STATE OF NEW YORK
________________________________________________________________________
155
2019-2020 Regular Sessions
IN SENATE
(Prefiled)
January 9, 2019
___________
Introduced by Sens. HELMING, AKSHAR, AMEDORE, RITCHIE, SAVINO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes
AN ACT to amend the criminal procedure law, the alcoholic beverage
control law, the administrative code of the city of New York, the
correction law, the civil rights law, the civil service law, the exec-
utive law, the general business law, the public authorities law, the
public health law, the public officers law, the penal law, the tax law
and the workers' compensation law, in relation to peace officers; and
to repeal certain provisions of the criminal procedure law relating
thereto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Sections 2.10 and 2.16 of the criminal procedure law are
2 REPEALED and a new section 2.10 is added to read as follows:
3 § 2.10 Persons designated as peace officers.
4 1. Notwithstanding the provisions of any general, special or local law
5 or charter to the contrary, the following persons shall have the powers
6 of, and shall be peace officers and shall have the authority to carry,
7 possess, repair, or dispose of a firearm without an appropriate license
8 therefor issued pursuant to section 400.00 of the penal law, and
9 provided that such person shall exercise the powers of a peace officer
10 only when he or she is acting pursuant to his or her special duties:
11 (a) Parole officers and warrant officers.
12 (a-1) Parole revocation specialists.
13 (b) Probation officers.
14 (c) Officials of the department of corrections and community super-
15 vision and correction officers of any state correctional facility,
16 appointed and designated by the commissioner as a peace officer;
17 correction officers of any penal correctional institution appointed and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04958-01-9
S. 155 2
1 designated by the sheriff of a county as a peace officer; and cell block
2 attendants employed by a police department appointed and designated by
3 the head of a police department as a peace officer.
4 (d) Uniformed court officers, court clerks, marshalls, and deputy
5 marshalls of the unified court system; court security officers, mars-
6 halls or court attendants appointed and designated as peace officers by
7 a city, town, village or sheriff.
8 (e) Bridge and tunnel officers, sergeants and lieutenants of the
9 Triborough bridge and tunnel authority.
10 (f) The sheriff, undersheriff, and deputy sheriffs of the city of New
11 York and sworn officers of the Westchester county department of public
12 safety services appointed after January thirty-first, nineteen hundred
13 eighty-three to the title of public safety officer and who performs the
14 functions previously performed by a Westchester county deputy sheriff on
15 or prior to such date.
16 2. Notwithstanding the provisions of any general, special or local law
17 or charter to the contrary, the following persons shall have the powers
18 of, and shall be peace officers, provided however that nothing in this
19 subdivision shall be deemed to authorize such officers to carry,
20 possess, repair or dispose of a firearm unless the appropriate license
21 therefor has been issued pursuant to section 400.00 of the penal law
22 unless such person was appointed prior to the effective date of this
23 act, and provided that such person shall exercise the powers of a peace
24 officer only when he or she is acting pursuant to his or her special
25 duties:
26 (a) Constables or police constables of a town or village, provided
27 such designation is not inconsistent with local law and appointed and
28 designated by the town or village as peace officers.
29 (b) Bay constables of the village of Mamaroneck and the towns of Hemp-
30 stead, Oyster Bay, South Hampton, North Hempstead and Islip who prior to
31 April third, nineteen hundred ninety-eight served as harbormaster for
32 such town and whose position was reclassified as bay constable for such
33 town prior to such date, appointed and designated by the town as peace
34 officers.
35 (c) Harbor masters appointed and designated by a county, city, town or
36 village as peace officers.
37 (d) Officers or agents of a duly incorporated society for the
38 prevention of cruelty to animals.
39 (e) Persons employed by a state or county or political subdivision of
40 the state or county assigned to the investigation and enforcement of any
41 criminal or tax law and designated by the state or county subdivision as
42 a peace officer.
43 (f) Uniformed housing guards of the Buffalo municipal housing authori-
44 ty.
45 (g) Persons appointed and designated as peace officers by the Niagara
46 frontier transportation authority, pursuant to subdivision thirteen of
47 section twelve hundred ninety-nine-e of the public authorities law.
48 3. Notwithstanding the provisions of any general, special or local law
49 or charter to the contrary, the following persons shall have the powers
50 of, and shall be peace officers provided however that nothing in this
51 subdivision shall be deemed to authorize such officers to carry,
52 possess, repair or dispose of a firearm unless the appropriate license
53 therefor has been issued pursuant to section 400.00 of the penal law and
54 the employer has authorized such officer to possess a firearm during any
55 phase of the officer's on-duty employment and provided that such person
S. 155 3
1 shall exercise the powers of a peace officer only when he or she is
2 acting pursuant to his or her special duties:
3 (a) Supervising fire inspectors, fire inspectors, fire marshalls,
4 chief fire marshalls, and assistant fire marshalls, fire prevention
5 employees, fire investigators employed by and appointed and designated
6 as a peace officer by the state, a county, city, or a political subdivi-
7 sion of the state, county or city or a fire department when acting
8 pursuant to their special duties in matters arising under the laws
9 relating to fires, the extinguishment thereof and fire perils.
10 (b) Persons employed by a college, university, sheriff or police
11 department as members of the security force of such college or universi-
12 ty for the protection of grounds, buildings, and property, the
13 prevention of crime and enforcement of law and order and the enforcement
14 of such rules and regulations of such college or university when desig-
15 nated by the college or university as a peace officer. The geographic
16 area of employment for peace officers employed by the University of
17 Rochester shall include any public street and sidewalk that abuts the
18 grounds, buildings or property of such university. Special deputy sher-
19 iffs appointed by the sheriff of Tompkins county for the protection of
20 the grounds, buildings and property of Ithaca college may, when
21 requested by the sheriff, provide assistance on any public highway which
22 crosses or adjoins such property. Syracuse University peace officers
23 appointed by the chief law enforcement officer of the city of Syracuse
24 for the protection of the grounds, buildings and property of Syracuse
25 University may, when requested by the chief law enforcement officer of
26 the city of Syracuse or his or her designee, including by means of writ-
27 ten protocols agreed to by the chief law enforcement officer of the city
28 of Syracuse and Syracuse University, provide assistance on any public
29 highway which crosses or adjoins such grounds or premises. Nothing in
30 this paragraph shall be deemed to limit any of the specific training
31 requirements set forth in the education law.
32 (c) Parole revocation specialists in the department of corrections and
33 community notification.
34 (d) The welfare inspector general and investigators designated by the
35 welfare inspector general.
36 (e) The workers' compensation fraud inspector general and investi-
37 gators designated by the workers' compensation fraud inspector general.
38 (f) Parks, recreation, or forest rangers employed by and appointed and
39 designated as peace officers by the state, a county or a political
40 subdivision of the state or county.
41 (g) Officers or agents of a duly incorporated society for the
42 prevention of cruelty to children in Rockland county.
43 (h) Special policemen designated by the commissioner and the directors
44 of in-patient facilities in the office of mental health pursuant to
45 section 7.25 of the mental hygiene law, and special policemen designated
46 by the commissioner and the directors of facilities under his jurisdic-
47 tion in the office for people with developmental disabilities pursuant
48 to section 13.25 of the mental hygiene law.
49 (i) Persons designated as special policemen by the director of a
50 hospital in the department of health pursuant to section four hundred
51 fifty-five of the public health law.
52 (j) Uniformed enforcement forces of the New York state thruway author-
53 ity, when acting pursuant to subdivision two of section three hundred
54 sixty-one of the public authorities law.
55 (k) Employees of the department of health designated pursuant to
56 section thirty-three hundred eighty-five of the public health law.
