BILL NUMBER: S5976

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to designating
fire marshals employed in the Long Island Rail Road Company Office of
the Fire Marshals as peace officers

 
PURPOSE:

To grant peace officer status to fire marshals employed in the Long
Island Rail Road Company Office of the Fire Marshals, similar to many
other jurisdictions in New York State where fire marshals are sworn
peace officers.

 
SUMMARY OF PROVISIONS:

Section 2.10 of the criminal procedure law is amended by adding a new
subdivision 86 to add fire marshals employed in the Long Island Rail
Road Company Office of the Fire Marshals to the list of persons desig-
nated as peace officers.
              

 
JUSTIFICATION:

On September 27, 1979, the Long Island Rail Road Fire Marshal's Office
was established as part of a transfer from the Long Island Rail Road
Police Department to the LIRR System Safety Department. Currently, the
Office of the Fire Marshal continues to perform many of the same duties
and responsibilities that its predecessors began with long ago, and such
has, expanded its duties in conjunction with the demands of changing
hazards. While times and technologies change, the goals of providing an
environment safe from threat of fire and other hazards remains as the
primary goal of the office. Criminal Procedure Law 2.10 provides a list
of agencies that are designated by an amendment to this law, many exam-
ples of which are Fire Marshals. A peace officer is a public official
who is charged with keeping the peace. These officers are granted
certain powers that they can use to fulfill their duties, including the
power to make arrests. Granting peace officer status to members of the
Long Island Rail Road Fire Marshal's Office will enhance the ability of
enforcement by providing a means and method to enforce regulations in
dealing with violations of the Uniform Code of New York that are consid-
ered to be misdemeanors under New York State Executive Law. Examples of
peace officers include game wardens, park rangers, sheriffs, marshals,
fire marshals, probation officers, and prison guards. Gaining this
designation will help the LIRR Office of Fire Marshals deal with viola-
tors of legal statutes caused by contractors" and other entities that
are outside the realm of specific leases and agreements held with the
Long Island Rail Road.

 
LEGISLATIVE HISTORY:

2021-22: S.8705 Referred to Codes

2019-20: S.3880 Passed Senate

2017-18: S.8507 Passed Senate

 
FISCAL IMPLICATIONS:
To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.