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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 26, 2018 |
referred to codes |
Senate Bill S7581
2017-2018 Legislative Session
Relates to persons designated as peace officers; repealer
download bill text pdfSponsored By
(R, C, IP) 54th Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
co-Sponsors
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
(D) Senate District
(R, C, IP) Senate District
(R, C, G, IP, SC) Senate District
(R, C, IP) Senate District
(D, IP) Senate District
2017-S7581 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Rpld §§2.10 & 2.16, add §2.10, amd §1.20, CP L; amd §105, ABC L; amd §§10-131, 11-4021, 11-4023, 11-4024, 12-121 & 17-182, NYC Ad Cd; amd §120, Cor L; amd §§50-a, 50-d & 50-e, Civ Rts L; amd §§130 & 209, Civ Serv L; amd §156-c, Exec L; amd §89-n, Gen Bus L; amd §1299-e, Pub Auth L; amd §1399-ll, Pub Health L; amd §3-b, Pub Off L; amd §§10.00, 125.26, 125.27 & 400.00, Pen L; amd §§1815, 1845, 1846, 1846-a, 1847 & 1848, Tax L; amd §47, Work Comp L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S155
2021-2022: S2647
2017-S7581 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7581
SPONSOR: HELMING
TITLE OF BILL: An act to amend the criminal procedure law, the alco-
holic beverage control law, the administrative code of the city of New
York, the correction law, the civil rights law, the civil service law,
the executive law, the general business law, the public authorities law,
the public health law, the public officers law, the penal law, the tax
law and the workers' compensation law, in relation to peace officers;
and to repeal certain provisions of the criminal procedure law relating
thereto
PURPOSE:
This legislation would create statewide process for determining which
officials may be granted peace officer status.
SUMMARY OF PROVISIONS:
Section 1 amends the Criminal Procedure Law to designate various classes
of persons as peace officers. This includes, but is not limited to,
parole and warrant officers, probation officers, officials of the Department of Corrections and Community Supervision, uniformed court officers, constables, harbor masters, fire inspectors and marshalls, those employed by a college, university, sheriff or police department as members of the security force of a college or university, the welfare inspector general, the workers' compensation fraud inspector general, parks, recreation or forest rangers and special policemen. Sections 2 through 32 amend coordinating sections of law to make conforming changes. Section 32 establishes an effective date of 180 days after it shall become law. JUSTIFICATION: In past years, the Governor has vetoed bills that would grant peace officer status to various officials. In his veto memos, he has recom- mended that the Legislature create a comprehensive process for determin- ing which categories of officials, on a statewide basis, should be granted peace officer status. This legislation, drafted by the DCJS, is a blanket wide bill designed to address the state's needs. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: Immediately.
2017-S7581 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7581
I N S E N A T E
January 26, 2018
___________
Introduced by Sen. HELMING -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, the alcoholic beverage
control law, the administrative code of the city of New York, the
correction law, the civil rights law, the civil service law, the exec-
utive law, the general business law, the public authorities law, the
public health law, the public officers law, the penal law, the tax law
and the workers' compensation law, in relation to peace officers; and
to repeal certain provisions of the criminal procedure law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 2.10 and 2.16 of the criminal procedure law are
REPEALED and a new section 2.10 is added to read as follows:
§ 2.10 PERSONS DESIGNATED AS PEACE OFFICERS.
1. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
OR CHARTER TO THE CONTRARY, THE FOLLOWING PERSONS SHALL HAVE THE POWERS
OF, AND SHALL BE PEACE OFFICERS AND SHALL HAVE THE AUTHORITY TO CARRY,
POSSESS, REPAIR, OR DISPOSE OF A FIREARM WITHOUT AN APPROPRIATE LICENSE
THEREFOR ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW, AND
PROVIDED THAT SUCH PERSON SHALL EXERCISE THE POWERS OF A PEACE OFFICER
ONLY WHEN HE OR SHE IS ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES:
(A) PAROLE OFFICERS AND WARRANT OFFICERS.
(A-1) PAROLE REVOCATION SPECIALISTS.
(B) PROBATION OFFICERS.
(C) OFFICIALS OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION AND CORRECTION OFFICERS OF ANY STATE CORRECTIONAL FACILITY,
APPOINTED AND DESIGNATED BY THE COMMISSIONER AS A PEACE OFFICER;
CORRECTION OFFICERS OF ANY PENAL CORRECTIONAL INSTITUTION APPOINTED AND
DESIGNATED BY THE SHERIFF OF A COUNTY AS A PEACE OFFICER; AND CELL BLOCK
ATTENDANTS EMPLOYED BY A POLICE DEPARTMENT APPOINTED AND DESIGNATED BY
THE HEAD OF A POLICE DEPARTMENT AS A PEACE OFFICER.
(D) UNIFORMED COURT OFFICERS, COURT CLERKS, MARSHALLS, AND DEPUTY
MARSHALLS OF THE UNIFIED COURT SYSTEM; COURT SECURITY OFFICERS, MARS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD18313-01-8
S. 7581 2
HALLS OR COURT ATTENDANTS APPOINTED AND DESIGNATED AS PEACE OFFICERS BY
A CITY, TOWN, VILLAGE OR SHERIFF.
(E) BRIDGE AND TUNNEL OFFICERS, SERGEANTS AND LIEUTENANTS OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
(F) THE SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFFS OF THE CITY OF NEW
YORK AND SWORN OFFICERS OF THE WESTCHESTER COUNTY DEPARTMENT OF PUBLIC
SAFETY SERVICES APPOINTED AFTER JANUARY THIRTY-FIRST, NINETEEN HUNDRED
EIGHTY-THREE TO THE TITLE OF PUBLIC SAFETY OFFICER AND WHO PERFORMS THE
FUNCTIONS PREVIOUSLY PERFORMED BY A WESTCHESTER COUNTY DEPUTY SHERIFF ON
OR PRIOR TO SUCH DATE.
2. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
OR CHARTER TO THE CONTRARY, THE FOLLOWING PERSONS SHALL HAVE THE POWERS
OF, AND SHALL BE PEACE OFFICERS, PROVIDED HOWEVER THAT NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFICERS 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
UNLESS SUCH PERSON WAS APPOINTED PRIOR TO THE EFFECTIVE DATE OF THIS
ACT, AND PROVIDED THAT SUCH PERSON SHALL EXERCISE THE POWERS OF A PEACE
OFFICER ONLY WHEN HE OR SHE IS ACTING PURSUANT TO HIS OR HER SPECIAL
DUTIES:
(A) CONSTABLES OR POLICE CONSTABLES OF A TOWN OR VILLAGE, PROVIDED
SUCH DESIGNATION IS NOT INCONSISTENT WITH LOCAL LAW AND APPOINTED AND
DESIGNATED BY THE TOWN OR VILLAGE AS PEACE OFFICERS.
(B) BAY CONSTABLES OF THE VILLAGE OF MAMARONECK AND THE TOWNS OF HEMP-
STEAD, OYSTER BAY, SOUTH HAMPTON, NORTH HEMPSTEAD AND ISLIP WHO PRIOR TO
APRIL THIRD, NINETEEN HUNDRED NINETY-EIGHT SERVED AS HARBORMASTER FOR
SUCH TOWN AND WHOSE POSITION WAS RECLASSIFIED AS BAY CONSTABLE FOR SUCH
TOWN PRIOR TO SUCH DATE, APPOINTED AND DESIGNATED BY THE TOWN AS PEACE
OFFICERS.
(C) HARBOR MASTERS APPOINTED AND DESIGNATED BY A COUNTY, CITY, TOWN OR
VILLAGE AS PEACE OFFICERS.
(D) OFFICERS OR AGENTS OF A DULY INCORPORATED SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS.
(E) PERSONS EMPLOYED BY A STATE OR COUNTY OR POLITICAL SUBDIVISION OF
THE STATE OR COUNTY ASSIGNED TO THE INVESTIGATION AND ENFORCEMENT OF ANY
CRIMINAL OR TAX LAW AND DESIGNATED BY THE STATE OR COUNTY SUBDIVISION AS
A PEACE OFFICER.
(F) UNIFORMED HOUSING GUARDS OF THE BUFFALO MUNICIPAL HOUSING AUTHORI-
TY.
(G) PERSONS APPOINTED AND DESIGNATED AS PEACE OFFICERS BY THE NIAGARA
FRONTIER TRANSPORTATION AUTHORITY, PURSUANT TO SUBDIVISION THIRTEEN OF
SECTION TWELVE HUNDRED NINETY-NINE-E OF THE PUBLIC AUTHORITIES LAW.
3. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
OR CHARTER TO THE CONTRARY, THE FOLLOWING PERSONS SHALL HAVE THE POWERS
OF, AND SHALL BE PEACE OFFICERS PROVIDED HOWEVER THAT NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFICERS 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 AND
THE EMPLOYER HAS AUTHORIZED SUCH OFFICER TO POSSESS A FIREARM DURING ANY
PHASE OF THE OFFICER'S ON-DUTY EMPLOYMENT AND PROVIDED THAT SUCH PERSON
SHALL EXERCISE THE POWERS OF A PEACE OFFICER ONLY WHEN HE OR SHE IS
ACTING PURSUANT TO HIS SPECIAL DUTIES:
(A) SUPERVISING FIRE INSPECTORS, FIRE INSPECTORS, FIRE MARSHALLS,
CHIEF FIRE MARSHALLS, AND ASSISTANT FIRE MARSHALLS, FIRE PREVENTION
EMPLOYEES, FIRE INVESTIGATORS EMPLOYED BY AND APPOINTED AND DESIGNATED
AS A PEACE OFFICER BY THE STATE, A COUNTY, CITY, OR A POLITICAL SUBDIVI-
S. 7581 3
SION OF THE STATE, COUNTY OR CITY OR A FIRE DEPARTMENT WHEN ACTING
PURSUANT TO THEIR SPECIAL DUTIES IN MATTERS ARISING UNDER THE LAWS
RELATING TO FIRES, THE EXTINGUISHMENT THEREOF AND FIRE PERILS.
(B) PERSONS EMPLOYED BY A COLLEGE, UNIVERSITY, SHERIFF OR POLICE
DEPARTMENT AS MEMBERS OF THE SECURITY FORCE OF SUCH COLLEGE OR UNIVERSI-
TY FOR THE PROTECTION OF GROUNDS, BUILDINGS, AND PROPERTY, THE
PREVENTION OF CRIME AND ENFORCEMENT OF LAW AND ORDER AND THE ENFORCEMENT
OF SUCH RULES AND REGULATIONS OF SUCH COLLEGE OR UNIVERSITY WHEN DESIG-
NATED BY THE COLLEGE OR UNIVERSITY AS A PEACE OFFICER. THE GEOGRAPHIC
AREA OF EMPLOYMENT FOR PEACE OFFICERS EMPLOYED BY THE UNIVERSITY OF
ROCHESTER SHALL INCLUDE ANY PUBLIC STREET AND SIDEWALK THAT ABUTS THE
GROUNDS, BUILDINGS OR PROPERTY OF SUCH UNIVERSITY. SPECIAL DEPUTY SHER-
IFFS APPOINTED BY THE SHERIFF OF TOMPKINS COUNTY FOR THE PROTECTION OF
THE GROUNDS, BUILDINGS AND PROPERTY OF ITHACA COLLEGE MAY, WHEN
REQUESTED BY THE SHERIFF, PROVIDE ASSISTANCE ON ANY PUBLIC HIGHWAY WHICH
CROSSES OR ADJOINS SUCH PROPERTY. SYRACUSE UNIVERSITY PEACE OFFICERS
APPOINTED BY THE CHIEF LAW ENFORCEMENT OFFICER OF THE CITY OF SYRACUSE
FOR THE PROTECTION OF THE GROUNDS, BUILDINGS AND PROPERTY OF SYRACUSE
UNIVERSITY MAY, WHEN REQUESTED BY THE CHIEF LAW ENFORCEMENT OFFICER OF
THE CITY OF SYRACUSE OR HIS OR HER DESIGNEE, INCLUDING BY MEANS OF WRIT-
TEN PROTOCOLS AGREED TO BY THE CHIEF LAW ENFORCEMENT OFFICER OF THE CITY
OF SYRACUSE AND SYRACUSE UNIVERSITY, PROVIDE ASSISTANCE ON ANY PUBLIC
HIGHWAY WHICH CROSSES OR ADJOINS SUCH GROUNDS OR PREMISES. NOTHING IN
THIS PARAGRAPH SHALL BE DEEMED TO LIMIT ANY OF THE SPECIFIC TRAINING
REQUIREMENTS SET FORTH IN THE EDUCATION LAW.
(C) PAROLE REVOCATION SPECIALISTS IN THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY NOTIFICATION.
(D) THE WELFARE INSPECTOR GENERAL AND INVESTIGATORS DESIGNATED BY THE
WELFARE INSPECTOR GENERAL.
(E) THE WORKERS' COMPENSATION FRAUD INSPECTOR GENERAL AND INVESTI-
GATORS DESIGNATED BY THE WORKERS' COMPENSATION FRAUD INSPECTOR GENERAL.
(F) PARKS, RECREATION, OR FOREST RANGERS EMPLOYED BY AND APPOINTED AND
DESIGNATED AS PEACE OFFICERS BY THE STATE, A COUNTY OR A POLITICAL
SUBDIVISION OF THE STATE OR COUNTY.
(G) OFFICERS OR AGENTS OF A DULY INCORPORATED SOCIETY FOR THE
PREVENTION OF CRUELTY TO CHILDREN IN ROCKLAND COUNTY.
(H) SPECIAL POLICEMEN DESIGNATED BY THE COMMISSIONER AND THE DIRECTORS
OF IN-PATIENT FACILITIES IN THE OFFICE OF MENTAL HEALTH PURSUANT TO
SECTION 7.25 OF THE MENTAL HYGIENE LAW, AND SPECIAL POLICEMEN DESIGNATED
BY THE COMMISSIONER AND THE DIRECTORS OF FACILITIES UNDER HIS JURISDIC-
TION IN THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES PURSUANT
TO SECTION 13.25 OF THE MENTAL HYGIENE LAW.
(I) PERSONS DESIGNATED AS SPECIAL POLICEMEN BY THE DIRECTOR OF A
HOSPITAL IN THE DEPARTMENT OF HEALTH PURSUANT TO SECTION FOUR HUNDRED
FIFTY-FIVE OF THE PUBLIC HEALTH LAW.
(J) UNIFORMED ENFORCEMENT FORCES OF THE NEW YORK STATE THRUWAY AUTHOR-
ITY, WHEN ACTING PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED
SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW.
(K) EMPLOYEES OF THE DEPARTMENT OF HEALTH DESIGNATED PURSUANT TO
SECTION THIRTY-THREE HUNDRED EIGHTY-FIVE OF THE PUBLIC HEALTH LAW.
(L) BAY CONSTABLES OF THE CITY OF RYE, THE VILLAGE OF SOUTH NYACK AND
BAY CONSTABLES OF THE TOWNS OF EAST HAMPTON, RIVERHEAD, SOUTHOLD, ISLIP,
SHELTER ISLAND, BROOKHAVEN, BABYLON, SMITHTOWN AND HUNTINGTON APPOINTED
AND DESIGNATED BY THE TOWN, CITY OR VILLAGE AS PEACE OFFICERS.
(M) PATROLMEN APPOINTED AND DESIGNATED BY THE LAKE GEORGE PARK COMMIS-
SION AS PEACE OFFICERS.
S. 7581 4
(N) PEACE OFFICERS APPOINTED AND DESIGNATED PURSUANT TO THE PROVISIONS
OF THE NEW YORK STATE DEFENSE EMERGENCY ACT, AS SET FORTH IN CHAPTER
SEVEN HUNDRED EIGHTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE, AS
AMENDED, WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES DURING A PERIOD OF
ATTACK OR IMMINENT ATTACK BY ENEMY FORCES, OR DURING OFFICIAL DRILLS
CALLED TO COMBAT NATURAL OR MAN-MADE DISASTERS, OR DURING OFFICIAL
DRILLS IN PREPARATION FOR AN ATTACK BY ENEMY FORCES OR IN PREPARATION
FOR A NATURAL OR MAN-MADE DISASTER; PROVIDED THAT SUCH OFFICER SHALL
HAVE THE POWERS SET FORTH IN SECTION 2.20 OF THIS ARTICLE ONLY DURING A
PERIOD OF IMMINENT OR ACTUAL ATTACK BY ENEMY FORCES AND DURING DRILLS
AUTHORIZED UNDER SECTION TWENTY-NINE-B OF THE EXECUTIVE LAW, PROVIDING
FOR THE USE OF CIVIL DEFENSE FORCES IN DISASTERS. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, SUCH OFFICERS SHALL HAVE THE POWER TO DIRECT AND
CONTROL TRAFFIC DURING OFFICIAL DRILLS IN PREPARATION FOR AN ATTACK BY
ENEMY FORCES OR IN PREPARATION FOR COMBATING NATURAL OR MAN-MADE DISAS-
TERS; HOWEVER, THIS GRANT DOES NOT INCLUDE ANY OF THE OTHER POWERS SET
FORTH IN SECTION 2.20 OF THIS ARTICLE.
