Relates to adding Triborough bridge and tunnel authority peace officers to those able to conduct temporary questioning of persons

BILL NUMBER:S4699

Title of bill

An act to amend the criminal procedure law, in relation to adding Triborough bridge and tunnel authority peace officers to those able to conduct temporary questioning of persons

Purpose

To afford better protection to citizens by enhancing the role of the peace officers employed by the Triborough Bridge and Tunnel Authority ("TBTA") who work in or about facilities operated by the TBTA by includ- ing the TBTA's peace officers in the provision of the Criminal Procedure Law that permits certain peace officers to stop and frisk.

Summary of provisions

Section 1 of this bill amends Criminal Procedure Law section 140.50. Subdivisions one and two of section 140.50 are amended to make them gender neutral. Subdivision three is renumbered subdivision four and is amended to make the subdivision gender neutral and to include new subdi- vision three in the list of stops during which a TBTA peace officer may search the stopped person for a deadly weapon or article that is readily capable of causing serious physical injury and is not ordinarily carried by law abiding citizens. Finally, a new subdivision three is added to provide that when a TBTA peace officer reasonably suspects that a person is committing a misdemeanor or felony on or about TBTA facilities, such peace officer may stop such person and ask such person for his or her name, address and an explanation of his or her conduct.

Section 2 of this bill provides that this act shall take effect on the first of December next succeeding the date on which it shall have become a law.

Justification

The State has seen an increased need for public security since the unwarranted attacks on the World Trade Center on 9/11/01. Currently, officers of the TBTA are charged with protecting those bridges and tunnels in and around New York City under TBTA control, however they are not entitled to question or frisk suspects in accordance with the Crimi- nal Procedure Law. Sergeants, lieutenants and other officers of the TBTA are highly trained peace officers. This bill will enhance their capacity to protect citizens who travel the bridges and tunnels by permitting the TBTA officers to stop and question, and if necessary, frisk persons who are acting in a suspicious manner. The Bridge and Tunnel sergeants, lieutenants and other officers are most familiar with the patrons who travel these vital arteries every day. With this familiarity they are most capable of spotting unusual behavior which could lead to the mass destruction of our bridges and tunnels. To deny these officers the abil- ity to question and frisk suspicious people, puts the public at risk.

Legislative history

2011-12: S.646 - Referred to Codes 2009-10: S.2801 - Referred to Codes 2007-08: S.3725 - Referred to Codes 2005-06: S.3375 - Referred to Codes 2004: S.1191 - Referred to Codes 2003: S.1191 - 3rd Reading Calendar

Fiscal implications

None to the State

Effective date

This act shall take effect on the first of December next succeeding the date on which it shall have become a law.