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S541Senate2011-2012 SessionSame asA478

Relates to powers of certain federal law enforcement officers

Sponsor Jeffrey D. KleinSD-34+2 co-sponsorsAffects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A478

What's happening

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Who cares

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Sponsors

Primary sponsor
Jeffrey D. Klein

Senator · Senate District 34

Chair, Alcoholism And Drug Abuse

History

  1. Substituted by A478A
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1089
  5. Reported and committed to finance
  6. Print number 541a
  7. Amend (t) and recommit to codes
  8. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A478Assembly

Relates to powers of certain federal law enforcement officers

Signed by Governor · Sponsor Rory Lancman

Signed into law

Full text

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

Sponsor's memo

BILL NUMBER:S541A

Title of bill

An act to amend the criminal procedure law, in relation to powers of certain federal law enforcement officers

Purpose

To reaffirm that law enforcement security officers, criminal investigators and police officers 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: Amends Criminal Procedure Law section 2.15 (6) to provide that law enforcement security officers, criminal investigators and police officers of the Federal Protective Service clearly retain the powers of a peace officer as enumerated in section 2.20 of the Criminal Procedure Law."

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 provide protection to the more than 9,000 facilities, owned and leased by the General Services Administration of the Federal Government, including many high profile federal facilities across New York State. Under CPL section 2.15(3) the Federal Protective Service was granted the powers of peace officers 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 their powers are no longer clearly delineated in statute.

This bill amends Subdivision (6) to clearly include the officers within the Federal Protective Service, now under the U.S. Department of Homeland Security, and clearly reaffirm the powers that they possessed under other Federal agencies. Examples of other Federal law enforcement officials that have these powers include members of the FBI, Secret Service, U.S. Marshals, U.S. Postal Service police officers and inspectors, and the Internal Revenue Service. As with these other branches, these officers are part of a highly trained unit that should have the same power as the above named law enforcement agencies.

Legislative history

A.7115 (2010).

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.