill's short title as ~Homeland Security peace officer status act."

Section 2 adds a new Criminal Procedure Law section 2.15 (28) to provide that police officers, inspectors and special agents of the Federal Protective service clearly retain their status as state peace officers when acting pursuant to their official federal law enforcement duties.

JUSTIFICATION:

At one point, the Federal Protective Service Was a branch of the General Services Administration and the U.S. Immigration and Customs Enforcement Department. The responsibility of the Federal Protective Service was then and continues to be to guard and investigate threats against the more than 8,800 federal offices and facilities nationwide, including many high-profile federal facilities across New York State. Under CPL section 2.15(3)the Federal Protective Service was granted peace officer status because it was a part of the U.S. Immigration and Customs Enforcement. However, in 2003, the Federal Protective Service was transferred to become part of the Department of Homeland Security, so CPL section 2.15 (3) and (11) do not apply to them any longer.

This bill merely adds a new subdivision (28) to add the Federal Protective Service, now under the U.S. Department of Homeland Security, back into New York State law and clearly restore the police powers that they once had. Examples of other federal law enforcement officials that have this status include members of the FBI, Secret Service, U.S. Marshalls, U.S. Postal Service police officers and inspectors, and the Internal Revenue Service. As with these other branches, this police force is a highly trained unit that should have the same peace officer status as the above named law enforcement agencies.

LEGISLATIVE HISTORY:

2010 - S.1870-A KLEIN/A.7115-A Lancman - REFERRED TO CODES 2009 - S.1870 KLEIN/A.7115 Lancman - REFERRED TO CODES 2008 - S.7029 KLEIN - REFERRED TO CODES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 541 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. KLEIN, HASSELL-THOMPSON -- 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 enacting the "Homeland Security peace officer status act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "Homeland Security peace officer status act". S 2. Section 2.15 of the criminal procedure law is amended by adding a new subdivision 28 to read as follows: 28. FEDERAL PROTECTIVE SERVICE OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY POLICE OFFICERS, INSPECTORS AND SPECIAL AGENTS. S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus