Relates to granting peace officer status to certain designated employees of the Richmond county public administrator's office

2 Co-sponsors

• Diane J. Savino
• Jeffrey D. Klein

BILL NUMBER:S4443B

Title of bill

An act to amend the criminal procedure law, in relation to granting peace officer status to certain designated employees of the Richmond county public administrator's office

Purpose

This bill would provide for the designation of certain employees of the Richmond county public administrators office as peace officers.

Summary of provisions

Section 1. The legislature hereby finds that in order to promote public safety and the safety of peace officers that the chief investigator of the office of the Richmond county public administrator shall be authorized to exercise the powers of peace officers.

Section 2. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 83 to read as follows: 83. The chief investigator of the office of the Richmond county public administrator; provided that such chief investigator shall be limited to the following powers of a peace officer, as which powers are defined in section 2.20 of this article.

a). to carry, posses, repair or dispose of a firearm; b). the power to make warrantless arrests pursuant to section 140.25 of this chapter, and c). the power to use physical force and deadly physical force in making an arrest or preventing an escape pursuant to section 35.50 of the penal law.

Section 3. This act shall take effect immediately.

Justification

The legislation is being amended to allow limited powers only to Chief Investigators of the Public Administrators office.

The Public Administrator's primary job is to administer estates that would otherwise remain unadministered, to protect the decedent's property from loss or theft, make appropriate burial arrangements when no close relative is available to make the decisions, conduct thorough investigations to discover all assets, liquidate assets at public sale and distribute assets to heirs, pay the decedent's bills and taxes, and to find persons entitled to inherit from the estate and to make sure that the legal distributes receive their inheritance.

In the original version of this bill, the designation of peace officers was applied to certain employees of the Richmond County public administrators. This has now been changed to reflect only

chief investigators of the Public Administrators office. Furthermore, it will allow that individual to make warrantless arrests, possess a firearm and use physical force. These last points are very important because they ensure the safety and well being of the officer who may sometimes enter a threatening situation and not have police assistance readily available.

Legislative history

2004: A.10515/S.7262 - Referred to Codes 2006: A.3785A/S.1687A - Reported, Advanced to Third Reading

Fiscal implications

None.

Local fiscal implications

None.

Effective date

The act shall take effect immediately.