S541A-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

S541A-2011 Meetings

S541A-2011 Calendars

S541A-2011 Votes

S541A-2011 Memo

BILL NUMBER:S541A

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to powers of
certain federal law enforcement officers

PURPOSE:
To reaffirm that law enforcement security
officers, criminal
investigators and police officers 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: Amends Criminal Procedure Law
section 2.15 (6) to provide that law enforcement security officers,
criminal investigators and police officers of the Federal Protective
Service clearly retain the powers of a peace officer as enumerated in
section 2.20 of the Criminal Procedure Law."

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 provide
protection to the more than 9,000 facilities, owned and leased by the
General Services Administration of the Federal Government, including
many high profile federal facilities across New York State. Under CPL
section 2.15(3) the Federal Protective Service was granted the powers
of peace officers 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 their powers are no longer clearly delineated in statute.

This bill amends Subdivision (6) to clearly include the officers
within the Federal Protective Service, now under the U.S. Department
of Homeland Security, and clearly reaffirm the powers that they
possessed under other Federal agencies. Examples of other Federal law
enforcement officials that have these powers include members of the
FBI, Secret Service, U.S. Marshals, U.S. Postal Service police
officers and inspectors, and the Internal Revenue Service. As with
these other branches, these officers are part of a highly trained
unit that should have the same power as the above named law
enforcement agencies.

LEGISLATIVE HISTORY:
A.7115 (2010).

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S541A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 541--A
 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 -
 committee discharged, bill amended, ordered reprinted as  amended  and
 recommitted to said committee
 AN  ACT  to  amend  the criminal procedure law, in relation to powers of
 certain federal law enforcement officers
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  6  of section 2.15 of the criminal procedure
 law, as amended by chapter 68 of the laws of 1983, is amended to read as
 follows:

 6. Federal Protective Officers,  INCLUDING  LAW  ENFORCEMENT  SECURITY
 OFFICERS,  CRIMINAL  INVESTIGATORS  AND  POLICE  OFFICERS OF THE FEDERAL
 PROTECTIVE SERVICE.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01330-03-1

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

Discuss!