Designates the sergeant-at-arms and the assistant sergeants-at-arms of the senate and assembly as peace officers

Title of bill

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

Purpose

Provides peace officer status under the Criminal Procedure Law to the Sergeant at Arms at the State Capitol.

Summary of provisions

Amends Section 2.10 of the Criminal Procedure Law by adding a new subdivision 81 to provide the Sergeant at Arms and the Assistant Sergeants at Arms with peace officer status. However, it is provided that nothing in this subdivision shall be deemed to authorize such officer to carry, possess, repair or dispose of a firearm unless the appropriate license has been issued pursuant to Section 400.00 of the New York State Penal Law.

Existing law

Peace officer status is currently provided to various diversified uniformed security personnel, investigators, marshals, rangers, special police and crime specialists.

Justification

In light of the terrorist attacks of September 11, 2001, and the nation's continued state of heightened security at public destinations and buildings, conditions call for all security personnel to be properly trained and prepared to provide protection for the public in unusual and hazardous situations.

Currently, the Sergeant at Arms has the sole responsibility for providing security within the chambers of each house of the State Legislature. In addition, they are primarily responsible for the safety and security of all legislators and their staffs within the State Legislative Office Building and at any other Senate and Assembly site or -function at any time, as designated. On all security matters, the Sergeant at Arms acts as the liaison between both houses of the State Legislature and the State Police. On a daily basis, they are the first to respond to all complaints, such as civil disobedience, while awaiting possible State Police back-up. When the Senate or Assembly is considering more controversial bills or issues, the security conditions around the Capitol become more complicated.

Generally, the members of our Sergeant at Arms teams are professional, retired uniformed police or corrections officers. Their careers in law enforcement have provided them with invaluable practical experience. Their responsibilities and duties, as well as their extensive training in all aspects of police work (including emergency response techniques in case of fire and/or hazardous materials, crowd control, public health procedures) qualify them to be provided with peace officer status. This designation provides these dedicated employees with additional status and protection should they be placed in particularly dangerous situations.

It should be noted that by granting peace officer status, this will not automatically allow for the possession and use of firearms. The Senate Majority Leader and the Assembly Speaker shall determine how much authority is necessary to insure the safety and well being of Senate and Assembly members, our employees and the general public.

Legislative history

2007-08: S.1576. 2005-06: S.879, passed Senate in 2006. 2003-04: S.3390/A.7460

Fiscal implications

Minimal, if any.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law.