Bill S5783-2013

Authorize the Co-op City public safety department in Bronx county to appoint special policemen with certain specified powers

Authorizes the Co-op City public safety department in Bronx county to appoint special policemen with certain specified powers, and grants peace officer status to special policemen and public safety officers so appointed.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jun 14, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S5783

TITLE OF BILL: An act in relation to authorizing the Co-op City public safety department in Bronx county to appoint special policemen with certain specified powers, and to amend the criminal procedure law, in relation to granting peace officer status to special policemen so appointed

PURPOSE:

To codify the peace officer status of public safety officers at Co-op City

SUMMARY OF PROVISIONS:

This bill codifies the status of public safety officers serving at Co-op City in the Bronx by designating them as peace officers defined in Section 2.10 of the Criminal Procedure Law.

JUSTIFICATION:;

The population and land area occupied by "Co-op City" in Bronx County is the largest single housing project or complex in the State. In fact, the complex was an actual incorporated city of the State, it would become, based on the 2010 census, the sixth largest city by population in the State.

The Public Safety Department for Co-op City currently employs 105 public safety officers who serve at no cost to the taxpayers and they actively supplement and assist the Police Department for NYC in providing law enforcement services to the complex. They are paid from a monthly assessment on the residents owning apartments in the complex. Their designation as peace officers will render the Public Safety Department for Co-op City eligible for grants and other funds from the state and federal governments. Their designation as peace officers will not materially alter or increase any of their current enforcement authority under Section 14-106 of the New York Administrative Code. Their designation as peace officers will not be deemed to supersede in any way the authority of NYPD to act under the authority of law.

It is significant to note that public safety officers currently carrying firearms while performing their special duties at the housing complex, are not permitted, under the rules of the Co-op City Public Safety Department, to posses them during their non-duty hours away from the housing. complex. Further, the Public Safety Department requires all of its firearms bearing officers to obtain licensure from NYPD in order to possess a firearm while on duty.

LEGISLATIVE HISTORY:

Similar bills. A9077, Benedetto was introduced in 2009-10 and A10547, Benedetto was introduced in 2012

FISCAL IMPACT:

None to state or NYC

EFFECTIVE DATE:

