S541-2011 Actions

• Jun 15, 2011: SUBSTITUTED BY A478A
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1089
• May 17, 2011: REPORTED AND COMMITTED TO FINANCE
• May 5, 2011: PRINT NUMBER 541A
• May 5, 2011: AMEND (T) AND RECOMMIT TO CODES
• Jan 5, 2011: REFERRED TO CODES

S541-2011 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.

S541-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          541
 2011-2012 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01330-02-1

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