S. 155 4
1 (l) Bay constables of the city of Rye, the village of South Nyack and
2 bay constables of the towns of East Hampton, Riverhead, Southold, Islip,
3 Shelter Island, Brookhaven, Babylon, Smithtown and Huntington appointed
4 and designated by the town, city or village as peace officers.
5 (m) Patrolmen appointed and designated by the Lake George park commis-
6 sion as peace officers.
7 (n) Peace officers appointed and designated pursuant to the provisions
8 of the New York state defense emergency act, as set forth in chapter
9 seven hundred eighty-four of the laws of nineteen hundred fifty-one, as
10 amended, when acting pursuant to their special duties during a period of
11 attack or imminent attack by enemy forces, or during official drills
12 called to combat natural or man-made disasters, or during official
13 drills in preparation for an attack by enemy forces or in preparation
14 for a natural or man-made disaster; provided that such officer shall
15 have the powers set forth in section 2.20 of this article only during a
16 period of imminent or actual attack by enemy forces and during drills
17 authorized under section twenty-nine-b of the executive law, providing
18 for the use of civil defense forces in disasters. Notwithstanding any
19 other provision of law, such officers shall have the power to direct and
20 control traffic during official drills in preparation for an attack by
21 enemy forces or in preparation for combating natural or man-made disas-
22 ters; however, this grant does not include any of the other powers set
23 forth in section 2.20 of this article.
24 (o) New York city special patrolmen appointed by the police commis-
25 sioner provided, however, that nothing in this paragraph shall be deemed
26 to authorize such officer to carry a firearm for which the appropriate
27 license therefor has been issued pursuant to section 400.00 of the penal
28 law unless the employer has authorized such officer to possess a firearm
29 during any phase of the officers on-duty employment. Special patrolmen
30 shall have the powers set forth in section 2.20 of this article only
31 when they are acting pursuant to their special duties; provided, howev-
32 er, that the following categories of New York city special patrolmen
33 shall have such powers whether or not they are acting pursuant to their
34 special duties: school safety officers employed by the board of educa-
35 tion of the city of New York; parking control specialists, taxi and
36 limousine inspectors, urban park rangers and evidence and property
37 control specialists employed by the city of New York; and further
38 provided that, with respect to the aforementioned categories of New York
39 city special patrolmen, where such a special patrolman has been
40 appointed by the police commissioner and, upon the expiration of such
41 appointment the police commissioner has neither renewed such appointment
42 nor explicitly determined that such appointment shall not be renewed,
43 such appointment shall remain in full force and effect indefinitely,
44 until such time as the police commissioner expressly determines to
45 either renew or terminate such appointment.
46 (p) All officers and members of the uniformed force of the New York
47 city fire department as set forth and subject to any limitations
48 contained in the administrative code of the city of New York.
49 (q) Special policemen for horse racing, appointed and designated
50 pursuant to sections two hundred twenty-three, three hundred twelve and
51 four hundred twelve of the racing, pari-mutuel wagering and breeding
52 law.
53 (r) Waterfront and airport investigators, pursuant to subdivision four
54 of section 5-b of part II of the waterfront and airport commission act.
55 (s) Special patrolmen of a political subdivision, appointed pursuant
56 to section two hundred nine-v of the general municipal law.
S. 155 5
1 (t) Special officers employed by the city of New York or by the New
2 York city health and hospitals corporation. The New York city health and
3 hospitals corporation shall employ peace officers appointed pursuant to
4 this subdivision to perform the patrol, investigation, and maintenance
5 of the peace duties of special officer, senior special officer and
6 hospital security officer, provided however that nothing in this para-
7 graph shall prohibit managerial, supervisory, or state licensed or
8 certified professional employees of the corporation from performing such
9 duties where they are incidental to their usual duties, or shall prohib-
10 it police officers employed by the city of New York from performing
11 these duties.
12 (u) Fire police squads organized pursuant to section two hundred
13 nine-c of the general municipal law, at such times as the fire depart-
14 ment, fire company or an emergency rescue and first aid squad of the
15 fire department or fire company are on duty, or when, on orders of the
16 chief of the fire department or fire company of which they are members,
17 they are separately engaged in response to a call for assistance pursu-
18 ant to the provisions of section two hundred nine of the general munici-
19 pal law.
20 (v) Housing patrolmen of the Mount Vernon housing authority, appointed
21 and designated as peace officers and acting pursuant to rules of the
22 Mount Vernon housing authority.
23 (w) Persons appointed and designated as peace officers by the Sea Gate
24 Association pursuant to the provisions of chapter three hundred ninety-
25 one of the laws of nineteen hundred forty.
26 (x) New York state air base security guards when they are appointed
27 and designated as peace officers under military regulations promulgated
28 by the chief of staff to the governor and when performing their duties
29 as air base security guards pursuant to orders issued by appropriate
30 military authority.
31 (y) Members of the army national guard military police and air
32 national guard security personnel belonging to the organized militia of
33 the state of New York when they are appointed and designated as peace
34 officers under military regulations promulgated by the adjutant general
35 and when performing their duties as military policemen or air security
36 personnel pursuant to orders issued by appropriate military authority.
37 (z) Transportation supervisors in the city of White Plains appointed
38 and designated by the commissioner of public safety in the city of White
39 Plains as peace officers.
40 (aa) Security hospital treatment assistants, appointed and designated
41 by the commissioner of the office of mental health as peace officers
42 while performing duties in or arising out of the course of their employ-
43 ment.
44 (bb) Authorized agents of the municipal directors of weights and meas-
45 ures in the counties of Suffolk, Nassau and Westchester when acting
46 pursuant to their special duties as set forth in section one hundred
47 eighty-one of the agriculture and markets law.
48 (cc) Special policemen appointed and designated by a town as peace
49 officers pursuant to section one hundred fifty-eight of the town law.
50 (dd) Dog control and animal control officers appointed and designated
51 as peace officers by a political subdivision of the state.
52 (ee) Harbor park rangers employed by the Snug Harbor cultural center
53 in Richmond county and appointed as New York city special patrolmen by
54 the police commissioner pursuant to the administrative code of the city
55 of New York. Notwithstanding any provision of law, rule or regulation,
56 such officers shall be authorized to issue appearance tickets pursuant
S. 155 6
1 to section 150.20 of this chapter, and shall have such other powers as
2 are specified in section 2.20 of this article only when acting pursuant
3 to their special duties.
4 (ff) Officers of the Westchester county public safety emergency force,
5 when activated by the commissioner of public safety or the sheriff of
6 the county of Westchester.
7 (gg) Uniformed members of the security force of the Troy housing
8 authority appointed and designated by the Troy housing authority as
9 peace officers.
10 (hh) Officers and members of the sanitation police of the department
11 of sanitation of the city of New York, duly appointed and designated as
12 peace officers by such department. Provided, further, that nothing in
13 this paragraph shall be deemed to apply to officers and members of the
14 sanitation police regularly and exclusively assigned to enforcement of
15 such city's residential recycling laws.
16 (ii) Employees of the office of children and family services assigned
17 to transport and warrants units who are specifically designated by the
18 director in accordance with section five hundred four-b of the executive
19 law.
20 (jj) Employees appointed and designated as peace officers by a sheriff
21 pursuant to their special duties serving as uniformed marine patrol
22 officers.
23 (kk) Airport security guards, senior airport security guards, airport
24 security supervisors, retired police officers, and supervisors of same,
25 who are appointed and designated by resolution of the town board of the
26 town of Islip to provide security at Long Island MacArthur Airport when
27 acting pursuant to their duties as such, and such authority being
28 specifically limited to the grounds of the said airport.
29 (ll) Members of the security force employed and appointed and desig-
30 nated as peace officers by Erie County Medical Center.
31 (mm) Employees of the New York city business integrity commission
32 appointed and designated as peace officers by the chairperson of such
33 commission.
