NY State Senate Bill 2017-S3853

Senate Bill S3853

2017-2018 Legislative Session

Eliminates the requirement under the security guard act of full-time employment for peace officers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to consumer protection
Jan 27, 2017	referred to consumer protection

2017-S3853 (ACTIVE) - Details

See Assembly Version of this Bill:: A10563
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §89-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4057, A6773
2015-2016: S3177, A51
2019-2020: A3932

2017-S3853 (ACTIVE) - Summary

Eliminates the requirement under the security guard act of full-time employment for peace officers.

2017-S3853 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3853

 TITLE OF BILL :

An act to amend the general business law, in relation to the
definition of the term "peace officer" as such term is used in
provisions of law relating to security guards

 PURPOSE GENERAL IDEA OF BILL :

To remove the reference to "part-time peace officer" in the Security
Guard act and allow for the ability to provide a training waiver to
peace officers whose training currently exceeds that of a security
guard.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision 14 of section 89-f of the general
business law, as amended by chapter 634 of the laws of 1994 changing
the definition of peace officer by removing the full-time employment
requirement.

Section 2 sets an immediate effective date.

 JUSTIFICATION :

Until 2009, there were different training requirements for part-time
and full-time peace officers. This change was justified by the fact
that part-time and full-time peace officers hold the same
responsibilities regardless of the hours they work, and therefore the
training requirements should be the same for both part-time and
full-time peace officers.

The Security Guard Act allows the Division of Criminal Justice
Services to issue a training waiver to a peace officer whose training
exceeds the training requirement for a security guard. Under the
current provision of law, auxiliary police, who are part-time peace
officers would not qualify for a waiver based on this definition.

This bill would remove the full-time employment requirement within the
definition of a peace officer, which would qualify auxiliary police
for a waiver from training requirements.

 PRIOR LEGISLATIVE HISTORY :

S.3177 (2015-16; Passed Senate)
S.4057-A (2013-14; Passed Senate)

 FISCAL IMPLICATIONS :

None to State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3853 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3853
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN  ACT to amend the general business law, in relation to the definition
   of the term "peace officer" as such term is used in provisions of  law
   relating to security guards

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 14 of section 89-f of the general business law,
 as amended by chapter 634 of the laws of 1994, is  amended  to  read  as
 follows:
   14.  "Peace officer" shall mean a peace officer as defined by subdivi-
 sion thirty-three of section 1.20 of the criminal procedure law, who  is
 employed  [full-time]  as  a  peace  officer  and  who  has successfully
 completed the training requirements as set forth in subdivision  one  of
 section 2.30 of such law.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03467-01-7

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