Designates Yates county court security officers and animal control officers as peace officers

This bill would designate Animal Control Officers as "peace officers" which will greatly enhance their ability to perform their responsibilities while ensuring the well-being of the community other law enforcement officers as well as the animals.

Summary of provisions

Section 1 - Subdivision 70 of section 2.10 of the criminal procedure law as added by chapter 555 of the laws of 1997 and renumbered by chapter 385 of the laws of 2000, is amended to read that employees appointed by the sheriff of Yates county pursuant to their special duties serving as marine patrol officers, court security officers or animal control officers, are authorized to carry, possess, repair or dispose of a firearm while on-duty.

Section 2 - This act shall take effect immediately.

Justification

Court Security Officers engage in crime prevention by virtue of being a visible uniformed force on fixed posts and on patrol in and around the Yates County Courthouse and County facilities. Court Security Officers are the only Peace Officers in the state with stop, question and frisk power, (Ref. CPL 140.50). Court security Officers routinely effect and assist law enforcement personnel with arrests, respond to medical emergencies, conduct crowd control, respond to all threats made against the facilities, respond to duress alarms, work with local police agencies to effect inspection of crime scenes by Judges and juries. Due to the increase in violence within our Courthouses across the State and that Court Security Officers perform duties identical to that of a Police Officer while performing their special duties has resulted in the need for Court Security Officers to carry firearms while on duty.

Court Security Officers provide judicial protection and may transport members of the judiciary to and from court facilities as well as to and from duties within the public arena. Additionally, Court Security Officers provide protection to Judges at their homes in the event of threats made against Judges.

Also, this measure should reduce costs for local governments and the State. The training accorded peace officers is less broad, less time consuming, and far less expensive than that accorded police officers.

By permitting localities to assign court security tasks to peace officers, rather than to deputy sheriffs/police officers, this measure will enable localities to save money. Moreover, since peace officers generally can be compensated at levels less than police officers, reimbursement costs to the State under the United Court Budget Act can be reduced.

This legislation is requested by the Yates County Sheriff and similar legislation within CPL. 2.10 (Sub 68; 79; 80 and 81) that has been enacted to extend peace officer status to court security officers employed by the Wayne County Sheriffs Office (Bill A03980-A), Onondaga County Sheriffs Office (Bill A06094), Lewis County Sheriffs Office (Bill A07374-A), Monroe County Sheriffs Office (Bill S01271A), Uniformed Court Officers of the United Court System (CPL. 2.10 sub. 21), Unified Court Officers outside of NYC (A03282A and S00021) and several units of local government across the State of New York.

The Animal Control Officer for the County of Yates is responsible for protecting the community from dangerous animals. In addition, the Animal Control Officer is responsible for safeguarding animals from inhuman treatment and responsible for the investigation of individuals suspected of animal cruelty in accordance with the Article 26 of the Agriculture and Markets Laws of New York State. In the enforcement of the law this designation will insure his authority to issue an appearance ticket to violators.

The County Animal Control Officer handles all animal complaints county wide and assists three law enforcement agencies (County Sheriff, NYSP and Penn Yan Police), as well as Public Health Dept. He is often exposed to other endangerment of welfare and crimes in progress thus peace officer training and certification will insure his proper response and crime prevention and law enforcement.

Furthermore, while investigating complaints of animal cruelty or dangerous animals, the Animal Control Officer often encounters combative individuals who deter the ACO from carrying out his/her assigned duties. The designation of "peace officer" will greatly enhance the ACO's ability to perform these responsibilities while ensuring the well-being of the community, other law enforcement officers as well as the animals.

This legislation is requested by the Yates County Sheriff and is similar to legislated law CPL 2.10 sub 7 (SPCA); Sub 56 (T/Brookhaven); Sub 68 (T/Arcadia), Sub 75 (T/Clarence); Sub 76 (City of Peekskill), and Sub 79 (City of Elmira) all Animal Control Officers of those respective jurisdictions.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.