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S92Senate2013-2014 Session

Designates certain persons appointed by a county sheriff's office as peace officers

Sponsor Patrick M. GallivanSD-59Affects Legal
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

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In committee · Rules

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

No co-sponsors yet.

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.568
  5. Referred to codes
  6. Print number 92a
  7. Amend (t) and recommit to codes
  8. Referred to codes

Full text

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

Sponsor's memo

BILL NUMBER:S92A

Title of bill

An act to amend the criminal procedure law, in relation to designating certain persons appointed by a county sheriff's office as peace officers

Purpose

To grant peace officer status to certain qualified appointees of a county sheriffs office.

Summary of provisions

Section 1. Adds specialized uniformed appointees of a county sheriff's office who have completed the peace officer training to the definition of peace officer.

Section 2. This act shall take effect immediately.

Justification

In sheriffs' offices all throughout the state, there are certain part-time deputies that do not have peace officer powers pursuant to Criminal Procedure Law § 2.20. These part-time deputies carry out the same duties as other full-time deputies but do not have all the necessary powers of peace officers.

The sole impediment to their status as peace officers is that they are not listed explicitly in Criminal Procedure Law § 2.10, the section of law that defines peace officers. Many part-time deputies already satisfy the peace officer training requirements of Criminal Procedure Law § 2.30. The part-time deputies in counties such as Erie have completed all of the 99 hours of coursework as set forth by the Municipal Police Training Council. The coursework includes instruction in preliminary investigation, information development, arrest techniques, interpersonal skills, firearm safety, criminal procedure law, and ethical awareness among other subject areas. This bill would in no way by itself authorize a part-time deputy from using, carrying, or disposing of a firearm. The deputy would still have to be licensed pursuant to Penal Law § 400.00

This approach to peace officer definition moves beyond the piecemeal approach that has been used in previous years. Any uniformed appointee of a sheriffs office who has undergone the required training and carries out law enforcement duties in a specialized function should be eligible for peace officer status.

Legislative history

2011-12: S.7249/A.10645 Passed Senate/Referred to Codes

Fiscal implications

None to state.

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.