BILL NUMBER:  S1405

 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 providing peace officer status to trained personnel of
the Physical Security Organization of a nuclear facility licensed by
the United States Nuclear Regulatory Commission responsible for
maintaining safeguards and protection pursuant to the licensee's
security plan.

Section 2 is the effective date.

 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,
again pursuant to federal law, must undergo, qualify, and periodically
re-qualify, under the highest level of federally established military
and law enforcement training and education. This includes training for
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 warrant
less 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. The provision 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 therefore has been issued pursuant to section
400.00 of the penal law. With this legislation, 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 :

2009-2010: S.5213-A - Passed Senate / A.10134-A - Referred to codes
2011-2012: S.3825 - Passed the Senate / A.440 - Referred to Codes

2013-2014: S.5425 - Referred to Codes / A.8640 - Held for
consideration in codes
2015-2016: S.3104 Passed the Senate/A.5549 - Held for Consideration in
Codes.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.