S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3606--A
           Cal. No. 180
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 7, 2013
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Consumer  Protection  --
         recommitted to the Committee on Consumer Protection in accordance with
         Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
         ordered to first and  second  report,  ordered  to  a  third  reading,
         amended  and  ordered  reprinted,  retaining its place in the order of
         third reading
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05602-02-4
       S. 3606--A                          2
    1  will  be  required  by  his  or  her  security guard employer to carry a
    2  firearm or will be authorized to have access to a firearm shall  provide
    3  to  such  employer  proof  of  his  or  her satisfactory completion of a
    4  forty-seven  hour  firearms training course approved by the commissioner
    5  and, if such firearms training course has not been completed within  one
    6  year  prior to such employment, satisfactory completion of an additional
    7  eight hour annual firearms in-service training course  approved  by  the
    8  commissioner,  such  training  course to be completed at least annually;
    9  [or]
   10    g. a peace officer as defined in subdivisions two, twenty and  twenty-
   11  five and paragraphs a and b of subdivision twenty-one of section 2.10 of
   12  the criminal procedure law who has been retired from such employment for
   13  a  period  not  to  exceed  ten years, provided, however, that a retired
   14  peace officer who has been retired from such employment for a period  in
   15  excess  of  ten  years  shall be required to provide proof to his or her
   16  security guard employer of his or  her  satisfactory  completion  of  an
   17  eight  hour  annual in-service training course approved by the municipal
   18  police training council, and provided further, however, that  a  retired
   19  peace officer who will be required by his or her security guard employer
   20  to  carry  a  firearm  or will be authorized to have access to a firearm
   21  shall provide  to  such  employer  proof  of  his  or  her  satisfactory
   22  completion  of  a  forty-seven hour firearms training course approved by
   23  the municipal police training council and,  if  such  firearms  training
   24  course  has  not  been  completed  within  one year prior to employment,
   25  satisfactory completion of an  additional  eight  hour  annual  firearms
   26  in-service  training  course  approved  by the municipal police training
   27  council, such training course to be completed at least annually[.]; OR
   28    H. AN OFFICER OR MEMBER OF THE SANITATION POLICE OF THE DEPARTMENT  OF
   29  SANITATION  OF THE CITY OF NEW YORK HAVING THE POWERS OF A PEACE OFFICER
   30  PURSUANT TO SUBDIVISION FIFTY-NINE  OF  SECTION  2.10  OF  THE  CRIMINAL
   31  PROCEDURE LAW.
   32    S 2.  Subdivision 25 of section 2.10 of the criminal procedure law, as
   33  amended  by  section 70 of subpart B of part C of chapter 62 of the laws
   34  of 2011, is amended to read as follows:
   35    25. Officials, as designated by the commissioner of the department  of
   36  corrections  and  community supervision pursuant to rules of the depart-
   37  ment, and correction officers of any state OR NEW YORK CITY correctional
   38  facility or of any penal correctional institution.
   39    S 3. This act shall take effect immediately.