34 (nn) Members of the security force employed by Kaleida Health within
35 and directly adjacent to the hospital buildings on the medical campus
36 located between East North Street, Goodell Street, Main Street and
37 Michigan Avenue. These officers shall only have the powers listed in
38 paragraph (c) of subdivision one of section 2.20 of this article, as
39 well as the power to detain an individual for a reasonable period of
40 time while awaiting the arrival of law enforcement, provided that the
41 officer has actual knowledge, or probable cause to believe, that such
42 individual has committed an offense.
43 (oo) Watershed protection and enforcement officers appointed by the
44 city of Peekskill. Such officers shall only have the powers set forth in
45 paragraphs (a), (b), (c), (f), (g), and (h) of subdivision one of
46 section 2.20 of this article and, notwithstanding paragraph (b) of
47 subdivision thirty-four-a of section 1.20 of this title and paragraph
48 (b) of subdivision five of section 140.25 of this chapter, watershed
49 protection and enforcement officers are authorized to make arrests and
50 issue appearance tickets in those areas of the Hollow Brook watershed
51 and Wiccopee reservoir located outside of the city of Peekskill in the
52 counties of Putnam and Westchester, including along its reservoirs,
53 shoreline, and tributaries.
54 § 2. Subdivision 23 of section 105 of the alcoholic beverage control
55 law, as added by section 1 of part F of chapter 85 of the laws of 2002,
56 is amended to read as follows:
S. 155 7
1 23. All premises licensed under sections fifty-four, fifty-four-a,
2 sixty-three and seventy-nine of this chapter shall be subject to
3 inspection by any peace officer described in [subdivision four] para-
4 graph (e) of subdivision two of section 2.10 of the criminal procedure
5 law acting pursuant to his special duties, or police officer or any duly
6 authorized representative of the state liquor authority, during the
7 hours when the said premises are open for the transaction of business.
8 § 3. Paragraph 7 of subdivision a of section 10-131 of the administra-
9 tive code of the city of New York, as amended by chapter 195 of the laws
10 of 2005, is amended to read as follows:
11 7. A fee shall not be charged or collected for the issuance of a
12 license, or the renewal thereof, to have and carry concealed a pistol or
13 revolver which is issued upon the application of a qualified retired
14 police officer as defined in subdivision thirty-four of section 1.20 of
15 the criminal procedure law, or a qualified retired bridge and tunnel
16 officer, sergeant or lieutenant of the triborough bridge and tunnel
17 authority as defined under paragraph (e) of subdivision [twenty] one of
18 section 2.10 of the criminal procedure law, or a qualified retired
19 uniformed court officer in the unified court system, or a qualified
20 retired court clerk in the unified court system in the first and second
21 judicial departments, as defined in [paragraphs a and b of subdivision
22 twenty-one] paragraph (d) of subdivision one of section 2.10 of the
23 criminal procedure law or a retired correction officer as defined in
24 [subdivision twenty-five] paragraph (c) of subdivision one of section
25 2.10 of the criminal procedure law or a qualified retired sheriff,
26 undersheriff or deputy sheriff of the city of New York as defined under
27 paragraph (f) of subdivision [two] one of section 2.10 of the criminal
28 procedure law.
29 § 4. Subdivision (a) of section 11-4021 of the administrative code of
30 the city of New York, as amended by chapter 556 of the laws of 2011, is
31 amended to read as follows:
32 (a) Whenever a police officer designated in section 1.20 of the crimi-
33 nal procedure law or a peace officer designated in paragraph (e) of
34 subdivision [five] two of section 2.10 of such law, acting pursuant to
35 his special duties, shall discover any cigarettes subject to any tax
36 provided by chapter thirteen of this title, and upon which the tax has
37 not been paid or the stamps not affixed as required by such chapter,
38 they are hereby authorized and empowered forthwith to seize and take
39 possession of such cigarettes, together with any vending machine or
40 receptacle in which they are held for sale. Such cigarettes, vending
41 machine or receptacle seized by a police officer or such peace officer
42 shall be turned over to the commissioner of finance.
43 § 5. Paragraph 2 of subdivision (c) of section 11-4023 of the adminis-
44 trative code of the city of New York, as added by local law number 97 of
45 the city of New York for the year 2013, is amended to read as follows:
46 (2) Ten days after the date of such posting, and upon the written
47 directive of the commissioner, police officers designated in section
48 1.20 of the criminal procedure law and peace officers employed by the
49 department of finance, including but not limited to the sheriff, under-
50 sheriff and deputy sheriffs of the city of New York designated as peace
51 officers in paragraph (f) of subdivision [two] one of section 2.10 of
52 the criminal procedure law, are authorized to act upon and enforce such
53 orders.
54 § 6. Paragraph (a) of section 11-4024 of the administrative code of
55 the city of New York, as added by local law number 97 of the city of New
56 York for the year 2013, is amended to read as follows:
S. 155 8
1 (a) Whenever a police officer designated in section 1.20 of the crimi-
2 nal procedure law or a peace officer employed by the department of
3 finance, including but not limited to the sheriff, undersheriff or depu-
4 ty sheriffs of the city of New York designated as peace officers in
5 paragraph (f) of subdivision [two] one of section 2.10 of the criminal
6 procedure law, shall discover (1) any cigarettes subject to any tax
7 provided by chapter thirteen of this title, and upon which the tax has
8 been paid and the stamps affixed as required by such chapter, but such
9 cigarettes are sold, offered for sale or possessed by a person in
10 violation of section 11-1303, 17-703 or 20-202 of this code, or (2) any
11 flavored tobacco product that is sold, offered for sale or possessed
12 with intent to sell in violation of section 17-715 of this code, he or
13 she is hereby authorized and empowered forthwith to seize and take
14 possession of such cigarettes or flavored tobacco product, together with
15 any vending machine or receptacle in which such cigarettes or flavored
16 tobacco product are held for sale. Such cigarettes or flavored tobacco
17 product, vending machine or receptacle seized by such police officer or
18 such peace officer shall be turned over to the commissioner of finance.
19 § 7. Subdivision c of section 12-121 of the administrative code of the
20 city of New York, as added by chapter 427 of the laws of 2000, is
21 amended to read as follows:
22 c. City residence shall not be required as a condition of employment
23 for campus peace officers level I, level II and level III, as defined by
24 paragraph (o) of subdivision [twenty-seven] three of section 2.10 of the
25 criminal procedure law, employed by the city university of New York
26 before the effective date of this subdivision.
27 § 8. Subdivision a of section 17-182 of the administrative code of the
28 city of New York, as amended by local law number 22 of the city of New
29 York for the year 2002, is amended to read as follows:
30 a. Any corporation of government, the expenses of which are paid in
31 whole or in part from the city treasury, which provides health and
32 medical services and operates health facilities and which is authorized
33 to employ special officers having peace officer status as defined in
34 [New York Criminal Procedure Law § 2.10(40)] paragraph (t) of subdivi-
35 sion three of section 2.10 of the criminal procedure law, shall utilize
36 peace officers appointed pursuant to said subdivision to perform the
37 duties of special officer, senior special officer and hospital security
38 officer. The commissioner of the department of health and mental hygiene
39 shall enforce this requirement.
40 § 9. Subdivision 1 of section 120 of the correction law, as added by
41 chapter 202 of the laws of 2007, is amended to read as follows:
42 1. Except as provided in subdivisions two, three and four of this
43 section, the duty of maintaining the custody and supervision of persons
44 detained or confined in a correctional facility as defined in subdivi-
45 sion four of section two of this chapter, including a drug treatment
46 campus as defined in subdivision twenty of section two of this chapter,
47 or a local correctional facility as defined in subdivision sixteen of
48 section two of this chapter shall be performed solely by police officers
49 designated in paragraph (a), (b), (c), (d), (e), (g), (j) or (m) of
50 subdivision thirty-four of section 1.20 of the criminal procedure law or
51 peace officers designated in [subdivision twenty-five] paragraph (c) of
52 subdivision one of section 2.10 of the criminal procedure law, which
53 persons, whether employed full-time or part-time, shall be in the
54 competitive, non-competitive or exempt class of the civil service of New
55 York state as determined by state law or by the state or applicable
56 local civil service commission.
