S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4934--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2013
                                      ___________
       Introduced  by  M.  of A. ABBATE, GOLDFEDER -- read once and referred to
         the Committee on Economic Development -- recommitted to the  Committee
         on  Economic Development in accordance with Assembly Rule 3, sec. 2 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN  ACT  to  amend  the  general  business law, in relation to exempting
         certain officers of the departments of correction  and  sanitation  of
         the  city  of New York from training requirements for security guards;
         and to amend the criminal procedure law, in  relation  to  designating
         correction officers of New York city as peace officers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs a, f and g of subdivision 4 of section  89-n  of
    2  the  general business law, paragraphs a and f as amended and paragraph g
    3  as added by chapter 221 of the laws of 2003, are amended and a new para-
    4  graph h is added to read as follows:
    5    a. a correction officer of any state correctional facility OR A MEMBER
    6  OF THE UNIFORMED CORRECTION FORCE OF THE NEW  YORK  CITY  DEPARTMENT  OF
    7  CORRECTION  having the powers of a peace officer pursuant to subdivision
    8  twenty-five of section 2.10 of the criminal procedure law;
    9    f. a police officer as defined in paragraphs (a), (b), (c), (d),  (e),
   10  (f),  (j),  (k),  (l), (o) and (p) of subdivision thirty-four of section
   11  1.20 of the criminal procedure  law  who  has  been  retired  from  such
   12  employment for a period not to exceed ten years, provided, however, that
   13  a retired police officer who has been retired from such employment for a
   14  period  in excess of ten years shall be required to provide proof to his
   15  or her security guard employer of his or her satisfactory completion  of
   16  an  eight hour annual in-service training course approved by the commis-
   17  sioner, and provided further, however, that a retired police officer who
   18  will be required by his or  her  security  guard  employer  to  carry  a
   19  firearm  or will be authorized to have access to a firearm shall provide
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05602-03-4
       A. 4934--A                          2
    1  to such employer proof of  his  or  her  satisfactory  completion  of  a
    2  forty-seven  hour  firearms training course approved by the commissioner
    3  and, if such firearms training course has not been completed within  one
    4  year  prior to such employment, satisfactory completion of an additional
    5  eight hour annual firearms in-service training course  approved  by  the
    6  commissioner,  such  training  course to be completed at least annually;
    7  [or]
    8    g. a peace officer as defined in subdivisions two, twenty and  twenty-
    9  five and paragraphs a and b of subdivision twenty-one of section 2.10 of
   10  the criminal procedure law who has been retired from such employment for
   11  a  period  not  to  exceed  ten years, provided, however, that a retired
   12  peace officer who has been retired from such employment for a period  in
   13  excess  of  ten  years  shall be required to provide proof to his or her
   14  security guard employer of his or  her  satisfactory  completion  of  an
   15  eight  hour  annual in-service training course approved by the municipal
   16  police training council, and provided further, however, that  a  retired
   17  peace officer who will be required by his or her security guard employer
   18  to  carry  a  firearm  or will be authorized to have access to a firearm
   19  shall provide  to  such  employer  proof  of  his  or  her  satisfactory
   20  completion  of  a  forty-seven hour firearms training course approved by
   21  the municipal police training council and,  if  such  firearms  training
   22  course  has  not  been  completed  within  one year prior to employment,
   23  satisfactory completion of an  additional  eight  hour  annual  firearms
   24  in-service  training  course  approved  by the municipal police training
   25  council, such training course to be completed at least annually[.]; OR
   26    H. AN OFFICER OR MEMBER OF THE SANITATION POLICE OF THE DEPARTMENT  OF
   27  SANITATION  OF THE CITY OF NEW YORK HAVING THE POWERS OF A PEACE OFFICER
   28  PURSUANT TO SUBDIVISION FIFTY-NINE  OF  SECTION  2.10  OF  THE  CRIMINAL
   29  PROCEDURE LAW.
   30    S 2.  Subdivision 25 of section 2.10 of the criminal procedure law, as
   31  amended  by  section 70 of subpart B of part C of chapter 62 of the laws
   32  of 2011, is amended to read as follows:
   33    25. Officials, as designated by the commissioner of the department  of
   34  corrections  and  community supervision pursuant to rules of the depart-
   35  ment, and correction officers of any state OR NEW YORK CITY correctional
   36  facility or of any penal correctional institution.
   37    S 3. This act shall take effect immediately.