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History
- Referred to codes
- Delivered to assembly
- Passed senateVote 55–5
- Advanced to third reading
- 2nd report cal.
- 1st report cal.873
- 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.
Relates to including members of the fire investigation unit of any city fire department as peace officers
In Assembly Committee · Codes · Sponsor John McEneny
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S6916
Title of bill
An act to amend the criminal procedure law, in relation to including members of the fire investigation unit of any city fire department as peace officers
Purpose
To improve the ability of cities to investigate and solve arson crimes.
Summary of provisions
Amends Subdivision 51 of Section 2.10 of the Criminal Procedure Law to allow officers and members of a fire investigation division of a city fire department to be designated as peace officers.
Existing law
Section 2.10(51) of the Criminal Procedure Law currently designates officers and members of the fire investigation divisions of the cities of Rochester, Binghamton and Utica as peace officers. Subdivisions 28, 44 and 75 provide similar designation for the cities of New York and Buffalo. Subdivision 79 designates members of the arson investigation bureau and fire inspection bureau of the NYS Office of Fire Prevention and Control as peace officers.
Justification
This bill will help cities throughout New York State combat the problem of arson. By allowing cities to designate certain fire personnel as peace officers, this legislation will enable cities to utilize the expertise and skills of fire department investigators to address this dangerous crime.
Peace officer designation will provide these personnel with valuable powers that will greatly assist in the investigation of arson, such as the necessary legal authority to secure evidence, interview and take statements from witnesses, obtain relevant insurance records and finan- cial information, and assist in criminal prosecutions.
The Legislature has previously granted peace officer status to fire department investigators in some specific cities. However, over the past couple of years, these types of local peace officer requests -- covering a variety of purposes and personnel -- have been vetoed by the Execu- tive. Instead, the Governor has expressed a preference for extending such powers, where appropriate, to specific categories of employees on a statewide basis, rather than on a municipal by municipal case.
This bill takes such an approach and would generally authorize all cities to determine whether to designate certain fire department person- nel as peace officers. The bill recognizes that cities face particular needs and challenges. Properties in cities are frequently the target of arson, and urban police forces face numerous demands and have limited resources to devote to these types of cases. However, cities do have
professional firefighter departments that can help investigate and solve these crimes. Fire department investigators have extensive experience with fire and can greatly contribute to addressing the problem of arson.
Fiscal implications
None.
Local fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.