Bill S7363-2013

Relates the peace officer status granted to officers or agents of a duly incorporated society for the prevention of cruelty to animals

Relates the peace officer status granted to officers or agents of a duly incorporated society for the prevention of cruelty to animals.

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  • May 14, 2014: REFERRED TO CODES

Memo

BILL NUMBER:S7363

TITLE OF BILL: An act to amend the criminal procedure law, in relation to the peace officer status granted to officers or agents of a duly incorporated society for the prevention of cruelty to animals

PURPOSE:

This bill clarifies that peace officers of a duly incorporated society for the prevention of cruelty to animals must be properly licensed to carry a weapon.

SUMMARY OF PROVISIONS:

Section 1 amends the criminal procedure law to clarify that officers or agents of a duly incorporated society for the prevention of cruelty to animals that are granted peace officer status after November 1, 2014 may not carry or possess a firearm without the appropriate license.

Section 2 states that this act shall take effect immediately.

JUSTIFICATION:

In a recent case in Livingston County, a convicted felon started the SPCA Humane Corps, a not-for-profit company that he incorporated with the state, and registered himself as a peace officer. As a result, this individual carried a weapon on him in public despite the fact that his felony conviction prohibited him from lawfully carrying a weapon. To avoid similar instances, this bill clarifies that any officer or agent of a duly incorporated society for the prevention of cruelty to animals with peace officer status must be properly licensed to carry a weapon.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7363 IN SENATE May 14, 2014 ___________
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 the peace officer status granted to officers or agents of a duly incorporated society for the prevention of cruelty to animals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 2.10 of the criminal procedure law, as amended by chapter 734 of the laws of 1987, is amended to read as follows: 7. Officers or agents of a duly incorporated society for the prevention of cruelty to animals PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE ANY PERSON HIRED AS SUCH OFFI- CER OR AGENT AFTER NOVEMBER FIRST, TWO THOUSAND FOURTEEN 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.

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