BILL NUMBER:S5425

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to persons designated as peace officers

PURPOSE:  To provide peace officer status to the trained personnel of
the physical security organization of a nuclear facility.

SUMMARY:

Section 1 adds a new Subdivision 14 to Section 2.10 of the Criminal
Procedure Law in order to include trained personnel of the Physical
Security Organization of a nuclear facility licensed by the United
States Nuclear Regulatory Commission responsible for maintaining
safe-guards and protection pursuant to the licensee's security plan.
It applies only when the trained personnel are acting pursuant to
their special duties in matters relating to maintaining such
safeguards and protections. The bill also specifies that nothing in
the new subdivision shall be deemed to authorize such officer to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the
penal law.

Section 2 states this act shall take effect immediately.

JUSTIFICATION:  The United States Nuclear Regulatory Commission
              

regulates and licenses all nuclear facilities and power plants in New
York State. In order to attain a license or renewal of a license, such
facilities and power plants, pursuant to federal law, must maintain a
physical security organization. The personnel of such physical
security organization, pursuant to federal law, must undergo, qualify
and periodically re-qualify, to the highest level of federally
established military and law enforcement training and education,
including all types of tactics and firearms. The United States Nuclear
Regulatory Commission holds these personnel and their facilities to
the highest standards, and the license of the regulated facility is
dependent upon the ability of such personnel to meet and excel at the
level of other federal law enforcement entities.

Section 2.10 of the criminal procedure law provides a list of over 70
types of employees designated as peace officers, ranging from
probation officers and park rangers to employees of the insurance
fraud bureau. As a peace officer, these individuals may make
warrantless arrests, use physical force to make arrests and issue
appearance tickets in accordance with the law. However, current law
disregards the high level of training, professionalism, and respect
for the personnel of a physical security organization of a nuclear
power facility by excluding them.

This bill adds a new subdivision to the section of law which
designates different employees as peace officers in order to
accommodate personnel of a physical security organization of a nuclear
Power facility. With this bill, the highly trained and respected men
and women who keep our nuclear power facilities secure will finally be
recognized as peace officers under the law.


LEGISLATIVE HISTORY:  2009: S.5213 - Referred to Codes 2010: S.5213-A
- Passed Senate 2011: S.3825 - Passed the Senate 2012: S.3825 - Passed
the Senate

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:  This act shall take effect immediately.