S. 155 9
1 § 10. Paragraph (q) of subdivision 34 of section 1.20 of the criminal
2 procedure law, as amended by section 55 of part K of chapter 61 of the
3 laws of 2011, is amended to read as follows:
4 (q) An employee of the department of taxation and finance (i) assigned
5 to enforcement of the taxes imposed under or pursuant to the authority
6 of article twelve-A of the tax law and administered by the commissioner
7 of taxation and finance, taxes imposed under or pursuant to the authori-
8 ty of article eighteen of the tax law and administered by the commis-
9 sioner, taxes imposed under article twenty of the tax law, or sales or
10 compensating use taxes relating to petroleum products or cigarettes
11 imposed under article twenty-eight or pursuant to the authority of arti-
12 cle twenty-nine of the tax law and administered by the commissioner or
13 (ii) [designated as a revenue crimes specialist and] assigned to the
14 enforcement of [the] taxes [described in] pursuant to paragraph [(c) of
15 subdivision four] (e) of subdivision two of section 2.10 of this title,
16 for the purpose of applying for and executing search warrants under
17 article six hundred ninety of this chapter, for the purpose of acting as
18 a claiming agent under article thirteen-A of the civil practice law and
19 rules in connection with the enforcement of the taxes referred to above
20 and for the purpose of [executing warrants of arrest relating to the
21 respective crimes specified in subdivision four] investigating or
22 enforcing a criminal law pursuant to paragraph (e) of subdivision two of
23 section 2.10 of this title.
24 § 11. Subdivision 1 of section 50-a of the civil rights law, as
25 amended by chapter 516 of the laws of 2014, is amended to read as
26 follows:
27 1. All personnel records used to evaluate performance toward continued
28 employment or promotion, under the control of any police agency or
29 department of the state or any political subdivision thereof including
30 authorities or agencies maintaining police forces of individuals defined
31 as police officers in section 1.20 of the criminal procedure law and
32 such personnel records under the control of a sheriff's department or a
33 department of correction of individuals employed as correction officers
34 and such personnel records under the control of a paid fire department
35 or force of individuals employed as firefighters or
36 firefighter/paramedics and such personnel records under the control of
37 the department of corrections and community supervision for individuals
38 defined as peace officers pursuant to [subdivisions twenty-three and
39 twenty-three-a] paragraphs (a), (a-1) and (b) of subdivision one of
40 section 2.10 of the criminal procedure law and such personnel records
41 under the control of a probation department for individuals defined as
42 peace officers pursuant to paragraph (b) of subdivision [twenty-four]
43 one of section 2.10 of the criminal procedure law shall be considered
44 confidential and not subject to inspection or review without the express
45 written consent of such police officer, firefighter,
46 firefighter/paramedic, correction officer or peace officer within the
47 department of corrections and community supervision or probation depart-
48 ment except as may be mandated by lawful court order.
49 § 12. Subdivision 1 of section 50-d of the civil rights law, as added
50 by chapter 517 of the laws of 1992, is amended to read as follows:
51 1. As used in this section, "personnel records of court officers"
52 means all personnel records of court officers as defined in [paragraph a
53 of] paragraph (d) of subdivision [twenty-one] one of section 2.10 of the
54 criminal procedure law, used to evaluate performance toward continued
55 employment or promotion, and under the control of the office of court
56 administration.
S. 155 10
1 § 13. Subdivision 1 of section 50-e of the civil rights law, as added
2 by chapter 578 of the laws of 1993, is amended to read as follows:
3 1. As used in this section, "personnel records of bridge and tunnel
4 officers, sergeants and lieutenants" means all personnel records of
5 bridge and tunnel officers, sergeants and lieutenants as defined in
6 paragraph (e) of subdivision [twenty] one of section 2.10 of the crimi-
7 nal procedure law, used to evaluate performance toward continued employ-
8 ment or promotion, and under the control of the Triborough bridge and
9 tunnel authority.
10 § 14. The opening paragraph of paragraph i of subdivision 1 of section
11 130 of the civil service law, as added by chapter 257 of the laws of
12 2012, is amended to read as follows:
13 Pursuant to the terms of an agreement between the state and an employ-
14 ee organization entered into pursuant to article fourteen of this chap-
15 ter covering members of the collective negotiating unit designated as
16 security supervisors who are employed by the state department of
17 corrections and community supervision and are designated as peace offi-
18 cers pursuant to paragraph (c) of subdivision [twenty-five] one of
19 section 2.10 of the criminal procedure law, effective on the dates indi-
20 cated, salary grades for positions in the competitive, non-competitive
21 and labor classes shall be as follows:
22 § 15. Subdivision 2 and the opening paragraph and paragraph (f) of
23 subdivision 4 of section 209 of the civil service law, as amended by
24 section 64 of subpart B of part C of chapter 62 of the laws of 2011, are
25 amended to read as follows:
26 2. Public employers are hereby empowered to enter into written agree-
27 ments with recognized or certified employee organizations setting forth
28 procedures to be invoked in the event of disputes which reach an impasse
29 in the course of collective negotiations. Such agreements may include
30 the undertaking by each party to submit unresolved issues to impartial
31 arbitration. In the absence or upon the failure of such procedures,
32 public employers and employee organizations may request the board to
33 render assistance as provided in this section, or the board may render
34 such assistance on its own motion, as provided in subdivision three of
35 this section, or, in regard to officers or members of any organized fire
36 department, or any unit of the public employer which previously was a
37 part of an organized fire department whose primary mission includes the
38 prevention and control of aircraft fires, police force or police depart-
39 ment of any county, city, town, village or fire or police district, or
40 detective-investigators, or rackets investigators employed in the office
41 of a district attorney of a county, or in regard to any organized unit
42 of troopers, commissioned or noncommissioned officers of the division of
43 state police, or in regard to investigators, senior investigators and
44 investigator specialists of the division of state police, or in regard
45 to members of collective negotiating units designated as security
46 services and security supervisors who are police officers, who are
47 forest ranger captains or who are employed by the state department of
48 corrections and community supervision and are designated as peace offi-
49 cers pursuant to paragraph (c) of subdivision [twenty-five] one of
50 section 2.10 of the criminal procedure law, or in regard to members of
51 the collective negotiating unit designated as the agency law enforcement
52 services unit who are police officers pursuant to subdivision thirty-
53 four of section 1.20 of the criminal procedure law or who are forest
54 rangers, or in regard to organized units of deputy sheriffs who are
55 engaged directly in criminal law enforcement activities that aggregate
56 more than fifty per centum of their service as certified by the county
S. 155 11
1 sheriff and are police officers pursuant to subdivision thirty-four of
2 section 1.20 of the criminal procedure law as certified by the municipal
3 police training council or Suffolk county correction officers or Suffolk
4 county park police, as provided in subdivision four of this section.
