S T A T E O F N E W Y O R K
________________________________________________________________________
7440
I N S E N A T E
May 17, 2012
___________
Introduced by Sen. McDONALD -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental 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
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 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:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15782-01-2
S. 7440 2
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 perform-
ing 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.