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History
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to federal law enforcement powers of police officers employed by the U.S. Department of Veterans Affairs
Purpose
To update the Criminal Procedure Law in accordance with the current stat us of the US Department of Veterans Affairs.
Summary of provisions
Section 1 amends § 2.15(21) of the Criminal Procedure law by changing the US Department of Veterans Administration to the US Department of Veterans Affairs and provides that the section applies to US Department of Veterans Affairs police officers employed throughout the state, rather than limiting the section's effectiveness to those employed only at the Veterans Administration Medical Center in Batavia.
Read the full memo (613 words)
Section 2 provides the effective date.
Existing law
Article 2 of the Criminal Procedure Law pertains to Peace Officers. Section 2.15 of this Article relates to federal law enforcement officers and their powers and provides that the federal law enforcement officers enumerated in this section have the powers set forth in paragraphs (a), (b), (c), and (h) of subdivision one of the Section 2.20 of this Article. Subdivision 21 provides one of the enumerated federal law enforcement officers, "United States Department of Veterans Administration police officers employed at the Veterans Administration Medical Center in Batavia."
The powers held by federal law enforcement officers set forth in paragraphs (a), (b), (c), and (h) of subdivision one of the Section 2.20 of the Criminal Procedure Law include: the power to make warrantless arrests pursuant to law, the power to use physical force and deadly physical force in making an arrest or preventing an escape pursuant to law, the power to carry our warrantless searched whenever such searches are constitutionally permissible and acting pursuant to their special duties, and the power to possess and take custody of firearms not owned by the peace officer, of the purpose of disposing, guarding, or any other lawful purpose, consistent with his duties as a peace officer.
This legislation updates the law to reflect the change in status with passage of the Department of Veterans Affairs Act of 1988, Public Law 100-527, making the Department a Cabinet-Level agency with direct liaison with and succession to the President of the United States.
Justification
The U.S. Department of Veterans Affairs police officers-known as "VA Police"-continue to evolve to meet the current requirements of normal police operations and to threats that face the public, as well as government interest in today's world. With its force made up largely of retired or prior police officers from New York agencies and career or retired military or federal police officers, VA Police have entry qualifications and training comparable to other law enforcement agencies throughout the state.
Serving within the boundaries of a federal facility-such as a hospital, clinic or campus-VA Police often times face the same situations as other police officers in other areas throughout the state. In an effort to increase safety, these individuals should also have the same powers as other officers, including carrying over the status of "New York State Peace Officers" while traveling through, visiting off-duty or conducting official business in other police jurisdictions throughout New York State.
Currently, only VA Police assigned to the VA Police Department at Batavia receive this status, while officers assigned at other VA Police Departments throughout the state do not. Through this legislation, we can ensure all VA Police have the status necessary to respond accordingly to any dangerous situations that may arise, which in turn, will make our state a safer place.
Legislative history
New Bill.
Fiscal implications
None to the 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.