5 On request of either party or upon its own motion, as provided in
6 subdivision two of this section, and in the event the board determines
7 that an impasse exists in collective negotiations between such employee
8 organization and a public employer as to the conditions of employment of
9 officers or members of any organized fire department, or any other unit
10 of the public employer which previously was a part of an organized fire
11 department whose primary mission includes the prevention and control of
12 aircraft fires, police force or police department of any county, city,
13 town, village or fire or police district, and detective-investigators,
14 criminal investigators or rackets investigators employed in the office
15 of a district attorney, or as to the conditions of employment of members
16 of any organized unit of troopers, commissioned or noncommissioned offi-
17 cers of the division of state police or as to the conditions of employ-
18 ment of members of any organized unit of investigators, senior investi-
19 gators and investigator specialists of the division of state police, or
20 as to the terms and conditions of employment of members of collective
21 negotiating units designated as security services and security supervi-
22 sors, who are police officers, who are forest ranger captains or who are
23 employed by the state department of corrections and community super-
24 vision and are designated as peace officers pursuant to paragraph (c) of
25 subdivision [twenty-five] one of section 2.10 of the criminal procedure
26 law, or in regard to members of the collective negotiating unit desig-
27 nated as the agency law enforcement services unit who are police offi-
28 cers pursuant to subdivision thirty-four of section 1.20 of the criminal
29 procedure law or who are forest rangers, or as to the conditions of
30 employment of any organized unit of deputy sheriffs who are engaged
31 directly in criminal law enforcement activities that aggregate more than
32 fifty per centum of their service as certified by the county sheriff and
33 are police officers pursuant to subdivision thirty-four of section 1.20
34 of the criminal procedure law as certified by the municipal police
35 training council or Suffolk county correction officers or Suffolk county
36 park police, the board shall render assistance as follows:
37 (f) With regard to any members of collective negotiating units desig-
38 nated as security services or security supervisors, who are police offi-
39 cers, who are forest ranger captains or who are employed by the state
40 department of corrections and community supervision and are designated
41 as peace officers pursuant to paragraph (c) of subdivision [twenty-five]
42 one of section 2.10 of the criminal procedure law, or in regard to
43 members of the collective negotiating unit designated as the agency law
44 enforcement services unit who are police officers pursuant to subdivi-
45 sion thirty-four of section 1.20 of the criminal procedure law or who
46 are forest rangers, or in regard to detective-investigators, criminal
47 investigators or rackets investigators employed in the office of a
48 district attorney of a county contained within a city with a population
49 of one million or more, the provisions of this section shall only apply
50 to the terms of collective bargaining agreements directly relating to
51 compensation, including, but not limited to, salary, stipends, location
52 pay, insurance, medical and hospitalization benefits; and shall not
53 apply to non-compensatory issues including, but not limited to, job
54 security, disciplinary procedures and actions, deployment or scheduling,
55 or issues relating to eligibility for overtime compensation which shall
56 be governed by other provisions proscribed by law.
S. 155 12
1 § 16. Paragraph d of subdivision 8 of section 156-c of the executive
2 law, as amended by section 4 of part A of chapter 101 of the laws of
3 2013, is amended to read as follows:
4 d. Whenever any police officer designated in section 1.20 of the crim-
5 inal procedure law or a peace officer designated in paragraph (e) of
6 subdivision [four and subdivision seventy-nine pertaining to the Office
7 of Fire Prevention and Control,] two of section 2.10 of such law, acting
8 pursuant to his or her special duties, shall discover any cigarettes
9 which have not been marked in the manner required by subdivision six of
10 this section, such officer is hereby authorized and empowered to seize
11 and take possession of such cigarettes. Such seized cigarettes shall be
12 turned over to the commissioner of taxation and finance, and shall be
13 forfeited to the state. Cigarettes seized pursuant to this section shall
14 be destroyed.
15 § 17. Subdivision 4 of section 89-n of the general business law, as
16 amended by chapter 221 of the laws of 2003, is amended to read as
17 follows:
18 4. The provisions of this section shall not apply to a security guard
19 who is:
20 a. a correction officer of any state correctional facility having the
21 powers of a peace officer pursuant to paragraph (c) of subdivision
22 [twenty-five] one of section 2.10 of the criminal procedure law;
23 b. a bridge and tunnel officer, sergeant or lieutenant of the Tribor-
24 ough bridge and tunnel authority having the powers of a peace officer
25 pursuant to paragraph (e) of subdivision [twenty] one of section 2.10
26 the criminal procedure law;
27 c. a uniformed court officer of the unified court system having the
28 powers of a peace officer pursuant to paragraph (d) of subdivision
29 [twenty-one] one of section 2.10 of the criminal procedure law;
30 d. a court clerk having the powers of a peace officer pursuant to
31 paragraph (d) of subdivision [twenty-one] one of section 2.10 of the
32 criminal procedure law;
33 e. a deputy sheriff having the powers of a peace officer pursuant to
34 paragraph (f) of subdivision [two] one of section 2.10 the criminal
35 procedure law;
36 f. a police officer as defined in paragraphs (a), (b), (c), (d), (e),
37 (f), (j), (k), (l), (o) and (p) of subdivision thirty-four of section
38 1.20 of the criminal procedure law who has been retired from such
39 employment for a period not to exceed ten years, provided, however, that
40 a retired police officer who has been retired from such employment for a
41 period in excess of ten years shall be required to provide proof to his
42 or her security guard employer of his or her satisfactory completion of
43 an eight hour annual in-service training course approved by the commis-
44 sioner, and provided further, however, that a retired police officer who
45 will be required by his or her security guard employer to carry a
46 firearm or will be authorized to have access to a firearm shall provide
47 to such employer proof of his or her satisfactory completion of a
48 forty-seven hour firearms training course approved by the commissioner
49 and, if such firearms training course has not been completed within one
50 year prior to such employment, satisfactory completion of an additional
51 eight hour annual firearms in-service training course approved by the
52 commissioner, such training course to be completed at least annually; or
53 g. a peace officer as defined in [subdivisions two, twenty and twen-
54 ty-five and paragraphs a and b of subdivision twenty-one] paragraphs
55 (c), (d), (e), and (f) of subdivision one of section 2.10 of the crimi-
56 nal procedure law who has been retired from such employment for a period
S. 155 13
1 not to exceed ten years, provided, however, that a retired peace officer
2 who has been retired from such employment for a period in excess of ten
3 years shall be required to provide proof to his or her security guard
4 employer of his or her satisfactory completion of an eight hour annual
5 in-service training course approved by the municipal police training
6 council, and provided further, however, that a retired peace officer who
7 will be required by his or her security guard employer to carry a
8 firearm or will be authorized to have access to a firearm shall provide
9 to such employer proof of his or her satisfactory completion of a
10 forty-seven hour firearms training course approved by the municipal
11 police training council and, if such firearms training course has not
12 been completed within one year prior to employment, satisfactory
13 completion of an additional eight hour annual firearms in-service train-
14 ing course approved by the municipal police training council, such
15 training course to be completed at least annually.
16 § 18. Subdivision 13 of section 1299-e of the public authorities law,
17 as amended by chapter 816 of the laws of 1984, is amended to read as
18 follows:
19 13. To appoint or designate one or more persons for the purpose of
20 enforcing rules and regulations established by the authority, and to
21 compel the observance of law and order on the properties, facilities and
22 improvements of the authority for the protection and administration of
23 such property, facilities and improvements, and the traveling public
24 using such facilities. Each person as and when so appointed or desig-
25 nated shall be known as (a) a "Niagara frontier transportation authority
26 security officer or patrolman" and shall be a peace officer as set forth
27 in paragraph (g) of subdivision [forty-five] two of section 2.10 of the
28 criminal procedure law, or a police officer within the purview of subdi-
29 vision thirty-four of section 1.20 of the criminal procedure law or (b)
30 a "ticket inspector" and shall not be a peace officer or a police offi-
31 cer but, when so designated or appointed, shall be authorized to issue
32 and serve appearance tickets pursuant to section 150.20 of the criminal
33 procedure law with respect to violations of rules and regulations so
34 established.
