Designates certain persons appointed by a county sheriff's office, outside of the city of New York, when acting pursuant to their special duties serving as uniformed deputies working in a specialized function including but not limited to mounted patrol, marine patrol, snowmobile patrol, ATV patrol, forensic, scientific, or aviation as peace officers.
Ayes (53): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, 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, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (7): Dilan, Duane, Hassell-Thomps, Krueger, Montgomery, Perkins, Rivera
Excused (2): Espaillat, Huntley
TITLE OF BILL: An act to amend the criminal procedure law, in relation to designating certain persons appointed by a county sheriff's office as peace officers
PURPOSE: To grant peace officer status to certain qualified appointees of a county sheriff's office.
SUMMARY OF PROVISIONS: Section 1. Adds specialized uniformed appointees of a county sheriff's office who have completed the peace officer training to the definition of peace officer.
Section 2. Effective date.
JUSTIFICATION: In sheriff's offices all throughout the state, there are certain part-time deputies that do not have peace officer powers pursuant to Criminal Procedure Law §2.20. These part-time deputies carry out the same duties as other full-time deputies but do not have all the necessary powers of peace officers.
The sole impediment to their status as peace officers is that they are not listed explicitly in Criminal Procedure Law §2.10, the section of law that defines peace officers. Many part-time deputies already satisfy the peace officer training requirements of Criminal Procedure Law 2.30. The part-time deputies in counties such as Erie have completed all of the 99 hours of coursework as set forth by the Municipal Police Training Council. The coursework includes instruction in preliminary investigation, information development, arrest techniques, interpersonal skills, firearm safety, criminal procedure law, and ethical awareness among other subject areas. This bill would in no way by itself would authorize a part-time deputy from using, carrying, or disposing of a firearm. The deputy would still have to be licensed pursuant to Penal Law §400.00.
This approach to peace officer definition moves beyond the piecemeal approach that has been used in previous years. Any uniformed appointee of a sheriff's office who has undergone the required training and carries out law enforcement duties in a specialized function should be eligible for peace officer status.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7249 IN SENATE May 2, 2012 ___________Introduced by Sen. GALLIVAN -- 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 designating certain persons appointed by a county sheriff's office as peace offi- cers 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. PERSONS APPOINTED BY A COUNTY SHERIFF'S OFFICE, OUTSIDE OF NEW YORK CITY, WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES SERVING AS UNIFORMED DEPUTIES WORKING IN A SPECIALIZED FUNCTION INCLUDING BUT NOT LIMITED TO MOUNTED PATROL, MARINE PATROL, SNOWMOBILE PATROL, ATV PATROL, FORENSIC, SCIENTIFIC, OR AVIATION. SUCH PERSONS MUST HAVE SUCCESSFULLY COMPLETED PEACE OFFICER TRAINING PURSUANT TO SECTION 2.30 OF THIS ARTI- CLE. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFI- CER OR AGENT 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. LBD15408-01-2