1st of November next succeeding the date on when it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5783 2013-2014 Regular Sessions IN SENATE June 14, 2013 ___________
Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT in relation to authorizing the Co-op City public safety depart- ment in Bronx county to appoint special policemen with certain speci- fied powers, and to amend the criminal procedure law, in relation to granting peace officer status to special policemen so appointed THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds that the popu- lation and land area under the supervision and jurisdiction of the limited profit housing company known as "Co-op City" in Bronx county are the largest of any single housing project or complex in the state and are akin to the population and land area associated in popular under- standing with a city. The legislature further finds that, unfortunately, the larger the population and land area of a community, the more inci- dents of crime are likely to occur and the greater the need for stepped- up law enforcement activity, and this is no less true of Co-op City. The legislature further finds that the patrolmen of the housing company's Co-op City public safety department perform what are essentially munici- pal police functions at little or no cost to the taxpayers of this state because the salaries and law enforcement activities of the housing company's Co-op City public safety department, which activities supple- ment and often take the place of those of the police department of the city of New York, are paid for out of the monthly housing maintenance payments of the residents of Co-op City, rather than from municipal coffers. It is clear that without the Co-op City public safety depart- ment's patrolmen the city of New York and the taxpayers of the city and state would necessarily have to shoulder the sole burden of law enforce- ment for Co-op City. Accordingly, the legislature finds and declares that the unique situ- ation and special conditions present with respect to the area and commu-
nity known as "Co-op City" in Bronx county are matters of state concern and warrant granting the patrolmen of the Co-op City public safety department powers analogous to those granted by law to the security officers of the state university of New York contained in paragraph l of subdivision 2 of section 355 of the education law, as specified herein- below in this act. The legislature declares the necessity for the enact- ment of this act in furtherance of its police powers to protect the public safety of the residents of this state. S 2. The public safety department of a limited profit housing company known as "Co-op City", a company owning, leasing or controlling real property in a large area of Bronx county, and its successors and assigns, may appoint and at pleasure remove, one or more special police- men. Every special policeman so appointed shall, within 15 days there- after, before entering on the duties of his office, take and subscribe the oath of office prescribed in the thirteenth article of the constitu- tion of the state of New York and file the same in the office of the county clerk of the county of Bronx. The compensation of such special policemen shall be paid by such public safety department by which they are appointed. S 3. Subject to the provisions of the criminal procedure law, such special policemen shall be peace officers for the limited profit housing company known as "Co-op City" in Bronx county, or for its successors and assigns. In addition thereto such special policemen shall have the power and duty to preserve law and order on the grounds and other property of the company at which the special policeman is appointed to serve, including any public highway which crosses or adjoins such property. Persons so appointed shall, in the course of and in the actual perform- ance of their official duties have the power to execute arrest warrants pursuant to article 120 of the criminal procedure law and search warrants pursuant to article 690 of the criminal procedure law. In addition, such peace officers shall, in the course of and in the actual performance of their official duties have the power to follow a person in continuous close pursuit outside the grounds or other property of the company when the special policeman has reasonable cause to believe such person has committed an offense on the grounds or other property of the company including any public highway which crosses or adjoins such prop- erty, and may arrest such person for such offense where the person is apprehended, 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, and a simplified traffic information and appearance ticket in the form prescribed by the commissioner of motor vehicles pursuant to section 207 of the vehicle and traffic law, upon a person when he has reasonable cause to believe that such person has committed a traffic offense in his presence on the sites owned, operated and maintained by the limited profit housing company known as "Co-op City", and where applicable, such simplified traffic informations shall be administered pursuant to the provisions of article 2-A of the vehicle and traffic law. The appointment of such peace officers shall not be deemed to super- sede in any way the authority of other peace officers or police offi- cers. Such peace officers shall have the power to prevent disturbances and breaches of the peace in and about the parks, playgrounds, buildings and grounds so owned, leased or controlled, and the approaches thereto, and shall protect and preserve the same from injury, and shall enforce the established rules and regulations of the company. They shall have the
power to arrest, or issue appearance tickets as authorized by article 150 of the criminal procedure law or any other law, administrative code or local law to, any person committing: (i) any crime or offense, including but not limited to any wilful trespass in said area or on such grounds or property or in or upon such buildings or on the streets, avenues, and roads in said area or on such grounds, or (ii) any violation of the provisions of, or traffic infraction defined by, the vehicle and traffic law, or (iii) any violation of the traffic or park- ing regulations of the city of New York, and shall either issue an appearance ticket as authorized by article 150 of the criminal procedure law or any other law, administrative code or local law to, or convey such person so arrested with a statement of the cause of such arrest before a local criminal court having jurisdiction of the offense. Each such special policeman shall, when on duty, wear in plain view a metallic shield with the words "special policeman", his rank, if any, and the name of the public safety department of the limited profit hous- ing company which appointed him inscribed thereon. S 4. Any wilful trespass in said area or upon any grounds therein or the buildings and approaches thereto; and any wilful injury to any of the said buildings, grounds, area, or to any trees, shrubbery, fences, fixtures or other property thereon or pertaining thereto, and any wilful disturbance of the peace thereon shall constitute a misdemeanor. S 5. The provisions of the vehicle and traffic law and the traffic regulations and parking regulations of the city of New York shall apply and extend to the use, operation and maintenance of motor vehicles on the streets, avenues, and roads of the said Co-op City area or on such grounds, and shall apply with the same force and effect to the streets, avenues, and roads of the said area as they apply to the streets, avenues and roads of the city of New York. A violation thereof shall be classifiable and punishable as provided in such law or regulations. S 6. a. Appearance tickets issued by Co-op City special policemen shall be returnable before a court, administrative tribunal or adjudica- tory body having jurisdiction over the crime, offense, traffic infrac- tion or parking violation charged, in the same manner and with the same effect, and with the same discretion where there is concurrent jurisdic- tion over what is charged respecting to which of the three above-listed alternatives the appearance ticket shall be made returnable, as appear- ance tickets issued by city police or by enforcement officers of any city agency. b. Where an appearance ticket has been served by a Co-op City special policeman appointed as provided in this act in lieu of arrest in cases authorized by article 150 of the criminal procedure law, the officer of the police department of the city of New York assigned to desk duty in the precinct in which the service of such appearance ticket is made, is hereby authorized and directed to administer to such Co-op City special policeman all necessary oaths in connection with the execution of the complaint to be presented in the local criminal court by such Co-op City special policeman in the prosecution of such offense. S 7. Section 2.10 of the criminal procedure law is amended by adding two new subdivisions 84 and 85 to read as follows: 84. PERSONS APPOINTED AS SPECIAL POLICEMEN FOR "CO-OP CITY" IN BRONX COUNTY BY THE PUBLIC SAFETY DEPARTMENT OF A LIMITED PROFIT HOUSING COMPANY OF THE SAME NAME PURSUANT TO THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SUBDIVISION, PROVIDED, HOWEVER, THAT ANY PERSON SO APPOINTED MUST HAVE SATISFACTORILY COMPLETED OR COMPLETE WITHIN ONE YEAR OF THE DATE OF HIS APPOINTMENT A COURSE OF
LAW ENFORCEMENT TRAINING APPROVED BY THE MUNICIPAL POLICE TRAINING COUN- CIL IN CONSULTATION WITH THE COMPANY AND SHALL BE SUBJECT TO ANY FURTHER REQUIREMENTS AS ARE SPECIFIED IN SUCH CHAPTER OF THE LAWS OF TWO THOU- SAND THIRTEEN, AS SUCH CHAPTER MAY, FROM TIME TO TIME, BE AMENDED. 85. (A) PERSONS SERVING AS PUBLIC SAFETY OFFICERS FOR A LIMITED PROFIT HOUSING COMPLEX KNOWN AS "CO-OP CITY" IN BRONX COUNTY TO PREVENT CRIME AND ENFORCE THE LAW WHILE ACTING IN CONNECTION WITH THEIR SPECIAL- IZED DUTIES OF EMPLOYMENT; PROVIDED HOWEVER, THAT NOTHING IN THIS SUBDI- VISION SHALL BE DEEMED TO AUTHORIZE ANY SUCH OFFICER TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW. (B) PRIOR TO PERFORMING THE DUTIES PERMITTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION, A PERSON MUST HAVE SUCCESSFULLY COMPLETED THE TRAINING REQUIREMENT SET FORTH IN SECTION 2.30 OF THIS ARTICLE AND ANY ADDITIONAL PEACE OFFICER TRAINING REQUIRED BY THE MUNICIPAL POLICE TRAINING COUNCIL IN ACCORDANCE WITH SECTION EIGHT HUNDRED THIRTY-NINE OF THE EXECUTIVE LAW. S 8. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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