Relates to identification of retired police and peace officers and federal law enforcement officers

BILL NUMBER:S3383

Title of bill

An act to amend the executive law, in relation to the identification of retired police officers and peace officers

Purpose

Requires that the Division of Criminal Justice Services issue a statewide identification card to all retiring New York Police and Peace Officers.

Summary of provisions

Section 1 of this bill provides that this bill may be referred to as the Retired Law Enforcement Identification Act.

Section 2 of this bill amends section 845 of the Executive Law by adding two new subdivisions, 6 and 7. Subdivision 6 requires that the Department of Criminal Justice Services (DCJS) retain in the central registry of police and peace officers the names of retired police and peace officers and assign a unique personal identification number that shall be maintained in the central state registry created by this section. Subdivision 7 requires that upon being informed of a retirement of a police or peace officer the division shall issue to such a retiring officer a "Retired Law Enforcement Identification Card" and prescribes the information that will be contained on the card. Associated with such card will be a unique identification number that the DCJS shall keep in its Central State Registry of police and peace officers. The Central State Registry shall mark all retired peace and police officers as such. The state identification card shall include the name of the retiring police or peace officer, a photograph of the retiring officer, his or her date of birth, former rank or title, the agency the officer is retiring from, the unique identification number, and the year of retirement.

Section 3 of this bill amends the Executive Law by adding a new section 845-a which provides that retired Federal Law Enforcement Officers may be eligible for the "Retired Law Enforcement Identification Card" as prescribed in subdivision 7 of section 845 of the Executive Law provided that they request one via a form created by the DCJS and that DCJS is able to confirm the applicant is indeed a retired Federal Law Enforcement Officer.

Section 4 of this bill provides that this act shall be effective immediately.

Existing law

Currently, the law only provides for identification cards for retired New York State Police officers.

Justification

At this point in time there are municipalities in the State that do not issue identification cards to retiring police or peace officers.

This becomes an issue when retired police and peace officers need to provide proof of their retired status in order to comply with certain State and Federal laws. For example, the recent amendment to the New York State Safe Act provides retired law enforcement officers with an exemption to the act's high capacity magazine ban. Should a retired officer be questioned regarding his or her possession of a high capacity magazine, he or she would need to prove his or her status as a retired law enforcement officer. Retired police officers from municipalities and other organizations that employ police or peace officers that do not issue identification cards to retired officers require a form of identification in order to comply with this law and the "Retired Law Enforcement Identification Card" would meet this requirement.

Legislative history

2014: S.6146 - Passed the Senate

Fiscal implications

Minimal

Effective date

This act shall take effect immediately.