S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1357
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. BUTTENSCHON, NORRIS -- read once and referred to
   the Committee on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   establishing  a dangerous employment benefit for law enforcement offi-
   cers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 65 to read as follows:
   §  65.  DANGEROUS  EMPLOYMENT  BENEFIT;  LAW  ENFORCEMENT OFFICERS. A.
 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE  CONTRARY,  EVERY
 LAW  ENFORCEMENT  OFFICER EMPLOYED WITHIN THE STATE SHALL RECEIVE A FIVE
 HUNDRED THOUSAND DOLLAR  DANGEROUS  EMPLOYMENT  BENEFIT  IF  HE  OR  SHE
 BECOMES  SERIOUSLY  PHYSICALLY  OR MENTALLY INCAPACITATED OR DIES AS THE
 RESULT OF AN INJURY, SUSTAINED IN THE PERFORMANCE OR DISCHARGE OF DUTIES
 OR AS THE NATURAL AND PROXIMATE RESULT  OF  AN  INCIDENT  THAT  OCCURRED
 DURING SUCH PERFORMANCE OF DUTIES.
   B. LAW ENFORCEMENT OFFICER SHALL MEAN:
   1. A SWORN MEMBER OF THE DIVISION OF STATE POLICE;
   2.  SHERIFFS,  UNDER-SHERIFFS, DEPUTY SHERIFFS OR CORRECTIONS OFFICERS
 OF COUNTIES OUTSIDE OF THE CITY OF NEW YORK;
   3. A SWORN OFFICER OF AN AUTHORIZED COUNTY OR  COUNTY  PARKWAY  POLICE
 DEPARTMENT;
   4.  A  SWORN  OFFICER OF AN AUTHORIZED POLICE DEPARTMENT OR FORCE OF A
 CITY, TOWN, VILLAGE OR POLICE DISTRICT;
   5. A SWORN OFFICER OF AN AUTHORIZED POLICE DEPARTMENT OF AN  AUTHORITY
 OR  A  SWORN  OFFICER OF THE STATE REGIONAL PARK POLICE IN THE OFFICE OF
 PARKS AND RECREATION;
   6. A SWORN OFFICER OF THE CAPITAL POLICE FORCE OF THE OFFICE OF GENER-
 AL SERVICES;
   7. AN INVESTIGATOR EMPLOYED IN THE OFFICE OF A DISTRICT ATTORNEY;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04937-01-3
              