35 § 19. Subdivision 4 of section 1399-ll of the public health law, as
36 added by chapter 262 of the laws of 2000, is amended to read as follows:
37 4. Whenever a police officer designated in section 1.20 of the crimi-
38 nal procedure law or a peace officer designated in paragraph (e) of
39 subdivision [four] two of section 2.10 of such law, acting pursuant to
40 his or her special duties, shall discover any cigarettes which have been
41 or which are being shipped or transported in violation of this section,
42 such person is hereby empowered and authorized to seize and take
43 possession of such cigarettes, and such cigarettes shall be subject to a
44 forfeiture action pursuant to the procedures provided for in article
45 thirteen-A of the civil practice law and rules, as if such article
46 specifically provided for forfeiture of cigarettes seized pursuant to
47 this section as a pre-conviction forfeiture crime.
48 § 20. Subdivisions 4, 5 and 7 of section 3-b of the public officers
49 law, subdivision 4 as added by chapter 404 of the laws of 2011, subdivi-
50 sion 5 as added by chapter 8 of the laws of 2013 and subdivision 7 as
51 added by chapter 418 of the laws of 2014, are amended to read as
52 follows:
53 4. Neither the provisions of this section or of any general, special
54 or local law, charter, code, ordinance, resolution, rule or regulation,
55 requiring a person to be a resident of the political subdivision or
56 municipal corporation of the state by which he or she is employed, shall
S. 155 14
1 apply to a person employed by a city with a population of over one
2 million in the titles of special officer, senior special officer, prin-
3 cipal special officer and supervising special officer as "special offi-
4 cer" is defined in paragraph (t) of subdivision [forty] three of section
5 2.10 of the criminal procedure law, evidence and property control
6 specialists, taxi and limousine inspector, taxi and limousine inspector
7 (motor vehicles), senior taxi and limousine inspector, senior taxi and
8 limousine inspector (motor vehicles), associate taxi and limousine
9 inspector, supervising taxi and limousine inspector, supervising taxi
10 and limousine inspector (motor vehicles), education facilities officers
11 L1 (formerly school guards), education facilities officers L2 (formerly
12 school safety officers), hospital security officers, campus security
13 officer, campus peace officer, college security specialist, campus
14 public safety sergeant, campus security assistant or school guard
15 (school safety agent), provided that he or she has completed two years
16 of employment with the city of New York and is a resident of New York,
17 Kings, Queens, Bronx, Richmond, Nassau, Westchester, Suffolk, Orange,
18 Rockland or Putnam county.
19 5. In respect to peace officers employed by Cornell university, and
20 assigned to the Ithaca campus, pursuant to section fifty-seven hundred
21 nine of the education law, the provisions of this section requiring a
22 person to be a resident of the same county as the appointing official
23 shall not prevent a person from serving as a peace officer for Cornell
24 university, or as a special deputy sheriff, and assigned to the Ithaca
25 campus, as defined in paragraph (b) of subdivision [forty-two] three of
26 section 2.10 of the criminal procedure law, provided that such person
27 resides in the state of New York.
28 7. Neither the provisions of this section or of any general, special
29 or local law, charter, code, ordinance, resolution, rule or regulation,
30 requiring a person to be a resident of the political subdivision or
31 municipal corporation of the state for which he or she shall be employed
32 or appointed or within which his or her official functions are required
33 to be exercised, shall apply to a person who is a member of the security
34 force employed or appointed by Kaleida Health as described in paragraph
35 (nn) of subdivision [eighty-three] three of section 2.10 of the criminal
36 procedure law, provided that such person resides in the county in which
37 such security force of Kaleida Health is located or an adjoining county
38 within the state. The provisions of this subdivision shall only apply to
39 a person who is a member of the security force employed by Kaleida
40 Health on the effective date of this subdivision.
41 § 21. Subdivision 20 of section 10.00 of the penal law, as added by
42 chapter 765 of the laws of 2005, is amended to read as follows:
43 20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
44 of this chapter, the term "peace officer" means a peace officer as
45 defined in [subdivision one, two, three, four, six, twelve, thirteen,
46 fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one,
47 twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,
48 twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
49 thirty-five, thirty-six, forty-three, forty-five, forty-seven, forty-
50 eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one, as
51 added by chapter two hundred fifty-seven of the laws of nineteen hundred
52 ninety-two, sixty-one, as added by chapter three hundred twenty-one of
53 the laws of nineteen hundred ninety-two, sixty-two, as added by chapter
54 two hundred four of the laws of nineteen hundred ninety-three, sixty-
55 two, as added by chapter six hundred eighty-seven of the laws of nine-
56 teen hundred ninety-three, sixty-three, as amended by chapter six
S. 155 15
1 hundred thirty-eight of the laws of two thousand three, sixty-four,
2 sixty-five, sixty-eight, as added by chapter one hundred sixty-eight of
3 the laws of two thousand, sixty-eight, as added by chapter three hundred
4 eighty-one of the laws of two thousand, seventy, seventy-one, seventy-
5 four, as added by chapter five hundred forty-eight of the laws of two
6 thousand one, seventy-five, as added by chapter three hundred twenty-one
7 of the laws of two thousand two, seventy-five, as added by chapter six
8 hundred twenty-three of the laws of two thousand two, seventy-seven, as
9 added by chapter three hundred sixty-seven of the laws of two thousand
10 four, seventy-eight or seventy-nine, as added by chapter two hundred
11 forty-one of the laws of two thousand four,] paragraphs (a), (a-1), (b),
12 (c), (d), (e), and (f) of subdivision one, paragraphs (a), (c), (e),
13 (f), (g), and (n) of subdivision two and paragraphs (a), (b), (c), (h),
14 (i), (j), (k), (l), (o), (p), (q), (r), (x), (y), (aa), (gg), and (kk)
15 of subdivision three of section 2.10 of the criminal procedure law, as
16 well as any federal law enforcement officer defined in section 2.15 of
17 the criminal procedure law.
18 § 22. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
19 125.26 of the penal law, as added by chapter 765 of the laws of 2005, is
20 amended to read as follows:
21 (ii) the intended victim was a peace officer as defined in [paragraph
22 a of subdivision twenty-one, subdivision twenty-three, twenty-four or
23 sixty-two (employees of the division for youth)] paragraph (a), (b) or
24 (d) of subdivision one of section 2.10 of the criminal procedure law who
25 was at the time of the killing engaged in the course of performing his
26 or her official duties, and the defendant knew or reasonably should have
27 known that the victim was such a uniformed court officer, parole offi-
28 cer, or probation officer[, or employee of the division for youth]; or
29 § 23. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
30 125.27 of the penal law, as amended by chapter 1 of the laws of 1995, is
31 amended to read as follows:
32 (ii) the intended victim was a peace officer as defined in [paragraph
33 a of subdivision twenty-one, subdivision twenty-three, twenty-four or
34 sixty-two (employees of the division for youth)] paragraph (a), (b) or
35 (d) of subdivision one of section 2.10 of the criminal procedure law who
36 was at the time of the killing engaged in the course of performing his
37 official duties, and the defendant knew or reasonably should have known
38 that the intended victim was such a uniformed court officer, parole
39 officer, or probation officer[, or employee of the division for youth];
40 or
41 § 24. Subdivisions 6 and 14 of section 400.00 of the penal law, subdi-
42 vision 6 as amended by chapter 318 of the laws of 2002, subdivision 14
43 as amended by chapter 195 of the laws of 2005, are amended to read as
44 follows:
45 6. License: validity. Any license issued pursuant to this section
46 shall be valid notwithstanding the provisions of any local law or ordi-
47 nance. No license shall be transferable to any other person or prem-
48 ises. A license to carry or possess a pistol or revolver, not otherwise
49 limited as to place or time of possession, shall be effective throughout
50 the state, except that the same shall not be valid within the city of
51 New York unless a special permit granting validity is issued by the
52 police commissioner of that city. Such license to carry or possess shall
53 be valid within the city of New York in the absence of a permit issued
54 by the police commissioner of that city, provided that (a) the firearms
55 covered by such license have been purchased from a licensed dealer with-
56 in the city of New York and are being transported out of said city
S. 155 16
1 forthwith and immediately from said dealer by the licensee in a locked
2 container during a continuous and uninterrupted trip; or provided that
3 (b) the firearms covered by such license are being transported by the
4 licensee in a locked container and the trip through the city of New York
5 is continuous and uninterrupted; or provided that (c) the firearms
6 covered by such license are carried by armored car security guards
7 transporting money or other valuables, in, to, or from motor vehicles
8 commonly known as armored cars, during the course of their employment;
9 or provided that (d) the licensee is a retired police officer as police
10 officer is defined pursuant to subdivision thirty-four of section 1.20
11 of the criminal procedure law or a retired federal law enforcement offi-
12 cer, as defined in section 2.15 of the criminal procedure law, who has
13 been issued a license by an authorized licensing officer as defined in
14 subdivision ten of section 265.00 of this chapter; provided, further,
15 however, that if such license was not issued in the city of New York it
16 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
17 ment Officer", as the case may be, and, in the case of a retired officer
18 the license shall be deemed to permit only police or federal law
19 enforcement regulations weapons; or provided that (e) the licensee is a
20 peace officer described in paragraph (e) of subdivision [four] two of
21 section 2.10 of the criminal procedure law and the license, if issued by
22 other than the city of New York, is marked "New York State Tax Depart-
23 ment Peace Officer" and in such case the exemption shall apply only to
24 the firearm issued to such licensee by the department of taxation and
25 finance. A license as gunsmith or dealer in firearms shall not be valid
26 outside the city or county, as the case may be, where issued.