(O) NEW YORK CITY SPECIAL PATROLMEN APPOINTED BY THE POLICE COMMIS-
SIONER PROVIDED, HOWEVER, THAT NOTHING IN THIS PARAGRAPH SHALL BE DEEMED
TO AUTHORIZE SUCH OFFICER TO CARRY A FIREARM FOR WHICH THE APPROPRIATE
LICENSE THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL
LAW UNLESS THE EMPLOYER HAS AUTHORIZED SUCH OFFICER TO POSSESS A FIREARM
DURING ANY PHASE OF THE OFFICERS ON-DUTY EMPLOYMENT. SPECIAL PATROLMEN
SHALL HAVE THE POWERS SET FORTH IN SECTION 2.20 OF THIS ARTICLE ONLY
WHEN THEY ARE ACTING PURSUANT TO THEIR SPECIAL DUTIES; PROVIDED, HOWEV-
ER, THAT THE FOLLOWING CATEGORIES OF NEW YORK CITY SPECIAL PATROLMEN
SHALL HAVE SUCH POWERS WHETHER OR NOT THEY ARE ACTING PURSUANT TO THEIR
SPECIAL DUTIES: SCHOOL SAFETY OFFICERS EMPLOYED BY THE BOARD OF EDUCA-
TION OF THE CITY OF NEW YORK; PARKING CONTROL SPECIALISTS, TAXI AND
LIMOUSINE INSPECTORS, URBAN PARK RANGERS AND EVIDENCE AND PROPERTY
CONTROL SPECIALISTS EMPLOYED BY THE CITY OF NEW YORK; AND FURTHER
PROVIDED THAT, WITH RESPECT TO THE AFOREMENTIONED CATEGORIES OF NEW YORK
CITY SPECIAL PATROLMEN, WHERE SUCH A SPECIAL PATROLMAN HAS BEEN
APPOINTED BY THE POLICE COMMISSIONER AND, UPON THE EXPIRATION OF SUCH
APPOINTMENT THE POLICE COMMISSIONER HAS NEITHER RENEWED SUCH APPOINTMENT
NOR EXPLICITLY DETERMINED THAT SUCH APPOINTMENT SHALL NOT BE RENEWED,
SUCH APPOINTMENT SHALL REMAIN IN FULL FORCE AND EFFECT INDEFINITELY,
UNTIL SUCH TIME AS THE POLICE COMMISSIONER EXPRESSLY DETERMINES TO
EITHER RENEW OR TERMINATE SUCH APPOINTMENT.
(P) ALL OFFICERS AND MEMBERS OF THE UNIFORMED FORCE OF THE NEW YORK
CITY FIRE DEPARTMENT AS SET FORTH AND SUBJECT TO ANY LIMITATIONS
CONTAINED IN THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
(Q) SPECIAL POLICEMEN FOR HORSE RACING, APPOINTED AND DESIGNATED
PURSUANT TO SECTIONS TWO HUNDRED TWENTY-THREE, THREE HUNDRED TWELVE AND
FOUR HUNDRED TWELVE OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
(R) WATERFRONT AND AIRPORT INVESTIGATORS, PURSUANT TO SUBDIVISION FOUR
OF SECTION 5-B OF PART II OF THE WATERFRONT AND AIRPORT COMMISSION ACT.
(S) SPECIAL PATROLMEN OF A POLITICAL SUBDIVISION, APPOINTED PURSUANT
TO SECTION TWO HUNDRED NINE-V OF THE GENERAL MUNICIPAL LAW.
(T) SPECIAL OFFICERS EMPLOYED BY THE CITY OF NEW YORK OR BY THE NEW
YORK CITY HEALTH AND HOSPITALS CORPORATION. THE NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION SHALL EMPLOY PEACE OFFICERS APPOINTED PURSUANT TO
THIS SUBDIVISION TO PERFORM THE PATROL, INVESTIGATION, AND MAINTENANCE
OF THE PEACE DUTIES OF SPECIAL OFFICER, SENIOR SPECIAL OFFICER AND
HOSPITAL SECURITY OFFICER, PROVIDED HOWEVER THAT NOTHING IN THIS PARA-
S. 7581 5
GRAPH SHALL PROHIBIT MANAGERIAL, SUPERVISORY, OR STATE LICENSED OR
CERTIFIED PROFESSIONAL EMPLOYEES OF THE CORPORATION FROM PERFORMING SUCH
DUTIES WHERE THEY ARE INCIDENTAL TO THEIR USUAL DUTIES, OR SHALL PROHIB-
IT POLICE OFFICERS EMPLOYED BY THE CITY OF NEW YORK FROM PERFORMING
THESE DUTIES.
(U) FIRE POLICE SQUADS ORGANIZED PURSUANT TO SECTION TWO HUNDRED
NINE-C OF THE GENERAL MUNICIPAL LAW, AT SUCH TIMES AS THE FIRE DEPART-
MENT, FIRE COMPANY OR AN EMERGENCY RESCUE AND FIRST AID SQUAD OF THE
FIRE DEPARTMENT OR FIRE COMPANY ARE ON DUTY, OR WHEN, ON ORDERS OF THE
CHIEF OF THE FIRE DEPARTMENT OR FIRE COMPANY OF WHICH THEY ARE MEMBERS,
THEY ARE SEPARATELY ENGAGED IN RESPONSE TO A CALL FOR ASSISTANCE PURSU-
ANT TO THE PROVISIONS OF SECTION TWO HUNDRED NINE OF THE GENERAL MUNICI-
PAL LAW.
(V) HOUSING PATROLMEN OF THE MOUNT VERNON HOUSING AUTHORITY, APPOINTED
AND DESIGNATED AS PEACE OFFICERS AND ACTING PURSUANT TO RULES OF THE
MOUNT VERNON HOUSING AUTHORITY.
(W) PERSONS APPOINTED AND DESIGNATED AS PEACE OFFICERS BY THE SEA GATE
ASSOCIATION PURSUANT TO THE PROVISIONS OF CHAPTER THREE HUNDRED NINETY-
ONE OF THE LAWS OF NINETEEN HUNDRED FORTY.
(X) NEW YORK STATE AIR BASE SECURITY GUARDS WHEN THEY ARE APPOINTED
AND DESIGNATED AS PEACE OFFICERS UNDER MILITARY REGULATIONS PROMULGATED
BY THE CHIEF OF STAFF TO THE GOVERNOR AND WHEN PERFORMING THEIR DUTIES
AS AIR BASE SECURITY GUARDS PURSUANT TO ORDERS ISSUED BY APPROPRIATE
MILITARY AUTHORITY.
(Y) MEMBERS OF THE ARMY NATIONAL GUARD MILITARY POLICE AND AIR
NATIONAL GUARD SECURITY PERSONNEL BELONGING TO THE ORGANIZED MILITIA OF
THE STATE OF NEW YORK WHEN THEY ARE APPOINTED AND DESIGNATED AS PEACE
OFFICERS UNDER MILITARY REGULATIONS PROMULGATED BY THE ADJUTANT GENERAL
AND WHEN PERFORMING THEIR DUTIES AS MILITARY POLICEMEN OR AIR SECURITY
PERSONNEL PURSUANT TO ORDERS ISSUED BY APPROPRIATE MILITARY AUTHORITY.
(Z) TRANSPORTATION SUPERVISORS IN THE CITY OF WHITE PLAINS APPOINTED
AND DESIGNATED BY THE COMMISSIONER OF PUBLIC SAFETY IN THE CITY OF WHITE
PLAINS AS PEACE OFFICERS.
(AA) SECURITY HOSPITAL TREATMENT ASSISTANTS, APPOINTED AND DESIGNATED
BY THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AS PEACE OFFICERS
WHILE PERFORMING DUTIES IN OR ARISING OUT OF THE COURSE OF THEIR EMPLOY-
MENT.
(BB) AUTHORIZED AGENTS OF THE MUNICIPAL DIRECTORS OF WEIGHTS AND MEAS-
URES IN THE COUNTIES OF SUFFOLK, NASSAU AND WESTCHESTER WHEN ACTING
PURSUANT TO THEIR SPECIAL DUTIES AS SET FORTH IN SECTION ONE HUNDRED
EIGHTY-ONE OF THE AGRICULTURE AND MARKETS LAW.
(CC) SPECIAL POLICEMEN APPOINTED AND DESIGNATED BY A TOWN AS PEACE
OFFICERS PURSUANT TO SECTION ONE HUNDRED FIFTY-EIGHT OF THE TOWN LAW.
(DD) DOG CONTROL AND ANIMAL CONTROL OFFICERS APPOINTED AND DESIGNATED
AS PEACE OFFICERS BY A POLITICAL SUBDIVISION OF THE STATE.
(EE) HARBOR PARK RANGERS EMPLOYED BY THE SNUG HARBOR CULTURAL CENTER
IN RICHMOND COUNTY AND APPOINTED AS NEW YORK CITY SPECIAL PATROLMEN BY
THE POLICE COMMISSIONER PURSUANT TO THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION,
SUCH OFFICERS SHALL BE AUTHORIZED TO ISSUE APPEARANCE TICKETS PURSUANT
TO SECTION 150.20 OF THIS CHAPTER, AND SHALL HAVE SUCH OTHER POWERS AS
ARE SPECIFIED IN SECTION 2.20 OF THIS ARTICLE ONLY WHEN ACTING PURSUANT
TO THEIR SPECIAL DUTIES.
(FF) OFFICERS OF THE WESTCHESTER COUNTY PUBLIC SAFETY EMERGENCY FORCE,
WHEN ACTIVATED BY THE COMMISSIONER OF PUBLIC SAFETY OR THE SHERIFF OF
THE COUNTY OF WESTCHESTER.
S. 7581 6
(GG) UNIFORMED MEMBERS OF THE SECURITY FORCE OF THE TROY HOUSING
AUTHORITY APPOINTED AND DESIGNATED BY THE TROY HOUSING AUTHORITY AS
PEACE OFFICERS.
