What's happening
This bill requires the designation of safety officers as peace officers in mental health facilities and hospitals, expanding their authority.
Why it matters
Mandates (instead of allows) the appointment of safety officers as peace officers. in mental health facilities and hospitals, shifting from optional to required designation. This could standardize safety protocols and enforcement presence across all such institutions.
Expands the authority of safety officers. by removing language that previously limited their peace officer powers to duties “in or arising out of the course of their employment” or “on the grounds and premises.” This broadens when and where they can exercise these powers, potentially increasing their ability to respond to incidents both on- and off-site.
Empowers safety officers to issue appearance tickets and handle minor offenses. , including traffic infractions, which may streamline minor law enforcement matters within facilities, reducing the need to involve outside police for lower-level incidents.
Clarifies that local police retain overarching authority. on hospital grounds, ensuring that the enhanced powers for safety officers do not override or conflict with the jurisdiction of municipal law enforcement, which could help manage inter-agency boundaries and responsibilities.
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Who cares
Headline styles
Expand Safety Officers' Powers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.400
- Referred to mental health and developmental disabilities
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.238
- Referred to mental health and developmental disabilities
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.
Expand Safety Officer Powers
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
247
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law and the public health law, in relation to peace officer powers of safety officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (a) of section 7.25 of the mental hygiene law, as amended by chapter 22 of the laws of 1984, is amended to read as follows:
(a) The commissioner and the directors of in-patient facilities in the office of mental health [may] shall designate safety officers to act as special policemen whose duty it shall be, under orders of the appropriate officer, to preserve peace and good order in facilities of such office and to fully protect the grounds, buildings, and patients. Such safety officers [acting as special policemen] shall possess all the powers of peace officers, as set forth in section 2.20 of the criminal procedure law[, while performing duties in or arising out of the course of their employment]. Such peace officers when acting pursuant to their special duties may issue and serve a simplified traffic information and appearance ticket, in the form prescribed by the commissioner of motor vehicles pursuant to section two hundred seven of the vehicle and traffic law, upon a person when he has reasonable cause to believe that such person has committed a traffic infraction in his presence, and shall have the power to issue and serve an appearance ticket as defined in section 150.10 of the criminal procedure law for an offense other than a felony in lieu of an arrest.
§ 2. Subdivision (a) of section 13.25 of the mental hygiene law, as amended by chapter 969 of the laws of 1983, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03872-01-7
S. 247 2
(a) The commissioner and the directors of facilities under his jurisdiction [may] shall designate safety officers to act as special policemen whose duty it shall be, under orders of the appropriate officer, to preserve peace and good order in such facilities and to fully protect the grounds, buildings, and patients. Such safety officers [acting as special policemen] shall possess all the powers of peace officers, as set forth in section 2.20 of the criminal procedure law[, while performing duties in or arising out of the course of their employment]. Such peace officers when acting pursuant to their special duties may issue and serve a simplified traffic information and appearance ticket, in the form prescribed by the commissioner of motor vehicles pursuant to section two hundred seven of the vehicle and traffic law, upon a person when he has reasonable cause to believe that such person has committed a traffic infraction in his presence, and shall have the power to issue and serve an appearance ticket as defined in section 150.10 of the criminal procedure law for an offense other than a felony in lieu of an arrest.
§ 3. Section 455 of the public health law, as amended by chapter 843 of the laws of 1980, is amended to read as follows:
§ 455. Hospitals; special policemen; powers and duties. 1. The director of each hospital in the department [may] shall designate [attendants or other employees] safety officers to act as special policemen whose duty it shall be under the orders of the director to protect the grounds, buildings and patients of the hospital and to eject therefrom disorderly persons. Such [attendants and employees, acting as special policemen,] safety officers shall possess all the powers of peace officers, as set forth in section 2.20 of the criminal procedure law[, on the grounds and premises].
2. The designation of such [attendants and employees] safety officers as special policemen in pursuance hereof, shall not be deemed to supersede, on the grounds and premises of such hospital, the authority of peace or police officers of the jurisdiction within which such hospital is located.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law and the public health law, in relation to peace officer powers of safety officers
Purpose or general idea of bill
Provides that certain mental hygiene and department of health safety officers possess all peace officer powers.
Summary of specific provisions
Section 1. Subdivision (a) of section 7.25 of the mental hygiene law as amended by chapter 22 of the laws of 1984 is amended to require that safety officers employed at the Office of Mental Health in-patient facilities to be designated as peace officers.
Section 2. Subdivision (a) of section 13.25 of the mental hygiene law as amended by chapter 969 of the laws of 1983 is amended to require that safety officers employed at OPWDD facilities will be designated as peace officers.
Section 3. Section 455 of the public health law as amended by chapter 643 of the laws of 1980 is amended to designate safety officers employed at Department of Health hospitals as peace officers.
Section 4. Effective date.
Justification
New York State's safety officers work for the Office of Mental Health and the Office of People with Developmental Disabilities. Safety officers patrol and inspect treatment facilities handling all safety and security issues and prevent endangerment of patients and persons with disabilities, employees, visitors and property. The safety officers are also charged with fire protection duties.
Like other law enforcement personnel, peace officer status should be provided to them on a full time basis. There is no justification to limit peace officer status to only their course of employment. Safety officers are fully qualified and trained as peace officers.
Prior legislative history
S.7440/A.10231- Passed the Senate: Referred to Assembly Codes A.11205 of 2000 A.10005 of 2002 A.5505 of 2003. S5225. Referred to Codes. S. 3628 of 2015/2016; Advanced to Third Reading
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.