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New York State Correctional Officers & Police Benevolent Association, Inc.

NYSCOPBA represents over 26,000 New York State employees and retirees from the Security Services Unit. Our Union was formed in May 1998 and since that time has provided superior representation to our membership under the independent and democratic model. Our Mission continued...

SSO Peace Officer

STATE OF NEW YORK
 
4615
2003-2004 Regular Sessions
IN SENATE
 
April 14, 2003
___________
Introduced  by  Sen.  LIBOUS -- 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 powers
10    of peace officers, as set forth in section 2.20 of the  criminal  proce-
11    dure  law,  while  performing  duties in or arising out of the course of
12    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.
LBD14197-01-3
S. 4615                             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 set
7    forth in section 2.20 of the criminal procedure  law,  while  performing
8    duties  in or arising out of the course of their employment.  Such peace
9    officers when acting pursuant to their  special  duties  may  issue  and
10    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 the
28    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.
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