27 14. Fees. In the city of New York and the county of Nassau, the annual
28 license fee shall be twenty-five dollars for gunsmiths and fifty dollars
29 for dealers in firearms. In such city, the city council and in the coun-
30 ty of Nassau the Board of Supervisors shall fix the fee to be charged
31 for a license to carry or possess a pistol or revolver and provide for
32 the disposition of such fees. Elsewhere in the state, the licensing
33 officer shall collect and pay into the county treasury the following
34 fees: for each license to carry or possess a pistol or revolver, not
35 less than three dollars nor more than ten dollars as may be determined
36 by the legislative body of the county; for each amendment thereto, three
37 dollars, and five dollars in the county of Suffolk; and for each license
38 issued to a gunsmith or dealer in firearms, ten dollars. The fee for a
39 duplicate license shall be five dollars. The fee for processing a
40 license transfer between counties shall be five dollars. The fee for
41 processing a license or renewal thereof for a qualified retired police
42 officer as defined under subdivision thirty-four of section 1.20 of the
43 criminal procedure law, or a qualified retired sheriff, undersheriff, or
44 deputy sheriff of the city of New York as defined under paragraph (f) of
45 subdivision [two] one of section 2.10 of the criminal procedure law, or
46 a qualified retired bridge and tunnel officer, sergeant or lieutenant of
47 the triborough bridge and tunnel authority as defined under paragraph
48 (e) of subdivision [twenty] one of section 2.10 of the criminal proce-
49 dure law, or a qualified retired uniformed court officer in the unified
50 court system, or a qualified retired court clerk in the unified court
51 system [in the first and second judicial departments], as defined in
52 [paragraphs a and b] paragraph (d) of subdivision [twenty-one] one of
53 section 2.10 of the criminal procedure law or a retired correction offi-
54 cer as defined in paragraph (c) of subdivision [twenty-five] one of
55 section 2.10 of the criminal procedure law shall be waived in all coun-
56 ties throughout the state.
S. 155 17
1 § 25. Paragraph 3 of subdivision (a) of section 1815 of the tax law,
2 as amended by section 29 of subpart I of part V1 of chapter 57 of the
3 laws of 2009, is amended to read as follows:
4 (3) For the purposes of conferring jurisdiction upon courts and police
5 officers, and on the officers specified in paragraph (e) of subdivision
6 [four] two of section 2.10 of the criminal procedure law and on judicial
7 officers generally, such violations shall be deemed traffic infractions
8 and for such purpose only all provisions of law relating to traffic
9 infractions shall apply to such violations; provided, however, that the
10 commissioner of motor vehicles, any hearing officer appointed by him, or
11 any administrative tribunal authorized to hear and determine any charges
12 or offenses which are traffic infractions shall not have jurisdiction of
13 such infractions.
14 § 26. Subdivision (a) of section 1845 of the tax law, as added by
15 chapter 508 of the laws of 1993, is amended to read as follows:
16 (a) Temporary seizure. Whenever a police officer designated in section
17 1.20 of the criminal procedure law or a peace officer designated in
18 paragraph (e) of subdivision [four] two of section 2.10 of such law,
19 acting pursuant to his special duties, shall discover more than ninety
20 liters of liquors which are being imported for sale or use in the state,
21 where the person importing or causing such liquors to be imported is not
22 registered as a distributor under section four hundred twenty-one of
23 this chapter, such police officer or peace officer is hereby authorized
24 to seize and take possession of such liquors, and to seize and take
25 possession of the vehicle or other means of transportation used to
26 transport such liquors.
27 § 27. Subdivisions (a) and (a-1) of section 1846 of the tax law, as
28 amended by chapter 556 of the laws of 2011, are amended to read as
29 follows:
30 (a) Whenever a police officer designated in section 1.20 of the crimi-
31 nal procedure law or a peace officer designated in paragraph (e) of
32 subdivision [four] two of section 2.10 of such law, acting pursuant to
33 his or her special duties, shall discover any cigarettes subject to tax
34 provided by article twenty of this chapter or by chapter thirteen of
35 title eleven of the administrative code of the city of New York, and
36 upon which the tax has not been paid or the stamps not affixed as
37 required by such article or such chapter thirteen, they are hereby
38 authorized and empowered forthwith to seize and take possession of such
39 cigarettes, together with any vending machine or receptacle in which
40 they are held for sale. Such cigarettes, vending machine or receptacle
41 seized by a police officer or such peace officer shall be turned over to
42 the commissioner. Such seized cigarettes, vending machine or receptacle,
43 not including money contained in such vending machine or receptacle,
44 shall be forfeited to the state. The commissioner may, within a reason-
45 able time thereafter, upon publication of a notice to such effect for at
46 least five successive days, before the day of sale, in a newspaper
47 published or circulated in the county where the seizure was made, sell
48 such forfeited vending machines or receptacles at public sale and pay
49 the proceeds into the state treasury to the credit of the general fund.
50 Notwithstanding any other provision of this section, the commissioner
51 may enter into an agreement with any city of this state which is author-
52 ized to impose a tax similar to that imposed by article twenty of this
53 chapter to provide for the disposition between the state and any such
54 city of the proceeds from any such sale. All cigarettes forfeited to
55 the state shall be destroyed or used for law enforcement purposes,
56 except that cigarettes that violate, or are suspected of violating,
S. 155 18
1 federal trademark laws or import laws shall not be used for law enforce-
2 ment purposes. If the commissioner determines the cigarettes may not be
3 used for law enforcement purposes, the commissioner must, within a
4 reasonable time after the forfeiture of such cigarettes, upon publica-
5 tion in the state registry, destroy such forfeited cigarettes. The
6 commissioner may, prior to any destruction of cigarettes, permit the
7 true holder of the trademark rights in the cigarettes to inspect such
8 forfeited cigarettes in order to assist in any investigation regarding
9 such cigarettes.
