What's happening
This bill designates trained security personnel at nuclear facilities as peace officers when performing their official duties, with firearm restrictions.
Why it matters
Expands Peace Officer Powers. By designating trained nuclear facility security staff as peace officers, the bill grants them legal authority to intervene more effectively in security incidents, including detaining individuals or responding to threats within the facility.
Enhances Nuclear Facility Security. This change recognizes the unique security challenges at nuclear plants, potentially improving facility preparedness and response to intrusions, sabotage attempts, or other emergencies that could have regional or national consequences.
Maintains Firearm Oversight. The bill restricts firearm possession to those with a valid license, ensuring that only properly vetted and trained personnel can be armed, balancing enhanced security with public safety concerns about firearms at sensitive sites.
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Who cares
Headline styles
Give Nuclear Guards Police Powers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Give Nuclear Guards Police Powers
In Assembly Committee · Codes · Sponsor William A. Barclay
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1405
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to persons designated as peace officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 14 to read as follows:
14. Trained personnel of the Physical Security Organization of a nuclear facility licensed by the United States Nuclear Regulatory Commission responsible for maintaining safeguards and protection pursuant to the licensee's security plan when acting pursuant to their special duties in matters relating to maintaining such safeguards and protections; provided, however that nothing in this subdivision shall be deemed to authorize such officer to carry, possess, repair or dispose of a firearm unless the appropriate license therefor has been issued pursuant to section 400.00 of the penal law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05493-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to persons designated as peace officers
Purpose
To provide peace officer status to the trained personnel of the physical security organization of a nuclear facility.
Summary
Section 1 adds a new Subdivision 14 to Section 2.10 of the Criminal Procedure Law providing peace officer status to trained personnel of the Physical Security Organization of a nuclear facility licensed by the United States Nuclear Regulatory Commission responsible for maintaining safeguards and protection pursuant to the licensee's security plan.
Section 2 is the effective date.
Justification
The United States Nuclear Regulatory Commission regulates and licenses all nuclear facilities and power plants in New York State. In order to attain a license or renewal of a license, such facilities and power plants, pursuant to federal law, must maintain a physical security organization. The personnel of such physical security organization, again pursuant to federal law, must undergo, qualify, and periodically re-qualify, under the highest level of federally established military and law enforcement training and education. This includes training for all types of tactics and firearms. The United States Nuclear Regulatory Commission holds these personnel and their facilities to the highest standards, and the license of the regulated facility is dependent upon the ability of such personnel to meet and excel at the level of other federal law enforcement entities.
Section 2.10 of the criminal procedure law provides a list of over 70 types of employees designated as peace officers, ranging from probation officers and park rangers to employees of the insurance fraud bureau. As a peace officer, these individuals may make warrant less arrests, use physical force to make arrests and issue appearance tickets in accordance with the law.
However, current law disregards the high level of training, professionalism, and respect for the personnel of a physical security organization of a nuclear power facility by excluding them.
This bill adds a new subdivision to the section of law which designates different employees as peace officers in order to accommodate personnel of a physical security organization of a nuclear Power facility. The provision applies only when the trained personnel are acting pursuant to their special duties in matters relating to maintaining such safeguards and protections. The bill also specifies that nothing in the new subdivision shall be deemed to authorize such officer to carry, possess, repair or dispose of a firearm unless the appropriate license therefore has been issued pursuant to section 400.00 of the penal law. With this legislation, the highly trained and respected men and women who keep our nuclear power facilities secure will finally be recognized as peace officers under the law.
Legislative history
2009-2010: S.5213-A - Passed Senate / A.10134-A - Referred to codes 2011-2012: S.3825 - Passed the Senate / A.440 - Referred to Codes
2013-2014: S.5425 - Referred to Codes / A.8640 - Held for consideration in codes 2015-2016: S.3104 Passed the Senate/A.5549 - Held for Consideration in Codes.
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.