(HH) OFFICERS AND MEMBERS OF THE SANITATION POLICE OF THE DEPARTMENT
OF SANITATION OF THE CITY OF NEW YORK, DULY APPOINTED AND DESIGNATED AS
PEACE OFFICERS BY SUCH DEPARTMENT. PROVIDED, FURTHER, THAT NOTHING IN
THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO OFFICERS AND MEMBERS OF THE
SANITATION POLICE REGULARLY AND EXCLUSIVELY ASSIGNED TO ENFORCEMENT OF
SUCH CITY'S RESIDENTIAL RECYCLING LAWS.
(II) EMPLOYEES OF THE OFFICE OF CHILDREN AND FAMILY SERVICES ASSIGNED
TO TRANSPORT AND WARRANTS UNITS WHO ARE SPECIFICALLY DESIGNATED BY THE
DIRECTOR IN ACCORDANCE WITH SECTION FIVE HUNDRED FOUR-B OF THE EXECUTIVE
LAW.
(JJ) EMPLOYEES APPOINTED AND DESIGNATED AS PEACE OFFICERS BY A SHERIFF
PURSUANT TO THEIR SPECIAL DUTIES SERVING AS UNIFORMED MARINE PATROL
OFFICERS.
(KK) AIRPORT SECURITY GUARDS, SENIOR AIRPORT SECURITY GUARDS, AIRPORT
SECURITY SUPERVISORS, RETIRED POLICE OFFICERS, AND SUPERVISORS OF SAME,
WHO ARE APPOINTED AND DESIGNATED BY RESOLUTION OF THE TOWN BOARD OF THE
TOWN OF ISLIP TO PROVIDE SECURITY AT LONG ISLAND MACARTHUR AIRPORT WHEN
ACTING PURSUANT TO THEIR DUTIES AS SUCH, AND SUCH AUTHORITY BEING
SPECIFICALLY LIMITED TO THE GROUNDS OF THE SAID AIRPORT.
(LL) MEMBERS OF THE SECURITY FORCE EMPLOYED AND APPOINTED AND DESIG-
NATED AS PEACE OFFICERS BY ERIE COUNTY MEDICAL CENTER.
(MM) EMPLOYEES OF THE NEW YORK CITY BUSINESS INTEGRITY COMMISSION
APPOINTED AND DESIGNATED AS PEACE OFFICERS BY THE CHAIRPERSON OF SUCH
COMMISSION.
(NN) MEMBERS OF THE SECURITY FORCE EMPLOYED BY KALEIDA HEALTH WITHIN
AND DIRECTLY ADJACENT TO THE HOSPITAL BUILDINGS ON THE MEDICAL CAMPUS
LOCATED BETWEEN EAST NORTH STREET, GOODELL STREET, MAIN STREET AND
MICHIGAN AVENUE. THESE OFFICERS SHALL ONLY HAVE THE POWERS LISTED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 2.20 OF THIS ARTICLE, AS
WELL AS THE POWER TO DETAIN AN INDIVIDUAL FOR A REASONABLE PERIOD OF
TIME WHILE AWAITING THE ARRIVAL OF LAW ENFORCEMENT, PROVIDED THAT THE
OFFICER HAS ACTUAL KNOWLEDGE, OR PROBABLE CAUSE TO BELIEVE, THAT SUCH
INDIVIDUAL HAS COMMITTED AN OFFENSE.
(OO) WATERSHED PROTECTION AND ENFORCEMENT OFFICERS APPOINTED BY THE
CITY OF PEEKSKILL. SUCH OFFICERS SHALL ONLY HAVE THE POWERS SET FORTH IN
PARAGRAPHS (A), (B), (C), (F), (G), AND (H) OF SUBDIVISION ONE OF
SECTION 2.20 OF THIS ARTICLE AND, NOTWITHSTANDING PARAGRAPH (B) OF
SUBDIVISION THIRTY-FOUR-A OF SECTION 1.20 OF THIS TITLE AND PARAGRAPH
(B) OF SUBDIVISION FIVE OF SECTION 140.25 OF THIS CHAPTER, WATERSHED
PROTECTION AND ENFORCEMENT OFFICERS ARE AUTHORIZED TO MAKE ARRESTS AND
ISSUE APPEARANCE TICKETS IN THOSE AREAS OF THE HOLLOW BROOK WATERSHED
AND WICCOPEE RESERVOIR LOCATED OUTSIDE OF THE CITY OF PEEKSKILL IN THE
COUNTIES OF PUTNAM AND WESTCHESTER, INCLUDING ALONG ITS RESERVOIRS,
SHORELINE, AND TRIBUTARIES.
§ 2. Subdivision 23 of section 105 of the alcoholic beverage control
law, as added by section 1 of part F of chapter 85 of the laws of 2002,
is amended to read as follows:
23. All premises licensed under sections fifty-four, fifty-four-a,
sixty-three and seventy-nine of this chapter shall be subject to
inspection by any peace officer described in [subdivision four] PARA-
GRAPH (E) OF SUBDIVISION TWO of section 2.10 of the criminal procedure
law acting pursuant to his special duties, or police officer or any duly
S. 7581 7
authorized representative of the state liquor authority, during the
hours when the said premises are open for the transaction of business.
§ 3. Paragraph 7 of subdivision a of section 10-131 of the administra-
tive code of the city of New York, as amended by chapter 195 of the laws
of 2005, is amended to read as follows:
7. A fee shall not be charged or collected for the issuance of a
license, or the renewal thereof, to have and carry concealed a pistol or
revolver which is issued upon the application of a qualified retired
police officer as defined in subdivision thirty-four of section 1.20 of
the criminal procedure law, or a qualified retired bridge and tunnel
officer, sergeant or lieutenant of the triborough bridge and tunnel
authority as defined under PARAGRAPH (E) OF subdivision [twenty] ONE of
section 2.10 of the criminal procedure law, or a qualified retired
uniformed court officer in the unified court system, or a qualified
retired court clerk in the unified court system in the first and second
judicial departments, as defined in [paragraphs a and b of subdivision
twenty-one] PARAGRAPH (D) OF SUBDIVISION ONE of section 2.10 of the
criminal procedure law or a retired correction officer as defined in
[subdivision twenty-five] PARAGRAPH (C) OF SUBDIVISION ONE of section
2.10 of the criminal procedure law or a qualified retired sheriff,
undersheriff or deputy sheriff of the city of New York as defined under
PARAGRAPH (F) OF subdivision [two] ONE of section 2.10 of the criminal
procedure law.
§ 4. Subdivision (a) of section 11-4021 of the administrative code of
the city of New York, as amended by chapter 556 of the laws of 2011, is
amended to read as follows:
(a) Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [five] TWO of section 2.10 of such law, acting pursuant to
his special duties, shall discover any cigarettes subject to any tax
provided by chapter thirteen of this title, and upon which the tax has
not been paid or the stamps not affixed as required by such chapter,
they are hereby authorized and empowered forthwith to seize and take
possession of such cigarettes, together with any vending machine or
receptacle in which they are held for sale. Such cigarettes, vending
machine or receptacle seized by a police officer or such peace officer
shall be turned over to the commissioner of finance.
§ 5. Paragraph 2 of subdivision (c) of section 11-4023 of the adminis-
trative code of the city of New York, as added by local law number 97 of
the city of New York for the year 2013, is amended to read as follows:
(2) Ten days after the date of such posting, and upon the written
directive of the commissioner, police officers designated in section
1.20 of the criminal procedure law and peace officers employed by the
department of finance, including but not limited to the sheriff, under-
sheriff and deputy sheriffs of the city of New York designated as peace
officers in PARAGRAPH (F) OF subdivision [two] ONE of section 2.10 of
the criminal procedure law, are authorized to act upon and enforce such
orders.
§ 6. Paragraph (a) of section 11-4024 of the administrative code of
the city of New York, as added by local law number 97 of the city of New
York for the year 2013, is amended to read as follows:
(a) Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer employed by the department of
finance, including but not limited to the sheriff, undersheriff or depu-
ty sheriffs of the city of New York designated as peace officers in
PARAGRAPH (F) OF subdivision [two] ONE of section 2.10 of the criminal
S. 7581 8
procedure law, shall discover (1) any cigarettes subject to any tax
provided by chapter thirteen of this title, and upon which the tax has
been paid and the stamps affixed as required by such chapter, but such
cigarettes are sold, offered for sale or possessed by a person in
violation of section 11-1303, 17-703 or 20-202 of this code, or (2) any
flavored tobacco product that is sold, offered for sale or possessed
with intent to sell in violation of section 17-715 of this code, he or
she is hereby authorized and empowered forthwith to seize and take
possession of such cigarettes or flavored tobacco product, together with
any vending machine or receptacle in which such cigarettes or flavored
tobacco product are held for sale. Such cigarettes or flavored tobacco
product, vending machine or receptacle seized by such police officer or
such peace officer shall be turned over to the commissioner of finance.
§ 7. Subdivision c of section 12-121 of the administrative code of the
city of New York, as added by chapter 427 of the laws of 2000, is
amended to read as follows:
c. City residence shall not be required as a condition of employment
for campus peace officers level I, level II and level III, as defined by
PARAGRAPH (O) OF subdivision [twenty-seven] THREE of section 2.10 of the
criminal procedure law, employed by the city university of New York
before the effective date of this subdivision.
