Bill Text: NY S00247 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S00247 Detail]

Download: New_York-2017-S00247-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           247
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities
        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  22  of the laws of 1984, 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  policemen whose duty it shall be, under orders of the appropri-
     7  ate officer, to preserve peace and good  order  in  facilities  of  such
     8  office  and  to fully protect the grounds, buildings, and patients. Such
     9  safety officers [acting as special  policemen]  shall  possess  all  the
    10  powers  of  peace officers, as set forth in section 2.20 of the criminal
    11  procedure law[, while performing duties in or arising out of the  course
    12  of  their employment]. Such peace officers when acting pursuant to their
    13  special duties may issue and serve a simplified traffic information  and
    14  appearance  ticket,  in the form prescribed by the commissioner of motor
    15  vehicles pursuant to section two hundred seven of the vehicle and  traf-
    16  fic law, upon a person when he has reasonable cause to believe that such
    17  person  has  committed  a  traffic infraction in his presence, and shall
    18  have the power to issue and serve an appearance  ticket  as  defined  in
    19  section 150.10 of the criminal procedure law for an offense other than a
    20  felony in lieu of an arrest.
    21    §  2.  Subdivision  (a) of section 13.25 of the mental hygiene law, as
    22  amended by chapter 969 of the laws  of  1983,  is  amended  to  read  as
    23  follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03872-01-7
        S. 247                              2
     1    (a)  The commissioner and the directors of facilities under his juris-
     2  diction [may] shall designate safety officers to act as special  police-
     3  men  whose duty it shall be, under orders of the appropriate officer, to
     4  preserve peace and good order in such facilities and  to  fully  protect
     5  the  grounds,  buildings,  and patients. Such safety officers [acting as
     6  special policemen] shall possess all the powers of  peace  officers,  as
     7  set forth in section 2.20 of the criminal procedure law[, while perform-
     8  ing  duties  in or arising out of the course of their employment].  Such
     9  peace officers when acting pursuant to their special  duties  may  issue
    10  and serve a simplified traffic information and appearance ticket, in the
    11  form  prescribed  by  the  commissioner  of  motor  vehicles pursuant to
    12  section two hundred seven of the vehicle and traffic law, upon a  person
    13  when he has reasonable cause to believe that such person has committed a
    14  traffic  infraction  in  his presence, and shall have the power to issue
    15  and serve an appearance ticket as defined in section 150.10 of the crim-
    16  inal procedure law for an offense other than a  felony  in  lieu  of  an
    17  arrest.
    18    §  3.  Section 455 of the public health law, as amended by chapter 843
    19  of the laws of 1980, is amended to read as follows:
    20    § 455. Hospitals; special policemen; powers and duties. 1. The  direc-
    21  tor of each hospital in the department [may] shall designate [attendants
    22  or  other  employees]  safety officers to act as special policemen whose
    23  duty it shall be under  the  orders  of  the  director  to  protect  the
    24  grounds,  buildings  and patients of the hospital and to eject therefrom
    25  disorderly persons. Such [attendants and employees,  acting  as  special
    26  policemen,]  safety officers shall possess all the powers of peace offi-
    27  cers, as set forth in section 2.20 of the criminal  procedure  law[,  on
    28  the grounds and premises].
    29    2.  The designation of such [attendants and employees] safety officers
    30  as special policemen in pursuance hereof, shall not be deemed to  super-
    31  sede,  on  the  grounds  and premises of such hospital, the authority of
    32  peace or police officers of the jurisdiction within which such  hospital
    33  is located.
    34    § 4. This act shall take effect immediately.