S92-2013 Actions

• May 1, 2013: PRINT NUMBER 92A
• May 1, 2013: AMEND (T) AND RECOMMIT TO CODES
• Jan 9, 2013: REFERRED TO CODES

S92-2013 Memo

BILL NUMBER:S92

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 sheriffs office.

SUMMARY OF PROVISIONS:
Section 1. Adds specialized uniformed appointees of a county sheriffs
office who have completed the peace officer training to the
definition of peace officer.

Section 2. Effective date.

JUSTIFICATION:
In sheriffs' 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:
2011-12: S.7249/A.10645 Passed Senate/Referred to Codes

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
This act shall take effect immediately.

S92-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          92
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 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.
 LBD01948-01-3

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