S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8372
 
                             I N  S E N A T E
 
                             February 17, 2022
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation to persons designated as auxiliary officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 835 of the executive law is amended by adding a new
 subdivision 7-c to read as follows:
   7-C. "AUXILIARY OFFICER" MEANS A PERSON DESIGNATED AS SUCH IN  SECTION
 3.10 OF THE CRIMINAL PROCEDURE LAW.
   §  2.  Title  A  of part 1 of the criminal procedure law is amended by
 adding a new article 3 to read as follows:
 
                                 ARTICLE 3
                            AUXILIARY OFFICERS
 
 SECTION 3.10 PERSONS DESIGNATED AS AUXILIARY OFFICERS.
         3.20 POWERS OF AUXILIARY OFFICERS.
         3.30 TRAINING REQUIREMENTS FOR AUXILIARY OFFICERS.
 § 3.10 PERSONS DESIGNATED AS AUXILIARY OFFICERS.
   NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR
 CHARTER TO THE CONTRARY, ONLY  THE  FOLLOWING  PERSONS  SHALL  HAVE  THE
 POWERS OF, AND SHALL BE AUXILIARY OFFICERS:
   1.  A  MEMBER  OF AN AUXILIARY POLICE ORGANIZATION AUTHORIZED BY LOCAL
 LAW.
   2. AUXILIARY POLICE APPOINTED IN ACCORDANCE  WITH  SUBSECTION  TWENTY-
 FIVE  OF  SECTION  THREE  OF THE NEW YORK STATE DEFENSE EMERGENCY ACT OF
 NINETEEN HUNDRED FIFTY-ONE.
   3. SPECIAL POLICE OFFICERS APPOINTED UNDER SECTION ONE HUNDRED  FIFTY-
 EIGHT OF THE TOWN LAW.
   4.  ALL CONSTABLES OR POLICE CONSTABLES NOT COVERED BY SUBDIVISION ONE
 OF SECTION 2.10 OF THIS TITLE.
   5. ALL SPECIAL DEPUTIES, SPECIAL CONSTABLES,  MARSHALS,  POLICE  OFFI-
 CERS,  OR PEACE OFFICERS NOT OTHERWISE DESIGNATED A POLICE OFFICER UNDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14361-02-2
 S. 8372                             2
 
