Relates to powers of certain federal law enforcement officers, including law enforcement security officers, criminal investigator and police officers of the Federal Protective Service.
Ayes (30): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Duane, Gianaris, Montgomery, Oppenheimer, Parker, Perkins, Stavisky, Stewart-Cousins
Ayes W/R (2): Kruger, Peralta
Nays (3): Krueger, Dilan, Rivera
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.
STATE OF NEW YORK ________________________________________________________________________ 541--A 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 -- 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