S T A T E   O F   N E W   Y O R K
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                                  7674

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02210-01-5
              

A. 7674                             2

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 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.