§ 8. Subdivision a of section 17-182 of the administrative code of the
city of New York, as amended by local law number 22 of the city of New
York for the year 2002, is amended to read as follows:
a. Any corporation of government, the expenses of which are paid in
whole or in part from the city treasury, which provides health and
medical services and operates health facilities and which is authorized
to employ special officers having peace officer status as defined in
[New York Criminal Procedure Law § 2.10(40)] PARAGRAPH (T) OF SUBDIVI-
SION THREE OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, shall utilize
peace officers appointed pursuant to said subdivision to perform the
duties of special officer, senior special officer and hospital security
officer. The commissioner of the department of health and mental hygiene
shall enforce this requirement.
§ 9. Subdivision 1 of section 120 of the correction law, as added by
chapter 202 of the laws of 2007, is amended to read as follows:
1. Except as provided in subdivisions two, three and four of this
section, the duty of maintaining the custody and supervision of persons
detained or confined in a correctional facility as defined in subdivi-
sion four of section two of this chapter, including a drug treatment
campus as defined in subdivision twenty of section two of this chapter,
or a local correctional facility as defined in subdivision sixteen of
section two of this chapter shall be performed solely by police officers
designated in paragraph (a), (b), (c), (d), (e), (g), (j) or (m) of
subdivision thirty-four of section 1.20 of the criminal procedure law or
peace officers designated in [subdivision twenty-five] PARAGRAPH (C) OF
SUBDIVISION ONE of section 2.10 of the criminal procedure law, which
persons, whether employed full-time or part-time, shall be in the
competitive, non-competitive or exempt class of the civil service of New
York state as determined by state law or by the state or applicable
local civil service commission.
§ 10. Paragraph (q) of subdivision 34 of section 1.20 of the criminal
procedure law, as amended by section 55 of part K of chapter 61 of the
laws of 2011, is amended to read as follows:
(q) An employee of the department of taxation and finance (i) assigned
to enforcement of the taxes imposed under or pursuant to the authority
S. 7581 9
of article twelve-A of the tax law and administered by the commissioner
of taxation and finance, taxes imposed under or pursuant to the authori-
ty of article eighteen of the tax law and administered by the commis-
sioner, taxes imposed under article twenty of the tax law, or sales or
compensating use taxes relating to petroleum products or cigarettes
imposed under article twenty-eight or pursuant to the authority of arti-
cle twenty-nine of the tax law and administered by the commissioner or
(ii) [designated as a revenue crimes specialist and] assigned to the
enforcement of [the] taxes [described in] PURSUANT TO paragraph [(c) of
subdivision four] (E) OF SUBDIVISION TWO of section 2.10 of this title,
for the purpose of applying for and executing search warrants under
article six hundred ninety of this chapter, for the purpose of acting as
a claiming agent under article thirteen-A of the civil practice law and
rules in connection with the enforcement of the taxes referred to above
and for the purpose of [executing warrants of arrest relating to the
respective crimes specified in subdivision four] INVESTIGATING OR
ENFORCING A CRIMINAL LAW PURSUANT TO PARAGRAPH (E) OF SUBDIVISION TWO of
section 2.10 of this title.
§ 11. Subdivision 1 of section 50-a of the civil rights law, as
amended by chapter 516 of the laws of 2014, is amended to read as
follows:
1. All personnel records used to evaluate performance toward continued
employment or promotion, under the control of any police agency or
department of the state or any political subdivision thereof including
authorities or agencies maintaining police forces of individuals defined
as police officers in section 1.20 of the criminal procedure law and
such personnel records under the control of a sheriff's department or a
department of correction of individuals employed as correction officers
and such personnel records under the control of a paid fire department
or force of individuals employed as firefighters or
firefighter/paramedics and such personnel records under the control of
the department of corrections and community supervision for individuals
defined as peace officers pursuant to [subdivisions twenty-three and
twenty-three-a] PARAGRAPHS (A), (A-1) AND (B) OF SUBDIVISION ONE of
section 2.10 of the criminal procedure law and such personnel records
under the control of a probation department for individuals defined as
peace officers pursuant to PARAGRAPH (B) OF subdivision [twenty-four]
ONE of section 2.10 of the criminal procedure law shall be considered
confidential and not subject to inspection or review without the express
written consent of such police officer, firefighter,
firefighter/paramedic, correction officer or peace officer within the
department of corrections and community supervision or probation depart-
ment except as may be mandated by lawful court order.
§ 12. Subdivision 1 of section 50-d of the civil rights law, as added
by chapter 517 of the laws of 1992, is amended to read as follows:
1. As used in this section, "personnel records of court officers"
means all personnel records of court officers as defined in [paragraph a
of] PARAGRAPH (D) OF subdivision [twenty-one] ONE of section 2.10 of the
criminal procedure law, used to evaluate performance toward continued
employment or promotion, and under the control of the office of court
administration.
§ 13. Subdivision 1 of section 50-e of the civil rights law, as added
by chapter 578 of the laws of 1993, is amended to read as follows:
1. As used in this section, "personnel records of bridge and tunnel
officers, sergeants and lieutenants" means all personnel records of
bridge and tunnel officers, sergeants and lieutenants as defined in
S. 7581 10
PARAGRAPH (E) OF subdivision [twenty] ONE of section 2.10 of the crimi-
nal procedure law, used to evaluate performance toward continued employ-
ment or promotion, and under the control of the Triborough bridge and
tunnel authority.
§ 14. The opening paragraph of paragraph i of subdivision 1 of section
130 of the civil service law, as added by chapter 257 of the laws of
2012, is amended to read as follows:
Pursuant to the terms of an agreement between the state and an employ-
ee organization entered into pursuant to article fourteen of this chap-
ter covering members of the collective negotiating unit designated as
security supervisors who are employed by the state department of
corrections and community supervision and are designated as peace offi-
cers pursuant to PARAGRAPH (C) OF subdivision [twenty-five] ONE of
section 2.10 of the criminal procedure law, effective on the dates indi-
cated, salary grades for positions in the competitive, non-competitive
and labor classes shall be as follows:
§ 15. Subdivision 2 and the opening paragraph and paragraph (f) of
subdivision 4 of section 209 of the civil service law, as amended by
section 64 of subpart B of part C of chapter 62 of the laws of 2011, are
amended to read as follows:
2. Public employers are hereby empowered to enter into written agree-
ments with recognized or certified employee organizations setting forth
procedures to be invoked in the event of disputes which reach an impasse
in the course of collective negotiations. Such agreements may include
the undertaking by each party to submit unresolved issues to impartial
arbitration. In the absence or upon the failure of such procedures,
public employers and employee organizations may request the board to
render assistance as provided in this section, or the board may render
such assistance on its own motion, as provided in subdivision three of
this section, or, in regard to officers or members of any organized fire
department, or any unit of the public employer which previously was a
part of an organized fire department whose primary mission includes the
prevention and control of aircraft fires, police force or police depart-
ment of any county, city, town, village or fire or police district, or
detective-investigators, or rackets investigators employed in the office
of a district attorney of a county, or in regard to any organized unit
of troopers, commissioned or noncommissioned officers of the division of
state police, or in regard to investigators, senior investigators and
investigator specialists of the division of state police, or in regard
to members of collective negotiating units designated as security
services and security supervisors who are police officers, who are
forest ranger captains or who are employed by the state department of
corrections and community supervision and are designated as peace offi-
cers pursuant to PARAGRAPH (C) OF subdivision [twenty-five] ONE of
section 2.10 of the criminal procedure law, or in regard to members of
the collective negotiating unit designated as the agency law enforcement
services unit who are police officers pursuant to subdivision thirty-
four of section 1.20 of the criminal procedure law or who are forest
rangers, or in regard to organized units of deputy sheriffs who are
engaged directly in criminal law enforcement activities that aggregate
more than fifty per centum of their service as certified by the county
sheriff and are police officers pursuant to subdivision thirty-four of
section 1.20 of the criminal procedure law as certified by the municipal
police training council or Suffolk county correction officers or Suffolk
county park police, as provided in subdivision four of this section.
