What's happening
The bill expands state-recognized law enforcement powers to all U.S. Department of Veterans Affairs police officers employed in New York.
Why it matters
Broader recognition of authority. Expanding state-recognized law enforcement powers to all U.S. Department of Veterans Affairs police officers in New York means these officers would have clearer legal standing when responding to crimes or emergencies, both on and potentially near VA properties statewide—not just at a single facility.
Improved safety and coordination. With formal state recognition, VA police can more easily coordinate with local and state law enforcement, potentially increasing overall security for veterans, staff, and visitors at VA facilities.
Consistency across facilities. This change ensures that the same legal protections and responsibilities apply to VA police officers at any VA location in New York, eliminating confusion or gaps that existed when only officers at the Batavia Medical Center were covered.
Facilitates prosecution and legal processes. When VA police exercise their authority under state law, it may streamline the process for prosecuting crimes committed on VA property, as their actions will be recognized and supported in state courts.
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Who cares
Headline styles
Expand VA Police Authority
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2897
2017-2018 Regular Sessions
IN SENATE
January 18, 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 federal law enforcement powers of police officers employed by the U.S. Department of Veterans Affairs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 21 of section 2.15 of the criminal procedure law, as added by chapter 549 of the laws of 1997, is amended to read as follows:
21. United States Department of Veterans [Administration] Affairs police officers employed [at the Veterans Administration Medical Center in Batavia] by such department in this state.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08306-01-7
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 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 (616 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
2016: S.7270 Referred to 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.