Bill Text: NY A09383 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 9383 (Prior Session Legislation)

Introduced

Bill Title: Relates to peace officer residency requirements; provides that a peace officer may be a lawful permanent resident.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-11-10 - enacting clause stricken [A09383 Detail]

Download: New_York-2015-A09383-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          9383
                   IN ASSEMBLY
                                    February 29, 2016
                                       ___________
        Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the public officers law, in relation  to  peace  officer
          residency requirements
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The section heading and subdivision 1 of section 3-b of the
     2  public officers law, the section heading as amended by  chapter  404  of
     3  the laws of 2011 and subdivision 1 as amended by chapter 497 of the laws
     4  of 2012, are amended to read as follows:
     5    Special  peace  officers to be citizens or lawful permanent residents;
     6  other residency requirements. 1. No sheriff of  a  county,  mayor  of  a
     7  city, or official, or other persons authorized by law to appoint special
     8  deputy sheriffs, special constables, marshals, police officers, or peace
     9  officers  in  this  state,  to preserve the public peace or quell public
    10  disturbance, shall hereafter, at the instance  of  any  agent,  society,
    11  association  or corporation, or otherwise, appoint as such special depu-
    12  ty, special constable, marshal, police officer, or  peace  officer,  any
    13  person who shall not be a citizen of the United States or shall not have
    14  been  lawfully  admitted for permanent residency pursuant to federal law
    15  for at least twenty years and a resident of the state of New York,  and,
    16  if such person is a citizen of the United States, entitled to vote ther-
    17  ein at the time of his appointment, and a resident of the same county as
    18  the  mayor  or  sheriff  or  other  official  making  such  appointment;
    19  provided, however, that when, in the judgment of a sheriff of  a  county
    20  except  those  counties  within  the city of New York a situation exists
    21  which requires temporary additional assistance, such sheriff may appoint
    22  special deputy sheriffs who are non-residents of the  county  but  resi-
    23  dents  of the state of New York who shall hold office until such time as
    24  the appointing sheriff determines that the situation no  longer  exists;
    25  and  no person shall assume or exercise the functions, powers, duties or
    26  privileges incident and belonging to the office of special deputy  sher-
    27  iff,  special  constables,  marshal,  police  officer, or peace officer,
    28  without having first  received  his  appointment  in  writing  from  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14025-04-6