Bill Text: NY S00422 | 2019-2020 | General Assembly | Introduced

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Bill Title: Exempts certain officers of the department of correction and the department of sanitation of the city of New York from training requirements for security guards; designates correction officers of New York city as peace officers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S00422 Detail]

Download: New_York-2019-S00422-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           422
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general  business  law,  in  relation  to  exempting
          certain  officers  of  the departments of correction and sanitation of
          the city of New York from training requirements for  security  guards;
          and  to  amend  the criminal procedure law, in relation to designating
          correction officers of New York city as peace officers
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs a, f and g of subdivision 4 of section 89-n of
     2  the general business law, paragraphs a and f as amended and paragraph  g
     3  as added by chapter 221 of the laws of 2003, are amended and a new para-
     4  graph h is added to read as follows:
     5    a. a correction officer of any state correctional facility or a member
     6  of  the  uniformed  correction  force of the New York city department of
     7  correction having the powers of a peace officer pursuant to  subdivision
     8  twenty-five of section 2.10 of the criminal procedure law;
     9    f.  a police officer as defined in paragraphs (a), (b), (c), (d), (e),
    10  (f), (j), (k), (l), (o) and (p) of subdivision  thirty-four  of  section
    11  1.20  of  the  criminal  procedure  law  who  has been retired from such
    12  employment for a period not to exceed ten years, provided, however, that
    13  a retired police officer who has been retired from such employment for a
    14  period in excess of ten years shall be required to provide proof to  his
    15  or  her security guard employer of his or her satisfactory completion of
    16  an eight hour annual in-service training course approved by the  commis-
    17  sioner, and provided further, however, that a retired police officer who
    18  will  be  required  by  his  or  her  security guard employer to carry a
    19  firearm or will be authorized to have access to a firearm shall  provide
    20  to  such  employer  proof  of  his  or  her satisfactory completion of a
    21  forty-seven hour firearms training course approved by  the  commissioner
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05305-01-9
        S. 422                              2
     1  and,  if such firearms training course has not been completed within one
     2  year prior to such employment, satisfactory completion of an  additional
     3  eight  hour  annual  firearms in-service training course approved by the
     4  commissioner,  such  training  course to be completed at least annually;
     5  [or]
     6    g. a peace officer as defined in subdivisions two, twenty and  twenty-
     7  five and paragraphs a and b of subdivision twenty-one of section 2.10 of
     8  the criminal procedure law who has been retired from such employment for
     9  a  period  not  to  exceed  ten years, provided, however, that a retired
    10  peace officer who has been retired from such employment for a period  in
    11  excess  of  ten  years  shall be required to provide proof to his or her
    12  security guard employer of his or  her  satisfactory  completion  of  an
    13  eight  hour  annual in-service training course approved by the municipal
    14  police training council, and provided further, however, that  a  retired
    15  peace officer who will be required by his or her security guard employer
    16  to  carry  a  firearm  or will be authorized to have access to a firearm
    17  shall provide  to  such  employer  proof  of  his  or  her  satisfactory
    18  completion  of  a  forty-seven hour firearms training course approved by
    19  the municipal police training council and,  if  such  firearms  training
    20  course  has  not  been  completed  within  one year prior to employment,
    21  satisfactory completion of an  additional  eight  hour  annual  firearms
    22  in-service  training  course  approved  by the municipal police training
    23  council, such training course to be completed at least annually[.]; or
    24    h. an officer or member of the sanitation police of the department  of
    25  sanitation  of the city of New York having the powers of a peace officer
    26  pursuant to subdivision fifty-nine  of  section  2.10  of  the  criminal
    27  procedure law.
    28    § 2.  Subdivision 25 of section 2.10 of the criminal procedure law, as
    29  amended  by  section 70 of subpart B of part C of chapter 62 of the laws
    30  of 2011, is amended to read as follows:
    31    25. Officials, as designated by the commissioner of the department  of
    32  corrections  and  community supervision pursuant to rules of the depart-
    33  ment, and correction officers of any state or New York city correctional
    34  facility or of any penal correctional institution.
    35    § 3. This act shall take effect immediately.