S. 7581 11
On request of either party or upon its own motion, as provided in
subdivision two of this section, and in the event the board determines
that an impasse exists in collective negotiations between such employee
organization and a public employer as to the conditions of employment of
officers or members of any organized fire department, or any other unit
of the public employer which previously was a part of an organized fire
department whose primary mission includes the prevention and control of
aircraft fires, police force or police department of any county, city,
town, village or fire or police district, and detective-investigators,
criminal investigators or rackets investigators employed in the office
of a district attorney, or as to the conditions of employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
cers of the division of state police or as to the conditions of employ-
ment of members of any organized unit of investigators, senior investi-
gators and investigator specialists of the division of state police, or
as to the terms and conditions of employment of members of collective
negotiating units designated as security services and security supervi-
sors, who are police officers, who are forest ranger captains or who are
employed by the state department of corrections and community super-
vision and are designated as peace officers pursuant to PARAGRAPH (C) OF
subdivision [twenty-five] ONE of section 2.10 of the criminal procedure
law, or in regard to members of the collective negotiating unit desig-
nated as the agency law enforcement services unit who are police offi-
cers pursuant to subdivision thirty-four of section 1.20 of the criminal
procedure law or who are forest rangers, or as to the conditions of
employment of any organized unit of deputy sheriffs who are engaged
directly in criminal law enforcement activities that aggregate more than
fifty per centum of their service as certified by the county sheriff and
are police officers pursuant to subdivision thirty-four of section 1.20
of the criminal procedure law as certified by the municipal police
training council or Suffolk county correction officers or Suffolk county
park police, the board shall render assistance as follows:
(f) With regard to any members of collective negotiating units desig-
nated as security services or security supervisors, who are police offi-
cers, who are forest ranger captains or who are employed by the state
department of corrections and community supervision and are designated
as peace officers pursuant to PARAGRAPH (C) OF subdivision [twenty-five]
ONE of section 2.10 of the criminal procedure law, or in regard to
members of the collective negotiating unit designated as the agency law
enforcement services unit who are police officers pursuant to subdivi-
sion thirty-four of section 1.20 of the criminal procedure law or who
are forest rangers, or in regard to detective-investigators, criminal
investigators or rackets investigators employed in the office of a
district attorney of a county contained within a city with a population
of one million or more, the provisions of this section shall only apply
to the terms of collective bargaining agreements directly relating to
compensation, including, but not limited to, salary, stipends, location
pay, insurance, medical and hospitalization benefits; and shall not
apply to non-compensatory issues including, but not limited to, job
security, disciplinary procedures and actions, deployment or scheduling,
or issues relating to eligibility for overtime compensation which shall
be governed by other provisions proscribed by law.
§ 16. Paragraph d of subdivision 8 of section 156-c of the executive
law, as amended by section 4 of part A of chapter 101 of the laws of
2013, is amended to read as follows:
S. 7581 12
d. Whenever any police officer designated in section 1.20 of the crim-
inal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four and subdivision seventy-nine pertaining to the Office
of Fire Prevention and Control,] TWO of section 2.10 of such law, acting
pursuant to his or her special duties, shall discover any cigarettes
which have not been marked in the manner required by subdivision six of
this section, such officer is hereby authorized and empowered to seize
and take possession of such cigarettes. Such seized cigarettes shall be
turned over to the commissioner of taxation and finance, and shall be
forfeited to the state. Cigarettes seized pursuant to this section shall
be destroyed.
§ 17. Subdivision 4 of section 89-n of the general business law, as
amended by chapter 221 of the laws of 2003, is amended to read as
follows:
4. The provisions of this section shall not apply to a security guard
who is:
a. a correction officer of any state correctional facility having the
powers of a peace officer pursuant to PARAGRAPH (C) OF subdivision
[twenty-five] ONE of section 2.10 of the criminal procedure law;
b. a bridge and tunnel officer, sergeant or lieutenant of the Tribor-
ough bridge and tunnel authority having the powers of a peace officer
pursuant to PARAGRAPH (E) OF subdivision [twenty] ONE of section 2.10
the criminal procedure law;
c. a uniformed court officer of the unified court system having the
powers of a peace officer pursuant to PARAGRAPH (D) OF subdivision
[twenty-one] ONE of section 2.10 of the criminal procedure law;
d. a court clerk having the powers of a peace officer pursuant to
PARAGRAPH (D) OF subdivision [twenty-one] ONE of section 2.10 of the
criminal procedure law;
e. a deputy sheriff having the powers of a peace officer pursuant to
PARAGRAPH (F) OF subdivision [two] ONE of section 2.10 the criminal
procedure law;
f. a police officer as defined in paragraphs (a), (b), (c), (d), (e),
(f), (j), (k), (l), (o) and (p) of subdivision thirty-four of section
1.20 of the criminal procedure law who has been retired from such
employment for a period not to exceed ten years, provided, however, that
a retired police officer who has been retired from such employment for a
period in excess of ten years shall be required to provide proof to his
or her security guard employer of his or her satisfactory completion of
an eight hour annual in-service training course approved by the commis-
sioner, and provided further, however, that a retired police officer who
will be required by his or her security guard employer to carry a
firearm or will be authorized to have access to a firearm shall provide
to such employer proof of his or her satisfactory completion of a
forty-seven hour firearms training course approved by the commissioner
and, if such firearms training course has not been completed within one
year prior to such employment, satisfactory completion of an additional
eight hour annual firearms in-service training course approved by the
commissioner, such training course to be completed at least annually; or
g. a peace officer as defined in [subdivisions two, twenty and twen-
ty-five and paragraphs a and b of subdivision twenty-one] PARAGRAPHS
(C), (D), (E), AND (F) OF SUBDIVISION ONE of section 2.10 of the crimi-
nal procedure law who has been retired from such employment for a period
not to exceed ten years, provided, however, that a retired peace officer
who has been retired from such employment for a period in excess of ten
years shall be required to provide proof to his or her security guard
S. 7581 13
employer of his or her satisfactory completion of an eight hour annual
in-service training course approved by the municipal police training
council, and provided further, however, that a retired peace officer who
will be required by his or her security guard employer to carry a
firearm or will be authorized to have access to a firearm shall provide
to such employer proof of his or her satisfactory completion of a
forty-seven hour firearms training course approved by the municipal
police training council and, if such firearms training course has not
been completed within one year prior to employment, satisfactory
completion of an additional eight hour annual firearms in-service train-
ing course approved by the municipal police training council, such
training course to be completed at least annually.
§ 18. Subdivision 13 of section 1299-e of the public authorities law,
as amended by chapter 816 of the laws of 1984, is amended to read as
follows:
13. To appoint or designate one or more persons for the purpose of
enforcing rules and regulations established by the authority, and to
compel the observance of law and order on the properties, facilities and
improvements of the authority for the protection and administration of
such property, facilities and improvements, and the traveling public
using such facilities. Each person as and when so appointed or desig-
nated shall be known as (a) a "Niagara frontier transportation authority
security officer or patrolman" and shall be a peace officer as set forth
in PARAGRAPH (G) OF subdivision [forty-five] TWO of section 2.10 of the
criminal procedure law, or a police officer within the purview of subdi-
vision thirty-four of section 1.20 of the criminal procedure law or (b)
a "ticket inspector" and shall not be a peace officer or a police offi-
cer but, when so designated or appointed, shall be authorized to issue
and serve appearance tickets pursuant to section 150.20 of the criminal
procedure law with respect to violations of rules and regulations so
established.
§ 19. Subdivision 4 of section 1399-ll of the public health law, as
added by chapter 262 of the laws of 2000, is amended to read as follows:
4. Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four] TWO of section 2.10 of such law, acting pursuant to
his or her special duties, shall discover any cigarettes which have been
or which are being shipped or transported in violation of this section,
such person is hereby empowered and authorized to seize and take
possession of such cigarettes, and such cigarettes shall be subject to a
forfeiture action pursuant to the procedures provided for in article
thirteen-A of the civil practice law and rules, as if such article
specifically provided for forfeiture of cigarettes seized pursuant to
this section as a pre-conviction forfeiture crime.
§ 20. Subdivisions 4, 5 and 7 of section 3-b of the public officers
law, subdivision 4 as added by chapter 404 of the laws of 2011, subdivi-
sion 5 as added by chapter 8 of the laws of 2013 and subdivision 7 as
added by chapter 418 of the laws of 2014, are amended to read as
follows:
4. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state by which he or she is employed, shall
apply to a person employed by a city with a population of over one
million in the titles of special officer, senior special officer, prin-
cipal special officer and supervising special officer as "special offi-
S. 7581 14
cer" is defined in PARAGRAPH (T) OF subdivision [forty] THREE of section
2.10 of the criminal procedure law, evidence and property control
specialists, taxi and limousine inspector, taxi and limousine inspector
(motor vehicles), senior taxi and limousine inspector, senior taxi and
limousine inspector (motor vehicles), associate taxi and limousine
inspector, supervising taxi and limousine inspector, supervising taxi
and limousine inspector (motor vehicles), education facilities officers
L1 (formerly school guards), education facilities officers L2 (formerly
school safety officers), hospital security officers, campus security
officer, campus peace officer, college security specialist, campus
public safety sergeant, campus security assistant or school guard
(school safety agent), provided that he or she has completed two years
of employment with the city of New York and is a resident of New York,
Kings, Queens, Bronx, Richmond, Nassau, Westchester, Suffolk, Orange,
Rockland or Putnam county.
5. In respect to peace officers employed by Cornell university, and
assigned to the Ithaca campus, pursuant to section fifty-seven hundred
nine of the education law, the provisions of this section requiring a
person to be a resident of the same county as the appointing official
shall not prevent a person from serving as a peace officer for Cornell
university, or as a special deputy sheriff, and assigned to the Ithaca
campus, as defined in PARAGRAPH (B) OF subdivision [forty-two] THREE of
section 2.10 of the criminal procedure law, provided that such person
resides in the state of New York.
7. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he or she shall be employed
or appointed or within which his or her official functions are required
to be exercised, shall apply to a person who is a member of the security
force employed or appointed by Kaleida Health as described in PARAGRAPH
(NN) OF subdivision [eighty-three] THREE of section 2.10 of the criminal
procedure law, provided that such person resides in the county in which
such security force of Kaleida Health is located or an adjoining county
within the state. The provisions of this subdivision shall only apply to
a person who is a member of the security force employed by Kaleida
Health on the effective date of this subdivision.