10 (a-1) Whenever a police officer designated in section 1.20 of the
11 criminal procedure law or a peace officer designated in paragraph (e) of
12 subdivision [four] two of section 2.10 of such law, acting pursuant to
13 his or her special duties, shall discover any cigarettes which have been
14 stamped in violation of section four hundred eighty-b of this chapter,
15 such officer is hereby authorized and empowered forthwith to seize and
16 take possession of such cigarettes, and such cigarettes shall be subject
17 to a forfeiture action pursuant to the procedures provided for in arti-
18 cle thirteen-A of the civil practice law and rules, as if such article
19 specifically provided for forfeiture of cigarettes seized pursuant to
20 this section as a preconviction forfeiture crime. Subdivisions (b), (c)
21 and (d) of this section shall not apply to cigarettes seized pursuant to
22 this subdivision.
23 § 28. Subdivisions (a) and (a-1) of section 1846-a of the tax law, as
24 amended by chapter 556 of the laws of 2011, are amended to read as
25 follows:
26 (a) Whenever a police officer designated in section 1.20 of the crimi-
27 nal procedure law or a peace officer designated in paragraph (e) of
28 subdivision [four] two of section 2.10 of such law, acting pursuant to
29 his special duties, shall discover any tobacco products in excess of
30 five hundred cigars or ten pounds of tobacco which are being imported
31 for sale in the state where the person importing or causing such tobacco
32 products to be imported has not been appointed as a distributor pursuant
33 to section four hundred seventy-two of this chapter, such police officer
34 or peace officer is hereby authorized and empowered forthwith to seize
35 and take possession of such tobacco products. Such tobacco products
36 seized by a police officer or peace officer shall be turned over to the
37 commissioner. Such seized tobacco products shall be forfeited to the
38 state. All tobacco products forfeited to the state shall be destroyed or
39 used for law enforcement purposes, except that tobacco products that
40 violate, or are suspected of violating, federal trademark laws or import
41 laws shall not be used for law enforcement purposes. If the commissioner
42 determines the tobacco products may not be used for law enforcement
43 purposes, the commissioner must, within a reasonable time thereafter,
44 upon publication in the state registry of a notice to such effect before
45 the day of destruction, destroy such forfeited tobacco products. The
46 commissioner may, prior to any destruction of tobacco products, permit
47 the true holder of the trademark rights in the tobacco products to
48 inspect such forfeited products in order to assist in any investigation
49 regarding such tobacco products.
50 (a-1) Whenever a police officer designated in section 1.20 of the
51 criminal procedure law or a peace officer designated in paragraph (e) of
52 subdivision [four] two of section 2.10 of the criminal procedure law,
53 acting pursuant to his or her special duties, discovers any roll-your-
54 own tobacco that is in violation of section four hundred eighty-c of
55 this chapter, the officer is authorized and empowered to seize and take
56 possession of the roll-your-own tobacco, and the roll-your-own tobacco
S. 155 19
1 is subject to a forfeiture action under the procedures provided for in
2 article thirteen-A of the civil practice law and rules, as if that arti-
3 cle specifically provided for forfeiture of roll-your-own tobacco seized
4 under this section as a preconviction forfeiture crime. Subdivisions (b)
5 and (c) of this section do not apply to roll-your-own tobacco seized
6 pursuant to this subdivision.
7 § 29. Subdivisions (a) and (b) of section 1847 of the tax law, subdi-
8 vision (a) as amended by section 3 of part E of chapter 93 of the laws
9 of 2002, subdivision (b) as added by chapter 61 of the laws of 1989, are
10 amended to read as follows:
11 (a) Any peace officer designated in paragraph (e) of subdivision [four
12 or five] two of section 2.10 of the criminal procedure law, acting
13 pursuant to his or her special duties, or any police officer designated
14 in section 1.20 of the criminal procedure law may seize any vehicle or
15 other means of transportation used to transport or for the deposit or
16 concealment of more than one hundred unstamped or unlawfully stamped
17 packages of cigarettes subject to tax under article twenty of this chap-
18 ter or by chapter thirteen of title eleven of the administrative code of
19 the city of New York, other than a vehicle or other means of transporta-
20 tion used by any person as a common carrier in transaction of business
21 as such common carrier, and such vehicle or other means of transporta-
22 tion shall be subject to forfeiture as hereinafter in this section
23 provided.
24 (b) Any peace officer designated in paragraph (e) of subdivision
25 [four] two of section 2.10 of the criminal procedure law, acting pursu-
26 ant to his special duties, or any police officer designated in section
27 1.20 of the criminal procedure law may seize any vehicle or other means
28 of transportation used to import tobacco products in excess of five
29 hundred cigars or ten pounds of tobacco for sale where the person
30 importing or causing such tobacco products to be imported has not been
31 appointed a distributor pursuant to section four hundred seventy-two of
32 this chapter, other than a vehicle or other means of transportation used
33 by any person as a common carrier in transaction of business as such
34 common carrier, and such vehicle or other means of transportation shall
35 be subject to forfeiture as hereinafter in this section provided.
36 § 30. Subdivision (a) of section 1848 of the tax law, as amended by
37 section 54 of part K of chapter 61 of the laws of 2011, is amended to
38 read as follows:
39 (a) Temporary seizure. Whenever a police officer designated in section
40 1.20 of the criminal procedure law or a peace officer designated in
41 paragraph (e) of subdivision [four] two of section 2.10 of such law,
42 acting pursuant to his special duties, shall discover any motor fuel or
43 diesel motor fuel which is being imported for use, distribution, storage
44 or sale in the state where the person importing or causing such motor
45 fuel or diesel motor fuel to be imported is not registered as a distrib-
46 utor under section two hundred eighty-three or section two hundred
47 eighty-two-a, of this chapter, as the case may be, such police officer
48 or peace officer is hereby authorized to seize and take possession of
49 such motor fuel or diesel motor fuel, together with the vehicle or other
50 means of transportation used to transport such motor fuel.
51 § 31. Section 47 of the workers' compensation law, as amended by chap-
52 ter 597 of the laws of 2004, is amended to read as follows:
53 § 47. Presumption as to the cause of disease. If the employee, at or
54 immediately before the date of disablement, was employed in any process
55 mentioned in the second column of the schedule of diseases in subdivi-
56 sion two of section three of this chapter, and his or her disease is the
S. 155 20
1 disease in the first column of such schedule set opposite the
2 description of the process, the disease presumptively shall be deemed to
3 have been due to the nature of that employment. Any exposure to the
4 hazards of compressed air after July first, nineteen hundred forty-six
5 shall be presumed, in the absence of substantial evidence to the contra-
6 ry, to be injurious exposure. Any exposure to the hazards of harmful
7 dust in this state for a period of sixty days after September first,
8 nineteen hundred thirty-five, shall be presumed, in the absence of
9 substantial evidence to the contrary, to be an injurious exposure. With
10 respect to any state or local correction officer as defined in paragraph
11 (c) of subdivision [twenty-five] one of section 2.10 of the criminal
12 procedure law, safety and security officer employed by the office of
13 mental health, security hospital treatment assistant employed by the
14 office of mental health, any uniformed court officer or court clerk of
15 the unified court system having the powers of peace officer, the court
16 reporter or the court interpreter, an exposure to the blood or bodily
17 fluid of an individual, incarcerated, confined or otherwise, during the
18 course of his or her employment that is reported in writing to such
19 correction officer's, safety and security officer's, security hospital
20 treatment assistant's, uniformed court officer's, court clerk's, court
21 reporter's or court interpreter's employer within twenty-four hours of
22 such exposure, shall be presumed, in the absence of substantial evidence
23 to the contrary, to be an injurious exposure if, subsequent to such
24 exposure, such correction officer, safety and security officer, security
25 hospital treatment assistant, uniformed court officer, court clerk,
26 court reporter or court interpreter is diagnosed with a blood-borne
27 disease, including, but not limited to hepatitis C.
28 § 32. This act shall take effect immediately.