 SECTION 1.20 OF THIS TITLE OR A PEACE OFFICER UNDER SECTION 2.10 OF THIS
 TITLE.
 § 3.20 POWERS OF AUXILIARY OFFICERS.
   1.  THE  PERSONS DESIGNATED IN SECTION 3.10 OF THIS ARTICLE SHALL HAVE
 THE FOLLOWING POWERS:
   (A) THE POWER TO ISSUE  APPEARANCE  TICKETS  PURSUANT  TO  SUBDIVISION
 THREE  OF  SECTION 150.20 OF THIS CHAPTER, WHEN ACTING PURSUANT TO THEIR
 SPECIAL DUTIES.
   (B) THE POWER TO ISSUE UNIFORM APPEARANCE TICKETS PURSUANT TO  ARTICLE
 TWENTY-SEVEN  OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW AND
 TO ISSUE SIMPLIFIED TRAFFIC INFORMATION PURSUANT TO  SECTION  100.25  OF
 THIS  CHAPTER  AND  SECTION TWO HUNDRED SEVEN OF THE VEHICLE AND TRAFFIC
 LAW WHENEVER ACTING PURSUANT TO THEIR SPECIAL DUTIES.
   (C) THE POWER TO ISSUE A UNIFORM NAVIGATION SUMMONS  AND/OR  COMPLAINT
 PURSUANT  TO  SECTION  NINETEEN  OF  THE  NAVIGATION LAW WHENEVER ACTING
 PURSUANT TO THEIR SPECIAL DUTIES.
   (D) THE POWER TO ISSUE UNIFORM APPEARANCE TICKETS PURSUANT TO  ARTICLE
 SEVENTY-ONE  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,  WHENEVER ACTING
 PURSUANT TO THEIR SPECIAL DUTIES.
   (E) ANY OTHER POWER WHICH A PARTICULAR AUXILIARY OFFICER IS  OTHERWISE
 AUTHORIZED  TO  EXERCISE BY ANY GENERAL, SPECIAL OR LOCAL LAW OR CHARTER
 WHENEVER ACTING PURSUANT TO THEIR SPECIAL DUTIES, PROVIDED SUCH POWER IS
 NOT INCONSISTENT WITH THE PROVISIONS OF THE PENAL LAW OR THIS CHAPTER.
   2. FOR THE PURPOSES OF THIS SECTION, AN AUXILIARY OFFICER ACTS  PURSU-
 ANT  TO  THEIR  SPECIAL  DUTIES  WHEN  THEY  PERFORM THE DUTIES OF THEIR
 OFFICE, PURSUANT TO THE SPECIALIZED NATURE OF THEIR PARTICULAR  APPOINT-
 MENT,  WHEREBY  THEY  ARE REQUIRED OR AUTHORIZED TO ENFORCE ANY GENERAL,
 SPECIAL OR LOCAL LAW OR CHARTER, RULE, REGULATION, JUDGMENT OR ORDER.
   3. AN AUXILIARY OFFICER, WHETHER  OR  NOT  ACTING  PURSUANT  TO  THEIR
 SPECIAL  DUTIES, WHO LAWFULLY EXERCISES ANY OF THE POWERS CONFERRED UPON
 THEM PURSUANT TO THIS SECTION, SHALL NOT BE DEEMED TO BE  ACTING  WITHIN
 THE  SCOPE OF THEIR APPOINTMENT FOR PURPOSES OF DEFENSE AND INDEMNIFICA-
 TION RIGHTS AND BENEFITS THAT THEY MAY BE OTHERWISE  ENTITLED  TO  UNDER
 THE PROVISIONS OF SECTION FIFTY-K OF THE GENERAL MUNICIPAL LAW, SECTIONS
 SEVENTEEN  OR EIGHTEEN OF THE PUBLIC OFFICERS LAW, OR ANY OTHER APPLICA-
 BLE SECTION OF LAW.
 § 3.30 TRAINING REQUIREMENTS FOR AUXILIARY OFFICERS.
   1. EVERY AUXILIARY OFFICER IN THE STATE OF NEW YORK MUST  SUCCESSFULLY
 COMPLETE  A  TRAINING PROGRAM, A PORTION OF WHICH SHALL BE PRESCRIBED BY
 THE MUNICIPAL POLICE TRAINING COUNCIL AND A PORTION OF  WHICH  SHALL  BE
 PRESCRIBED BY HIS OR HER APPOINTING AUTHORITY. THE PORTION PRESCRIBED BY
 THE  MUNICIPAL  POLICE  TRAINING COUNCIL SHALL BE COMPRISED OF SUBJECTS,
 AND THE HOURS EACH IS TO BE TAUGHT, THAT SHALL BE REQUIRED OF ALL  TYPES
 OR  CLASSES  OF AUXILIARY OFFICERS. THE HOURS OF INSTRUCTION REQUIRED BY
 THE MUNICIPAL POLICE TRAINING COUNCIL SHALL  NOT  EXCEED  EIGHTY  HOURS,
 UNLESS  A  GREATER AMOUNT IS EITHER REQUIRED BY LAW OR REGULATION, OR IS
 REQUESTED BY THE APPOINTING AUTHORITY. THE  SEGMENT  PRESCRIBED  BY  THE
 APPOINTING  AUTHORITY FOR ITS APPOINTEES SHALL BE COMPRISED OF SUBJECTS,
 AND THE HOURS EACH IS TO BE TAUGHT, RELATING TO THE  SPECIAL  NATURE  OF
 THE  DUTIES  OF THE AUXILIARY OFFICERS EMPLOYED BY IT PROVIDED, HOWEVER,
 THAT WHEN THE SUBJECTS PRESCRIBED BY THE APPOINTING AUTHORITY ARE  IDEN-
 TICAL  TO THE SUBJECTS IN THE TRAINING PROGRAM REQUIRED BY THE MUNICIPAL
 POLICE TRAINING COUNCIL, THE APPOINTING AUTHORITY SHALL NOT BE  REQUIRED
 TO PROVIDE DUPLICATE TRAINING FOR THOSE SUBJECTS.
   2.  EACH  STATE  OR  LOCAL  AGENCY, UNIT OF LOCAL GOVERNMENT, STATE OR
 LOCAL COMMISSION, OR PUBLIC AUTHORITY, OR PUBLIC OR PRIVATE ORGANIZATION
 S. 8372                             3
 
