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A7115Assembly2009-2010 SessionSame asS1870

Grants peace officer status to police officers, inspectors and special agents of the federal protective service of the U.S. Department of Homeland Security

Sponsor Rory LancmanAD-25Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Rory Lancman

Assembly Member · Assembly District 25

No co-sponsors yet.

History

  1. Print number 7115a
  2. Amend (t) and recommit to codes
  3. Referred to codes
  4. Referred to codes

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A7115A

Title of bill

An act to amend the criminal procedure law, in relation to granting peace officer status to police officers, inspectors and special agents of the Federal Protective Service of the United States Department of Homeland Security

Purpose

To reaffirm that Police officers, inspectors and special agents of the Federal Protective Service of the U.S. Department of Homeland Security retain the powers of peace officers under New York State Law.

Summary of provisions

Section 1: Adds a new Criminal Procedure Law section 2.15 (28) to provide that police officers, inspectors and special agents of the Federal Protective Service clearly retain their status as state peace officers when acting pursuant to their official federal law enforcement duties.

Justification

At one point, the Federal Protective Service Was a branch of the General Services Administration and the U.S. Immigration and Customs Enforcement Department. The responsibility of the Federal Protective Service was then and continues to be to guard and investigate threats against the more than 8,800 federal offices and facilities nationwide, including many high profile federal facilities across New York State. Under CPL section 2.15(3)the Federal Protective Service was granted peace officer status because it was a part of the U.S. Immigration and Customs Enforcement. However, in 2003, the Federal Protective Service was transferred to become part of the Department of Homeland Security, so CPL section 2.15 (3) and (11) does not apply to them any longer.

This bill merely adds a new Subdivision (28) to clearly add the Federal Protective Service, now under the U.S. Department of Homeland Security, back into New York State law and clearly restore the police powers that they once had. Examples of other Federal law enforcement officials that have this status include members of the FBI, Secret Service, U.S. Marshalls, U.S. Postal Service police officers and inspectors, and the Internal Revenue Service. As with these other branches, this police force is a highly trained unit that should have the same peace officer status as the above named law enforcement agencies.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.