Relates to including members of the fire investigation unit in the city of Schenectady as peace officers.

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S7241-2011 Actions

• Jun 12, 2012: SUBSTITUTED BY A10116
• Jun 12, 2012: ORDERED TO THIRD READING CAL.1157
• Jun 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 2, 2012: REFERRED TO CODES

S7241-2011 Meetings

Rules: Jun 18, 2012

S7241-2011 Calendars

Floor Calendar: Jun 12, 2012

S7241-2011 Votes

S7241-2011 Memo

BILL NUMBER:S7241

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to including members of
the fire investigation unit in the city of Schenectady as peace officers

PURPOSE:
To improve the ability to investigate and solve arson crimes in the
City of Schenectady.

SUMMARY OF PROVISIONS:
Amends Subdivision 51 of Section 2.10 of the Criminal Procedure Law to
allow officers and members of a fire investigation division of the
City of Schenectady to be designated as peace officers.

EXISTING LAW:
Section 2.10(51) of the Criminal Procedure Law currently designates
officers and members of the fire investigation divisions of the
cities of Rochester, Binghamton and Utica as peace officers.
Subdivisions 28, 44 and 75 provide similar designation for the cities
of New York and Buffalo. Subdivision 79 designates members of the
arson investigation bureau and fire inspection bureau of the NYS
Office of Fire Prevention and Control as peace officers.

JUSTIFICATION:
The City of Schenectady has requested this legislation to help it
combat the problem of arson.
By allowing the City to designate certain fire personnel as peace
officers, this legislation will enable Schenectady to utilize the
expertise and skills of fire department investigators to address this
dangerous crime.

Peace officer designation will provide these personnel with valuable
powers that will greatly assist in the investigation of arson, such
as the necessary legal authority to secure evidence, interview and
take statements from witnesses, obtain relevant insurance records and
financial information, and assist in criminal prosecutions.

The Legislature has previously granted peace officer status to fire
department investigators in some specific cities, including Utica and
Binghamton. This bill recognizes that properties in cities are
frequently the target of arson, and urban police forces face numerous
demands and have limited resources to devote to these types of cases.
However, cities do have professional firefighter departments that can
help investigate and solve these crimes. Fire department
investigators have extensive experience with fire and can greatly
contribute to addressing the problem of arson.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


Immediately.

S7241-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7241

                              I N  SENATE

                                 May 2, 2012
                                 ___________

  Introduced  by  Sen.  FARLEY -- 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  including
    members  of  the fire investigation unit in the city of Schenectady as
    peace officers

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subdivision  51 of section 2.10 of the criminal procedure
  law, as amended by chapter 294 of the laws of 1992, is amended  to  read
  as follows:

    51.  Officers  and  members  of the fire investigation division of the
  fire department of the city of Rochester, the city  of  Binghamton,  THE
  CITY OF SCHENECTADY and the city of Utica, when acting pursuant to their
  special  duties in matters arising under the laws relating to fires, the
  extinguishment thereof and fire perils; provided, however, that  nothing
  in  this subdivision shall be deemed to authorize 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.
    S 2. This act shall take effect immediately.






   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14505-01-2