Provides that trained personnel of the Physical Security Organization of a nuclear facility be given peace officer status

4 Co-sponsors

• Darrel J. Aubertine
• Vincent L. Leibell
• George D. Maziarz
• Kevin S. Parker

BILL NUMBER:S5213A

Title of bill

An act to amend the criminal procedure law, in relation to persons designated as peace officers

Purpose

This bill would amend section 2.10 of the criminal procedure law to provide peace officer status to trained personnel of the physical secu- rity organization of a nuclear facility licensed by the United States Nuclear Regulatory Commission responsible for maintaining safeguards and protection pursuant to the licensee's security plan.

Summary of specific provisions

Section One of this bill would amend section 2.10 of the criminal proce- dure law, to add a new subdivision 14, to provide peace officer status to trained personnel of the physical security organization of a nuclear facility licensed by the United States Nuclear Regulatory Commission responsible for maintaining safeguards and protection pursuant to the licensee's security plan.

Section Two of this bill would specify an immediate effective date.

Justification

The United States Nuclear Regulatory Commission regulates and licenses all nuclear facilities and power plants in New York State. In order to attain a license or renewal of a license, such facilities and power plants, pursuant to federal law, must maintain a physical security organization. The personnel of such physical security organization, again pursuant to federal law, must undergo, qualify and periodically re-qualify, to the highest level of federally established military and law enforcement training and education, including all types of tactics and firearms. The United States Nuclear Regulatory Commission holds these personnel and their facilities to the highest level of standards, and the license of the regulated facility is dependent upon the ability of these personnel to meet and excel at the level of other federal law enforcement entities.

Presently, due to an oversight in the law, these high level, extremely well trained personnel are not included within the definition of peace officer in the state's criminal procedure law. This bill would remedy this oversight and assure that these personnel would have state peace officer status to accompany their recognition under federal law.

Fiscal implications

None Noted.

Prior legislative history

This is a new bill.

Effective date

This act would take effect immediately.