NY State Senate Bill 2009-S2673

Senate Bill S2673

2009-2010 Legislative Session

Provides that directors of in-patient facilities and hospitals shall designate safety officers to act as special policeman

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to mental health and developmental disabilities
Feb 26, 2009	referred to mental health and developmental disabilities

co-Sponsors

2009-S2673 (ACTIVE) - Details

See Assembly Version of this Bill:: A5902
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.25 & 13.25, Ment Hyg L; amd §455, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: A2268

2009-S2673 (ACTIVE) - Summary

Provides that directors of in-patient facilities and hospitals shall designate safety officers to act as special policemen.

2009-S2673 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2673

 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 :
To promote the safety of patients, staff and visitors at New York
health facilities.

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends section 7.25 of the Mental Hygiene Law to
require the Commissioner and inpatient facility directors in OMH to
designate safety officers as safety officers who would have all the
powers of a peace officer as set forth in section 2.20 of the criminal
procedure law.

Section 2 of the bill amends section 13.25 of the Mental Hygiene Law
to require the Commissioner and directors of facilities under the
jurisdiction of the Commissioner to designate safety officers as peace
officers.

Section 3 of the bill requires the director of each hospital within
the Department of Health to designate safety officers as peace
officers.

 JUSTIFICATION :
Safety officers employed by OMH, OMRDD and the Health Department
provide valuable law enforcement services to the people of New York
State. Safety officers patrol and inspect treatment facilities, handle
all safety and security issues and prevent endangerment of patients,
employees, visitors and property. Safety officers make arrests and
transport prisoners to central booking. Safety officers monitor
patients until their arraignment. Safety officers escort clients to
court for hearings. Safety officers conduct community searches for
escaped patients in New York and other states. Safety officers conduct
vehicle and traffic stops. Their designation as "special policemen"
pursuant to the provisions of the Mental Hygiene Law and the Public
Health Law affords these individuals peace officer status under the
Criminal Procedure Law. However, existing law does not mandate that
they be designated as special policemen. Rather, such designation is
discretionary. Mandating that safety officers be designated special
policemen will ensure that safety officers have the ability to utilize
their full peace officer powers while working at OMH, OMRDD or the
Department of Health, thereby creating a safer environment for
facility employees, patients and visitors. Moreover, the enactment of
this bill will promote a uniform policy with respect to the treatment
of New York's safety officers.

 LEGISLATIVE HISTORY :
2008-07:  S.927  Referred to Mental Health and Development
2006-05:  S.2700 Referred to Mental Health and Development
2004:     S.4165 Vetoed

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S2673 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2673

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by Sens. MORAHAN, PADAVAN -- 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 ASSEM-
BLY, 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 appropri-
ate 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  proce-
dure  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 traf-
fic 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.
  S 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.
                                                           LBD06678-01-9

S. 2673                             2

  (a) The commissioner and the directors of facilities under his  juris-
diction  [may] SHALL designate safety officers to act as special police-
men 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 crim-
inal  procedure  law  for  an  offense other than a felony in lieu of an
arrest.
  S 3. Section 455 of the public health law, as amended by  chapter  843
of the laws of 1980, is amended to read as follows:
  S  455. Hospitals; special policemen; powers and duties. 1. The direc-
tor 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  offi-
cers, 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  super-
sede,  on  the  grounds  and premises of such hospital, the authority of
peace or police officers of the jurisdiction within which such  hospital
is located.
  S 4. This act shall take effect immediately.

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Senate Bill S2673

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Sponsored By

Thomas P. Morahan