§ 21. Subdivision 20 of section 10.00 of the penal law, as added by
chapter 765 of the laws of 2005, is amended to read as follows:
20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
of this chapter, the term "peace officer" means a peace officer as
defined in [subdivision one, two, three, four, six, twelve, thirteen,
fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one,
twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,
twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
thirty-five, thirty-six, forty-three, forty-five, forty-seven, forty-
eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one, as
added by chapter two hundred fifty-seven of the laws of nineteen hundred
ninety-two, sixty-one, as added by chapter three hundred twenty-one of
the laws of nineteen hundred ninety-two, sixty-two, as added by chapter
two hundred four of the laws of nineteen hundred ninety-three, sixty-
two, as added by chapter six hundred eighty-seven of the laws of nine-
teen hundred ninety-three, sixty-three, as amended by chapter six
hundred thirty-eight of the laws of two thousand three, sixty-four,
sixty-five, sixty-eight, as added by chapter one hundred sixty-eight of
the laws of two thousand, sixty-eight, as added by chapter three hundred
S. 7581 15
eighty-one of the laws of two thousand, seventy, seventy-one, seventy-
four, as added by chapter five hundred forty-eight of the laws of two
thousand one, seventy-five, as added by chapter three hundred twenty-one
of the laws of two thousand two, seventy-five, as added by chapter six
hundred twenty-three of the laws of two thousand two, seventy-seven, as
added by chapter three hundred sixty-seven of the laws of two thousand
four, seventy-eight or seventy-nine, as added by chapter two hundred
forty-one of the laws of two thousand four,] PARAGRAPHS (A), (A-1), (B),
(C), (D), (E), AND (F) OF SUBDIVISION ONE, PARAGRAPHS (A), (C), (E),
(F), (G), AND (N) OF SUBDIVISION TWO AND PARAGRAPHS (A), (B), (C), (H),
(I), (J), (K), (L), (O), (P), (Q), (R), (X), (Y), (AA), (GG), AND (KK)
OF SUBDIVISION THREE of section 2.10 of the criminal procedure law, as
well as any federal law enforcement officer defined in section 2.15 of
the criminal procedure law.
§ 22. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
125.26 of the penal law, as added by chapter 765 of the laws of 2005, is
amended to read as follows:
(ii) the intended victim was a peace officer as defined in [paragraph
a of subdivision twenty-one, subdivision twenty-three, twenty-four or
sixty-two (employees of the division for youth)] PARAGRAPH (A), (B) OR
(D) OF SUBDIVISION ONE of section 2.10 of the criminal procedure law who
was at the time of the killing engaged in the course of performing his
or her official duties, and the defendant knew or reasonably should have
known that the victim was such a uniformed court officer, parole offi-
cer, OR probation officer[, or employee of the division for youth]; or
§ 23. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
125.27 of the penal law, as amended by chapter 1 of the laws of 1995, is
amended to read as follows:
(ii) the intended victim was a peace officer as defined in [paragraph
a of subdivision twenty-one, subdivision twenty-three, twenty-four or
sixty-two (employees of the division for youth)] PARAGRAPH (A), (B) OR
(D) OF SUBDIVISION ONE of section 2.10 of the criminal procedure law who
was at the time of the killing engaged in the course of performing his
official duties, and the defendant knew or reasonably should have known
that the intended victim was such a uniformed court officer, parole
officer, OR probation officer[, or employee of the division for youth];
or
§ 24. Subdivisions 6 and 14 of section 400.00 of the penal law, subdi-
vision 6 as amended by chapter 318 of the laws of 2002, subdivision 14
as amended by chapter 195 of the laws of 2005, are amended to read as
follows:
6. License: validity. Any license issued pursuant to this section
shall be valid notwithstanding the provisions of any local law or ordi-
nance. No license shall be transferable to any other person or prem-
ises. A license to carry or possess a pistol or revolver, not otherwise
limited as to place or time of possession, shall be effective throughout
the state, except that the same shall not be valid within the city of
New York unless a special permit granting validity is issued by the
police commissioner of that city. Such license to carry or possess shall
be valid within the city of New York in the absence of a permit issued
by the police commissioner of that city, provided that (a) the firearms
covered by such license have been purchased from a licensed dealer with-
in the city of New York and are being transported out of said city
forthwith and immediately from said dealer by the licensee in a locked
container during a continuous and uninterrupted trip; or provided that
(b) the firearms covered by such license are being transported by the
S. 7581 16
licensee in a locked container and the trip through the city of New York
is continuous and uninterrupted; or provided that (c) the firearms
covered by such license are carried by armored car security guards
transporting money or other valuables, in, to, or from motor vehicles
commonly known as armored cars, during the course of their employment;
or provided that (d) the licensee is a retired police officer as police
officer is defined pursuant to subdivision thirty-four of section 1.20
of the criminal procedure law or a retired federal law enforcement offi-
cer, as defined in section 2.15 of the criminal procedure law, who has
been issued a license by an authorized licensing officer as defined in
subdivision ten of section 265.00 of this chapter; provided, further,
however, that if such license was not issued in the city of New York it
must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
ment Officer", as the case may be, and, in the case of a retired officer
the license shall be deemed to permit only police or federal law
enforcement regulations weapons; or provided that (e) the licensee is a
peace officer described in PARAGRAPH (E) OF subdivision [four] TWO of
section 2.10 of the criminal procedure law and the license, if issued by
other than the city of New York, is marked "New York State Tax Depart-
ment Peace Officer" and in such case the exemption shall apply only to
the firearm issued to such licensee by the department of taxation and
finance. A license as gunsmith or dealer in firearms shall not be valid
outside the city or county, as the case may be, where issued.
14. Fees. In the city of New York and the county of Nassau, the annual
license fee shall be twenty-five dollars for gunsmiths and fifty dollars
for dealers in firearms. In such city, the city council and in the coun-
ty of Nassau the Board of Supervisors shall fix the fee to be charged
for a license to carry or possess a pistol or revolver and provide for
the disposition of such fees. Elsewhere in the state, the licensing
officer shall collect and pay into the county treasury the following
fees: for each license to carry or possess a pistol or revolver, not
less than three dollars nor more than ten dollars as may be determined
by the legislative body of the county; for each amendment thereto, three
dollars, and five dollars in the county of Suffolk; and for each license
issued to a gunsmith or dealer in firearms, ten dollars. The fee for a
duplicate license shall be five dollars. The fee for processing a
license transfer between counties shall be five dollars. The fee for
processing a license or renewal thereof for a qualified retired police
officer as defined under subdivision thirty-four of section 1.20 of the
criminal procedure law, or a qualified retired sheriff, undersheriff, or
deputy sheriff of the city of New York as defined under PARAGRAPH (F) OF
subdivision [two] ONE of section 2.10 of the criminal procedure law, or
a qualified retired bridge and tunnel officer, sergeant or lieutenant of
the triborough bridge and tunnel authority as defined under PARAGRAPH
(E) OF subdivision [twenty] ONE of section 2.10 of the criminal proce-
dure law, or a qualified retired uniformed court officer in the unified
court system, or a qualified retired court clerk in the unified court
system [in the first and second judicial departments], as defined in
[paragraphs a and b] PARAGRAPH (D) of subdivision [twenty-one] ONE of
section 2.10 of the criminal procedure law or a retired correction offi-
cer as defined in PARAGRAPH (C) OF subdivision [twenty-five] ONE of
section 2.10 of the criminal procedure law shall be waived in all coun-
ties throughout the state.
§ 25. Paragraph 3 of subdivision (a) of section 1815 of the tax law,
as amended by section 29 of subpart I of part V1 of chapter 57 of the
laws of 2009, is amended to read as follows:
S. 7581 17
(3) For the purposes of conferring jurisdiction upon courts and police
officers, and on the officers specified in PARAGRAPH (E) OF subdivision
[four] TWO of section 2.10 of the criminal procedure law and on judicial
officers generally, such violations shall be deemed traffic infractions
and for such purpose only all provisions of law relating to traffic
infractions shall apply to such violations; provided, however, that the
commissioner of motor vehicles, any hearing officer appointed by him, or
any administrative tribunal authorized to hear and determine any charges
or offenses which are traffic infractions shall not have jurisdiction of
such infractions.
§ 26. Subdivision (a) of section 1845 of the tax law, as added by
chapter 508 of the laws of 1993, is amended to read as follows:
(a) Temporary seizure. Whenever a police officer designated in section
1.20 of the criminal procedure law or a peace officer designated in
PARAGRAPH (E) OF subdivision [four] TWO of section 2.10 of such law,
acting pursuant to his special duties, shall discover more than ninety
liters of liquors which are being imported for sale or use in the state,
where the person importing or causing such liquors to be imported is not
registered as a distributor under section four hundred twenty-one of
this chapter, such police officer or peace officer is hereby authorized
to seize and take possession of such liquors, and to seize and take
possession of the vehicle or other means of transportation used to
transport such liquors.