 WHICH APPOINTS AUXILIARY OFFICERS SHALL PROVIDE THE TRAINING MANDATED BY
 THIS SECTION, THE COST OF WHICH WILL BE BORNE BY THE APPOINTING AUTHORI-
 TY.    EACH  AUXILIARY  OFFICER  SATISFACTORILY  COMPLETING  THE  COURSE
 PRESCRIBED  BY  THE MUNICIPAL POLICE TRAINING COUNCIL SHALL BE AWARDED A
 CERTIFICATE BY THE DIVISION OF CRIMINAL JUSTICE  SERVICES  ATTESTING  TO
 THAT EFFECT, AND NO PERSON APPOINTED AS AN AUXILIARY OFFICER SHALL EXER-
 CISE  THE  POWERS OF AN AUXILIARY OFFICER, UNLESS HE OR SHE HAS RECEIVED
 SUCH CERTIFICATION WITHIN TWELVE MONTHS OF APPOINTMENT.
   3. NO APPOINTING AUTHORITY SHALL ALLOW ANY AUXILIARY OFFICER TO  CARRY
 OR USE A WEAPON DURING ANY PHASE OF THE OFFICER'S OFFICIAL DUTIES.
   4. UPON THE FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THIS
 SECTION,  THE  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
 SHALL APPLY TO THE SUPREME COURT FOR AN ORDER  DIRECTED  TO  THE  PERSON
 RESPONSIBLE  REQUIRING  COMPLIANCE. UPON SUCH APPLICATION, THE COURT MAY
 ISSUE SUCH ORDER AS MAY BE JUST, AND A FAILURE TO COMPLY WITH THE  ORDER
 OF THE COURT SHALL BE A CONTEMPT OF COURT AND PUNISHABLE AS SUCH.
   5.  EVERY  APPOINTING  AUTHORITY OF AUXILIARY OFFICERS SHALL REPORT TO
 THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN SUCH FORM AND AT SUCH TIME
 AS THE DIVISION MAY BY REGULATION REQUIRE, THE NAMES  OF  ALL  AUXILIARY
 OFFICERS  WHO HAVE SATISFACTORILY COMPLETED ANY OF THE TRAINING REQUIRE-
 MENTS PRESCRIBED BY THIS SECTION.
   6. A CERTIFICATE ATTESTING TO SATISFACTORY COMPLETION OF THE  TRAINING
 REQUIREMENTS IMPOSED UNDER THIS SECTION AWARDED TO ANY AUXILIARY OFFICER
 BY  THE  EXECUTIVE  DIRECTOR  OF  THE  MUNICIPAL POLICE TRAINING COUNCIL
 PURSUANT TO THIS SECTION SHALL REMAIN VALID:
   (A) DURING THE HOLDER'S CONTINUOUS SERVICE AS  AN  AUXILIARY  OFFICER;
 AND
   (B)  FOR  TWO  YEARS  AFTER  THE DATE OF THE COMMENCEMENT OF AN INTER-
 RUPTION IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO  SUCH
 INTERRUPTION,  SERVED  AS AN AUXILIARY OFFICER FOR LESS THAN TWO CONSEC-
 UTIVE YEARS; OR
   (C) FOR FOUR YEARS AFTER THE DATE OF THE  COMMENCEMENT  OF  AN  INTER-
 RUPTION  IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO SUCH
 INTERRUPTION, SERVED AS AN AUXILIARY OFFICER FOR TWO  CONSECUTIVE  YEARS
 OR LONGER.
   AS  USED  IN  THIS  SUBDIVISION,  THE TERM "INTERRUPTION" SHALL MEAN A
 PERIOD OF SEPARATION FROM SERVICE AS A PEACE OFFICER BY REASON  OF  SUCH
 OFFICER'S  LEAVE  OF ABSENCE, RESIGNATION OR REMOVAL, OTHER THAN REMOVAL
 FOR CAUSE.
   § 3. This act shall take effect immediately; provided,  however,  that
 completion  of the training program required by subdivision 1 of section
 3.30 of the criminal procedure law, as added by section two of this act,
 shall apply only to auxiliary officers appointed on or after the  effec-
 tive  date  of  this  act,  and provided further that auxiliary officers
 appointed prior to the effective date of this act shall  be  subject  to
 the training requirements in place at the time of their appointment.