S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    155
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  HELMING, AKSHAR, AMEDORE, RITCHIE, SAVINO -- 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 REPEALED and a new section 2.10 is added to read as follows: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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04958-01-9

 S. 155                              2
 
 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-
 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

 S. 155                              3
 
 SHALL  EXERCISE  THE  POWERS  OF  A PEACE OFFICER ONLY WHEN HE OR SHE IS
 ACTING PURSUANT TO HIS OR HER 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-
 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.

 S. 155                              4

   (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.
   (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.

 S. 155                              5
 
   (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-
 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

 S. 155                              6
 
 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.
   (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:

 S. 155                              7
 
   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
 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:

 S. 155                              8
 
   (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
 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.

 S. 155                              9
 
   §  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
 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.

 S. 155                             10
 
   § 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
 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

 S. 155                             11
 
 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.
   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.

 S. 155                             12
 
   §  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:
   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

 S. 155                             13
 
 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
 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

 S. 155                             14
 
 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-
 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

 S. 155                             15

 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
 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

 S. 155                             16
 
 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
 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.

 S. 155                             17
 
   § 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:
   (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,

 S. 155                             18
 
 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
 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

 S. 155                             19
 
 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
 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

 S. 155                             20

 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
 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 immediately.