Grants peace officer status to officers and members of the Schoharie County sheriff's tactical and rescue force.
Ayes (54): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (3): Hoylman, Krueger, Perkins
Excused (4): Espaillat, Golden, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the criminal procedure law, in relation to granting peace officer status to officers and members of the Schoharie county sheriff's tactical and rescue force
This bill would grant peace officer status to officers and members of the Schoharie County Sheriffs Tactical and Rescue Force.
SUMMARY OF PROVISIONS:
Section 1 amends Section 2.10 of the Criminal Procedure law by adding a new subdivision 84 to include officers and members of the Schoharie County Sheriffs Tactical and Rescue Force.
Section 2 provides for an immediate effective date.
The officers and members of the Schoharie County Sheriffs Tactical and Rescue Force are all volunteers who train and work with the Sheriff and his deputies during events that require additional and/or extended manpower which include public festivities, parades, fairs, etc., as well as disaster situations.
Currently, the officers and members of the Force operate under the authority of Article 2, Section 2.10, Subsection 2.10.26 which only defines Peace Officer status during emergency situations, or in preparation of emergency situations.
With the current wording of this subsection, members and officers of the Force are not officially operating under Peace Officer status while working at public festivities, fairs, parades, etc. This proposed legislation would clearly define them as designated Peace Officers and prevent the possibility of legal ramifications for any actions taken by the officers or members acting in that capacity during such events.
This proposal sits well with Governor Cuomo's call for better preparedness throughout the State as it will allow the officers and members of the Force to complete DCJS Peace Officer Certification course and be a fully functional auxiliary unit of the Sheriffs office.
None to the State.
STATE OF NEW YORK ________________________________________________________________________ 7720 IN SENATE June 2, 2014 ___________Introduced by Sen. SEWARD -- 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 granting peace officer status to officers and members of the Schoharie county sheriff's tactical and rescue force 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 84 to read as follows: 84. OFFICERS AND MEMBERS OF THE SCHOHARIE COUNTY SHERIFF'S TACTICAL AND RESCUE FORCE WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE ANY 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. LBD15443-02-4