Bill Text: NY A10146 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Relates to peace officer powers of safety officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-12 - referred to codes [A10146 Detail]

Download: New_York-2019-A10146-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          10146

                   IN ASSEMBLY

                                     March 12, 2020
                                       ___________

        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Codes

        AN  ACT  to  amend  the mental hygiene law and the public health law, in
          relation to peace officer powers of safety officers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision (a) of section 7.25 of the mental hygiene law,
     2  as amended by chapter 476 of the laws of 2018, is  amended  to  read  as
     3  follows:
     4    (a) The commissioner and the directors of in-patient facilities in the
     5  office  of mental health [may] shall designate safety officers to act as
     6  special police officers whose duty it shall  be,  under  orders  of  the
     7  appropriate  officer,  to preserve peace and good order in facilities of
     8  such office and to fully protect the grounds, buildings,  and  patients.
     9  Such  safety  officers [acting as special police officers] shall possess
    10  all the powers of peace officers, as set forth in section  2.20  of  the
    11  criminal  procedure  law[,  while performing duties in or arising out of
    12  the course of their employment]. Such peace officers when acting  pursu-
    13  ant  to  their  special  duties may issue and serve a simplified traffic
    14  information and appearance ticket, in the form prescribed by the commis-
    15  sioner of motor vehicles pursuant to section two hundred  seven  of  the
    16  vehicle  and  traffic  law,  upon a person when he or she has reasonable
    17  cause to believe that such person has committed a traffic infraction  in
    18  his  or  her  presence,  and  shall have the power to issue and serve an
    19  appearance ticket as defined in section 150.10 of the criminal procedure
    20  law for an offense other than a felony in lieu of an arrest.
    21    § 2. Subdivision (a) of section 13.25 of the mental  hygiene  law,  as
    22  amended  by  chapter  476  of  the  laws  of 2018, is amended to read as
    23  follows:
    24    (a) The commissioner and the directors of facilities under his or  her
    25  jurisdiction  [may]  shall  designate  safety officers to act as special
    26  police officers whose duty it shall be, under orders of the  appropriate
    27  officer,  to  preserve  peace  and  good order in such facilities and to
    28  fully protect the grounds, buildings, and patients. Such safety officers

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02194-02-0
        A. 10146                            2

     1  [acting as special police officers] shall  possess  all  the  powers  of
     2  peace  officers,  as set forth in section 2.20 of the criminal procedure
     3  law[, while performing duties in or arising out of the course  of  their
     4  employment].  Such  peace officers when acting pursuant to their special
     5  duties may issue and serve a simplified traffic information and  appear-
     6  ance  ticket,  in the form prescribed by the commissioner of motor vehi-
     7  cles pursuant to section two hundred seven of the  vehicle  and  traffic
     8  law,  upon  a person when he or she has reasonable cause to believe that
     9  such person has committed a traffic infraction in his or  her  presence,
    10  and  shall  have  the  power  to issue and serve an appearance ticket as
    11  defined in section 150.10 of the criminal procedure law for  an  offense
    12  other than a felony in lieu of an arrest.
    13    §  3.  Section 455 of the public health law, as amended by chapter 476
    14  of the laws of 2018, is amended to read as follows:
    15    § 455. Hospitals; special police officers; powers and duties.  1.  The
    16  director  of  each  hospital  in  the  department  [may] shall designate
    17  [attendants or other employees] safety officers to act as special police
    18  officers whose duty it shall be under the  orders  of  the  director  to
    19  protect the grounds, buildings and patients of the hospital and to eject
    20  therefrom  disorderly persons. Such [attendants and employees, acting as
    21  special police officers,] safety officers shall possess all  the  powers
    22  of  peace  officers, as set forth in section 2.20 of the criminal proce-
    23  dure law[, on the grounds and premises].
    24    2. The designation of such [attendants and employees] safety  officers
    25  as  special  police officers in pursuance hereof, shall not be deemed to
    26  supersede, on the grounds and premises of such hospital,  the  authority
    27  of peace or police officers of the jurisdiction within which such hospi-
    28  tal is located.
    29    § 4. This act shall take effect immediately.