§ 27. Subdivisions (a) and (a-1) of section 1846 of the tax law, as
amended by chapter 556 of the laws of 2011, are amended to read as
follows:
(a) Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four] TWO of section 2.10 of such law, acting pursuant to
his or her special duties, shall discover any cigarettes subject to tax
provided by article twenty of this chapter or by chapter thirteen of
title eleven of the administrative code of the city of New York, and
upon which the tax has not been paid or the stamps not affixed as
required by such article or such chapter thirteen, they are hereby
authorized and empowered forthwith to seize and take possession of such
cigarettes, together with any vending machine or receptacle in which
they are held for sale. Such cigarettes, vending machine or receptacle
seized by a police officer or such peace officer shall be turned over to
the commissioner. Such seized cigarettes, vending machine or receptacle,
not including money contained in such vending machine or receptacle,
shall be forfeited to the state. The commissioner may, within a reason-
able time thereafter, upon publication of a notice to such effect for at
least five successive days, before the day of sale, in a newspaper
published or circulated in the county where the seizure was made, sell
such forfeited vending machines or receptacles at public sale and pay
the proceeds into the state treasury to the credit of the general fund.
Notwithstanding any other provision of this section, the commissioner
may enter into an agreement with any city of this state which is author-
ized to impose a tax similar to that imposed by article twenty of this
chapter to provide for the disposition between the state and any such
city of the proceeds from any such sale. All cigarettes forfeited to
the state shall be destroyed or used for law enforcement purposes,
except that cigarettes that violate, or are suspected of violating,
federal trademark laws or import laws shall not be used for law enforce-
ment purposes. If the commissioner determines the cigarettes may not be
used for law enforcement purposes, the commissioner must, within a
S. 7581 18
reasonable time after the forfeiture of such cigarettes, upon publica-
tion in the state registry, destroy such forfeited cigarettes. The
commissioner may, prior to any destruction of cigarettes, permit the
true holder of the trademark rights in the cigarettes to inspect such
forfeited cigarettes in order to assist in any investigation regarding
such cigarettes.
(a-1) Whenever a police officer designated in section 1.20 of the
criminal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four] TWO of section 2.10 of such law, acting pursuant to
his or her special duties, shall discover any cigarettes which have been
stamped in violation of section four hundred eighty-b of this chapter,
such officer is hereby authorized and empowered forthwith to seize and
take possession of such cigarettes, and such cigarettes shall be subject
to a forfeiture action pursuant to the procedures provided for in arti-
cle thirteen-A of the civil practice law and rules, as if such article
specifically provided for forfeiture of cigarettes seized pursuant to
this section as a preconviction forfeiture crime. Subdivisions (b), (c)
and (d) of this section shall not apply to cigarettes seized pursuant to
this subdivision.
§ 28. Subdivisions (a) and (a-1) of section 1846-a of the tax law, as
amended by chapter 556 of the laws of 2011, are amended to read as
follows:
(a) Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four] TWO of section 2.10 of such law, acting pursuant to
his special duties, shall discover any tobacco products in excess of
five hundred cigars or ten pounds of tobacco which are being imported
for sale in the state where the person importing or causing such tobacco
products to be imported has not been appointed as a distributor pursuant
to section four hundred seventy-two of this chapter, such police officer
or peace officer is hereby authorized and empowered forthwith to seize
and take possession of such tobacco products. Such tobacco products
seized by a police officer or peace officer shall be turned over to the
commissioner. Such seized tobacco products shall be forfeited to the
state. All tobacco products forfeited to the state shall be destroyed or
used for law enforcement purposes, except that tobacco products that
violate, or are suspected of violating, federal trademark laws or import
laws shall not be used for law enforcement purposes. If the commissioner
determines the tobacco products may not be used for law enforcement
purposes, the commissioner must, within a reasonable time thereafter,
upon publication in the state registry of a notice to such effect before
the day of destruction, destroy such forfeited tobacco products. The
commissioner may, prior to any destruction of tobacco products, permit
the true holder of the trademark rights in the tobacco products to
inspect such forfeited products in order to assist in any investigation
regarding such tobacco products.
(a-1) Whenever a police officer designated in section 1.20 of the
criminal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four] TWO of section 2.10 of the criminal procedure law,
acting pursuant to his or her special duties, discovers any roll-your-
own tobacco that is in violation of section four hundred eighty-c of
this chapter, the officer is authorized and empowered to seize and take
possession of the roll-your-own tobacco, and the roll-your-own tobacco
is subject to a forfeiture action under the procedures provided for in
article thirteen-A of the civil practice law and rules, as if that arti-
cle specifically provided for forfeiture of roll-your-own tobacco seized
S. 7581 19
under this section as a preconviction forfeiture crime. Subdivisions (b)
and (c) of this section do not apply to roll-your-own tobacco seized
pursuant to this subdivision.
§ 29. Subdivisions (a) and (b) of section 1847 of the tax law, subdi-
vision (a) as amended by section 3 of part E of chapter 93 of the laws
of 2002, subdivision (b) as added by chapter 61 of the laws of 1989, are
amended to read as follows:
(a) Any peace officer designated in PARAGRAPH (E) OF subdivision [four
or five] TWO of section 2.10 of the criminal procedure law, acting
pursuant to his or her special duties, or any police officer designated
in section 1.20 of the criminal procedure law may seize any vehicle or
other means of transportation used to transport or for the deposit or
concealment of more than one hundred unstamped or unlawfully stamped
packages of cigarettes subject to tax under article twenty of this chap-
ter or by chapter thirteen of title eleven of the administrative code of
the city of New York, other than a vehicle or other means of transporta-
tion used by any person as a common carrier in transaction of business
as such common carrier, and such vehicle or other means of transporta-
tion shall be subject to forfeiture as hereinafter in this section
provided.
(b) Any peace officer designated in PARAGRAPH (E) OF subdivision
[four] TWO of section 2.10 of the criminal procedure law, acting pursu-
ant to his special duties, or any police officer designated in section
1.20 of the criminal procedure law may seize any vehicle or other means
of transportation used to import tobacco products in excess of five
hundred cigars or ten pounds of tobacco for sale where the person
importing or causing such tobacco products to be imported has not been
appointed a distributor pursuant to section four hundred seventy-two of
this chapter, other than a vehicle or other means of transportation used
by any person as a common carrier in transaction of business as such
common carrier, and such vehicle or other means of transportation shall
be subject to forfeiture as hereinafter in this section provided.
§ 30. Subdivision (a) of section 1848 of the tax law, as amended by
section 54 of part K of chapter 61 of the laws of 2011, is amended to
read as follows:
(a) Temporary seizure. Whenever a police officer designated in section
1.20 of the criminal procedure law or a peace officer designated in
PARAGRAPH (E) OF subdivision [four] TWO of section 2.10 of such law,
acting pursuant to his special duties, shall discover any motor fuel or
diesel motor fuel which is being imported for use, distribution, storage
or sale in the state where the person importing or causing such motor
fuel or diesel motor fuel to be imported is not registered as a distrib-
utor under section two hundred eighty-three or section two hundred
eighty-two-a, of this chapter, as the case may be, such police officer
or peace officer is hereby authorized to seize and take possession of
such motor fuel or diesel motor fuel, together with the vehicle or other
means of transportation used to transport such motor fuel.
§ 31. Section 47 of the workers' compensation law, as amended by chap-
ter 597 of the laws of 2004, is amended to read as follows:
§ 47. Presumption as to the cause of disease. If the employee, at or
immediately before the date of disablement, was employed in any process
mentioned in the second column of the schedule of diseases in subdivi-
sion two of section three of this chapter, and his or her disease is the
disease in the first column of such schedule set opposite the
description of the process, the disease presumptively shall be deemed to
have been due to the nature of that employment. Any exposure to the
S. 7581 20
hazards of compressed air after July first, nineteen hundred forty-six
shall be presumed, in the absence of substantial evidence to the contra-
ry, to be injurious exposure. Any exposure to the hazards of harmful
dust in this state for a period of sixty days after September first,
nineteen hundred thirty-five, shall be presumed, in the absence of
substantial evidence to the contrary, to be an injurious exposure. With
respect to any state or local correction officer as defined in PARAGRAPH
(C) OF subdivision [twenty-five] ONE of section 2.10 of the criminal
procedure law, safety and security officer employed by the office of
mental health, security hospital treatment assistant employed by the
office of mental health, any uniformed court officer or court clerk of
the unified court system having the powers of peace officer, the court
reporter or the court interpreter, an exposure to the blood or bodily
fluid of an individual, incarcerated, confined or otherwise, during the
course of his or her employment that is reported in writing to such
correction officer's, safety and security officer's, security hospital
treatment assistant's, uniformed court officer's, court clerk's, court
reporter's or court interpreter's employer within twenty-four hours of
such exposure, shall be presumed, in the absence of substantial evidence
to the contrary, to be an injurious exposure if, subsequent to such
exposure, such correction officer, safety and security officer, security
hospital treatment assistant, uniformed court officer, court clerk,
court reporter or court interpreter is diagnosed with a blood-borne
disease, including, but not limited to hepatitis C.
§ 32. This act shall take effect on the one hundred eightieth day
after it shall have become a law.
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