 A. 1357                             2
 
   8. AN INVESTIGATOR EMPLOYED BY A COMMISSION CREATED BY  AN  INTERSTATE
 COMPACT  WHO  IS, TO A SUBSTANTIAL EXTENT, ENGAGED IN THE ENFORCEMENT OF
 THE CRIMINAL LAWS OF THIS STATE;
   9.  THE  CHIEF AND DEPUTY FIRE MARSHALS, THE SUPERVISING FIRE MARSHALS
 AND THE FIRE MARSHALS OF THE BUREAU OF FIRE  INVESTIGATION  OF  THE  NEW
 YORK CITY FIRE DEPARTMENT;
   10.  A SWORN OFFICER OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION;
   11. A SWORN OFFICER OF A POLICE FORCE OF A PUBLIC AUTHORITY CREATED BY
 AN INTERSTATE COMPACT;
   12. LONG ISLAND RAILROAD POLICE;
   13. A SPECIAL INVESTIGATOR EMPLOYED IN THE STATEWIDE  ORGANIZED  CRIME
 TASK  FORCE,  WHILE  PERFORMING  HIS  OR HER ASSIGNED DUTIES PURSUANT TO
 SECTION SEVENTY-A OF THE EXECUTIVE LAW;
   14. A SWORN OFFICER OF THE WESTCHESTER  COUNTY  DEPARTMENT  OF  PUBLIC
 SAFETY  SERVICES  WHO,  ON  OR PRIOR TO JUNE THIRTIETH, NINETEEN HUNDRED
 SEVENTY-NINE WAS APPOINTED AS A SWORN OFFICER OF THE DIVISION  OF  WEST-
 CHESTER  COUNTY  PARKWAY  POLICE  OR  WHO WAS APPOINTED ON OR AFTER JULY
 FIRST, NINETEEN HUNDRED SEVENTY-NINE TO THE  TITLE  OF  POLICE  OFFICER,
 SERGEANT,  LIEUTENANT, CAPTAIN OR INSPECTOR OR WHO, ON OR PRIOR TO JANU-
 ARY THIRTY-FIRST, NINETEEN HUNDRED  EIGHTY-THREE,  WAS  APPOINTED  AS  A
 WESTCHESTER COUNTY DEPUTY SHERIFF;
   15. A SWORN OFFICER OF THE WATER-SUPPLY POLICE EMPLOYED BY THE CITY OF
 NEW  YORK,  APPOINTED TO PROTECT THE SOURCES, WORKS, AND TRANSMISSION OF
 WATER SUPPLIED TO THE CITY OF NEW YORK, AND TO PROTECT PERSONS ON OR  IN
 THE VICINITY OF SUCH WATER SOURCES, WORKS, AND TRANSMISSION;
   16.  PERSONS APPOINTED AS RAILROAD POLICE OFFICERS PURSUANT TO SECTION
 EIGHTY-EIGHT OF THE RAILROAD LAW;
   17. 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 PARAGRAPH (C) OF SUBDIVISION FOUR
 OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, FOR THE PURPOSE OF APPLY-
 ING FOR AND EXECUTING SEARCH WARRANTS UNDER ARTICLE SIX  HUNDRED  NINETY
 OF  THE  CRIMINAL PROCEDURE LAW, 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 OF SECTION 2.10 OF THE CRIMINAL
 PROCEDURE LAW;
   18. ANY EMPLOYEE OF THE SUFFOLK COUNTY  DEPARTMENT  OF  PARKS  WHO  IS
 APPOINTED AS A SUFFOLK COUNTY PARK POLICE OFFICER;
   19.  A  UNIVERSITY  POLICE  OFFICER  APPOINTED BY THE STATE UNIVERSITY
 PURSUANT TO PARAGRAPH L OF SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
 FIFTY-FIVE OF THE EDUCATION LAW;
   20.  A SWORN OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OF THE BUFFALO
 MUNICIPAL HOUSING AUTHORITY WHO HAS ACHIEVED OR BEEN GRANTED THE  STATUS
 OF SWORN POLICE OFFICER AND HAS BEEN CERTIFIED BY THE DIVISION OF CRIMI-
 A. 1357                             3
 
 NAL JUSTICE SERVICES AS SUCCESSFULLY COMPLETING AN APPROVED BASIC COURSE
 FOR POLICE OFFICERS;
   21.  PERSONS  APPOINTED  AS INDIAN POLICE OFFICERS PURSUANT TO SECTION
 ONE HUNDRED FOURTEEN OF THE INDIAN LAW;
   22. SUPERVISOR OF FOREST  RANGER  SERVICES;  ASSISTANT  SUPERVISOR  OF
 FOREST  RANGER SERVICES; FOREST RANGER 3; FOREST RANGER 2; FOREST RANGER
 1 EMPLOYED BY THE STATE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  OR
 SWORN  OFFICER  OF THE DIVISION OF FOREST PROTECTION AND FIRE MANAGEMENT
 IN THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION  RESPONSIBLE  FOR  WILD
 LAND  SEARCH  AND  RESCUE,  WILD  LAND  FIRE  MANAGEMENT IN THE STATE AS
 PRESCRIBED IN SUBDIVISION EIGHTEEN OF SECTION 9-0105 AND TITLE ELEVEN OF
 ARTICLE NINE OF THE ENVIRONMENTAL  CONSERVATION  LAW,  EXERCISING  CARE,
 CUSTODY  AND  CONTROL  OF  STATE LANDS ADMINISTERED BY THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION.
   23. UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION OF  THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   C.  THE  DANGEROUS  EMPLOYMENT  BENEFIT SHALL NOT BE DIMINISHED BY ANY
 OTHER BENEFIT SUCH INDIVIDUAL OR HIS OR HER BENEFICIARY WOULD  BE  ENTI-
 TLED TO RECEIVE.
   §  2.  Section  50  of  the  legislative  law  shall  not apply to the
 provisions of this act.
   § 3. This act shall take effect immediately.