S7440-2011 Actions

• Jun 13, 2012: referred to codes
• Jun 13, 2012: DELIVERED TO ASSEMBLY
• Jun 13, 2012: PASSED SENATE
• Jun 12, 2012: ADVANCED TO THIRD READING
• Jun 11, 2012: 2ND REPORT CAL.
• Jun 6, 2012: 1ST REPORT CAL.1140
• May 17, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S7440-2011 Meetings

S7440-2011 Calendars

S7440-2011 Votes

S7440-2011 Memo

BILL NUMBER:S7440

TITLE OF BILL:
An act
to amend the mental hygiene law and the public health law,
in relation to peace
officer powers of
safety officers

PURPOSE OR GENERAL IDEA OF BILL:
Provides that certain mental hygiene safety officers possess all
peace officer powers.

SUMMARY OF SPECIFIC PROVISIONS:
* Subdivision (a) of section 7.25 of the mental hygiene law as amended
by chapter 22 of the laws of 1984 is amended.

* Subdivision (a) of section 13.25 of the mental hygiene law as
amended by chapter 969 of the laws of 1983 is amended.

* Section 455 of the public health law as amended by chapter 643 of
the laws of 1980 is amended

JUSTIFICATION:
New York State's safety officers work for the Office of
Mental Health and the Office of Mental Retardation and Developmental
Disabilities. Safety officers patrol and inspect treatment facilities
handling all safety and security issues and prevent endangerment of
patients and persons with disabilities, employees, visitors and
property. The safety officers are also charged with fire protection
duties.
Safety officers work with difficult client populations and the
facilities are often located in areas with increasing incidence of
crime.

Like other law enforcement personnel, peace officer status should be
provided to them on a full time basis. There is no justification to
limit peace officer status to only their course of employment. Safety
officers are fully qualified and trained as peace officers.

PRIOR LEGISLATIVE HISTORY:
A.11205 of 2000
A.10005 of 2002
A.5505  of 2003

FISCAL, IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S7440-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7440
 I N  SENATE
 May 17, 2012
 
 Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health and Develop
 mental Disabilities
 

AN ACT to amend the mental hygiene law and the  public  health  law,  in
 relation to peace officer powers of safety officers
 

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

 

Section 1. Subdivision (a) of section 7.25 of the mental hygiene  law,
 as  amended  by  chapter  22  of the laws of 1984, is amended to read as
 follows:

 (a) The commissioner and the directors of in-patient facilities in the
 office of mental health [may] SHALL designate safety officers to act  as
 special  policemen whose duty it shall be, under orders of the appropri
 ate officer, to preserve peace and good  order  in  facilities  of  such
 office  and  to fully protect the grounds, buildings, and patients. Such
 safety officers [acting as special  policemen]  shall  possess  all  the
 powers  of  peace officers, as set forth in section 2.20 of the criminal
 procedure law[, while performing duties in or arising out of the  course
 of  their employment]. Such peace officers when acting pursuant to their
 special duties may issue and serve a simplified traffic information  and
 appearance  ticket,  in the form prescribed by the commissioner of motor
 vehicles pursuant to section two hundred seven of the vehicle and  traf
 fic law, upon a person when he has reasonable cause to believe that such
 person  has  committed  a  traffic infraction in his presence, 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.
 

S  2.  Subdivision  (a) of section 13.25 of the mental hygiene law, as
 amended by chapter 969 of the laws  of  1983,  is  amended  to  read  as
 follows:

 (a)  The commissioner and the directors of facilities under his juris
 diction [may] SHALL designate safety officers to act as special  police
 men  whose duty it shall be, under orders of the appropriate officer, to
 preserve peace and good order in such facilities and  to  fully  protect
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15782-01-2
 
       S. 7440                             2
 the  grounds,  buildings,  and patients. Such safety officers [acting as
 special policemen] shall possess all the powers of  peace  officers,  as
 set forth in section 2.20 of the criminal procedure law[, while perform-
 ing  duties  in or arising out of the course of their employment].  Such
 peace officers when acting pursuant to their special  duties  may  issue
 and serve a simplified traffic information and appearance ticket, in the
 form  prescribed  by  the  commissioner  of  motor  vehicles pursuant to
 section two hundred seven of the vehicle and traffic law, upon a  person
 when he has reasonable cause to believe that such person has committed a
 traffic  infraction  in  his presence, and shall have the power to issue
 and serve an appearance ticket as defined in section 150.10 of the crim
 inal procedure law for an offense other than a  felony  in  lieu  of  an
 arrest.
 

S  3. 

Section 455 of the public health law, as amended by chapter 843
 of the laws of 1980, is amended to read as follows:

 

S 455. Hospitals; special policemen; powers and duties. 1. The  direc
 tor of each hospital in the department [may] SHALL designate [attendants
 or  other  employees]  SAFETY OFFICERS to act as special policemen whose
 duty it shall be under  the  orders  of  the  director  to  protect  the
 grounds,  buildings  and patients of the hospital and to eject therefrom
 disorderly persons. Such [attendants and employees,  acting  as  special
 policemen,]  SAFETY OFFICERS shall possess all the powers of peace offi
 cers, as set forth in section 2.20 of the criminal  procedure  law[,  on
 the grounds and premises].
 2.  The designation of such [attendants and employees] SAFETY OFFICERS
 as special policemen in pursuance hereof, shall not be deemed to  super
 sede,  on  the  grounds  and premises of such hospital, the authority of
 peace or police officers of the jurisdiction within which such  hospital
 is located.
 

S 4. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!