Authorizes the town of Babylon, county of Suffolk, to designate as constables animal control officers for the purposes of enforcing article 26 of the agriculture and markets law and for the purpose of issuing appearance tickets permitted under article 7 of such law.
Ayes (54): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (6): Dilan, Duane, Montgomery, Perkins, Rivera, Squadron
Excused (2): Huntley, Krueger
TITLE OF BILL: An act to amend the criminal procedure law, in relation to authorizing the town of Babylon, county of Suffolk, to designate as peace officers animal control officers for certain purposes
PURPOSE: To enable animal control officers in the Town of Babylon to enforce provisions of the Agriculture and Markets law relating to the treatment of animals.
SUMMARY OF PROVISIONS: Section one adds a new subdivision 83 to section 2.10 of the criminal procedure law to designate animal control officers as peace officers in the Town of Babylon when acting pursuant to article 26 of the Agriculture and Markets law. However, nothing in this subdivision shall authorize such officer to carry, posses, repair or dispose of a firearm unless the appropriate license has been issued.
Section two provides the effective date.
JUSTIFICATION: Several municipalities across the state have been authorized to designate their dog and animal control officers as peace officers for the purposes of enforcing article 26 of the Agriculture and Markets law. This section of law deals with the licensing, identification and control of animals. Granting peace officer status to animal control officers is a cost-effective way to deal with violations of laws protecting animals by allowing such officers to deter potentially dangerous situations in a timely way and issue tickets without delay. However, nothing in this proposal will authorize these officers to carry or possess a firearm.
LEGISLATIVE HISTORY: New bill.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6390--A IN SENATE February 2, 2012 ___________Introduced by Sen. JOHNSON -- 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 authorizing the town of Babylon, county of Suffolk, to designate as peace officers animal control officers for certain purposes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 83 to read as follows: 83. ANIMAL CONTROL OFFICERS OF THE TOWN OF BABYLON, COUNTY OF SUFFOLK, WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES IN MATTERS ARISING UNDER, AND IN THE ENFORCEMENT OF ARTICLE TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW AND FOR THE PURPOSE OF ISSUING APPEARANCE TICKETS PERMITTED UNDER ARTICLE SEVEN OF SUCH LAW MAY BE DESIGNATED AS PEACE OFFICERS; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFICERS 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. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14341-02-2