S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    422
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  exempting
   certain  officers  of  the departments of correction and sanitation of
   the city of New York from training requirements for  security  guards;
   and  to  amend  the criminal procedure law, in relation to designating
   correction officers of New York city as peace officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs a, f and g of subdivision 4 of section 89-n of
 the general business law, paragraphs a and f as amended and paragraph  g
 as added by chapter 221 of the laws of 2003, are amended and a new para-
 graph h is added to read as follows:
   a. a correction officer of any state correctional facility OR A MEMBER
 OF  THE  UNIFORMED  CORRECTION  FORCE OF THE NEW YORK CITY DEPARTMENT OF
 CORRECTION having the powers of a peace officer pursuant to  subdivision
 twenty-five of section 2.10 of 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05305-01-9

 S. 422                              2
 
 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  twenty-
 five and paragraphs a and b of subdivision twenty-one of section 2.10 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
 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  training  course  approved  by the municipal police training
 council, such training course to be completed at least annually[.]; OR
   H. AN OFFICER OR MEMBER OF THE SANITATION POLICE OF THE DEPARTMENT  OF
 SANITATION  OF THE CITY OF NEW YORK HAVING THE POWERS OF A PEACE OFFICER
 PURSUANT TO SUBDIVISION FIFTY-NINE  OF  SECTION  2.10  OF  THE  CRIMINAL
 PROCEDURE LAW.
   § 2.  Subdivision 25 of section 2.10 of the criminal procedure law, as
 amended  by  section 70 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   25. Officials, as designated by the commissioner of the department  of
 corrections  and  community supervision pursuant to rules of the depart-
 ment, and correction officers of any state OR NEW YORK CITY correctional
 facility or of any penal correctional institution.
   § 3. This act shall take effect immediately.