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A00478 Summary:

BILL NO    A00478A

SAME AS    SAME AS S00541-A

SPONSOR    Lancman

COSPNSR    

MLTSPNSR   

Amd S2.15, CP L

Relates to powers of certain federal law enforcement officers, including law
enforcement security officers, criminal investigator and police officers of the
Federal Protective Service.
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A00478 Actions:

BILL NO    A00478A

01/05/2011 referred to codes
05/04/2011 amend (t) and recommit to codes
05/04/2011 print number 478a
05/10/2011 reported 
05/12/2011 advanced to third reading cal.294
05/16/2011 passed assembly
05/16/2011 delivered to senate
05/16/2011 REFERRED TO CODES
06/15/2011 SUBSTITUTED FOR S541A
06/15/2011 3RD READING CAL.1089
06/15/2011 PASSED SENATE
06/15/2011 RETURNED TO ASSEMBLY
08/05/2011 delivered to governor
08/17/2011 signed chap.407
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A00478 Votes:

A00478A05/16/2011 137/0
AbbateYCastellYGalefYKatzYMcKevitYRabbittYStevensY
AbinantYCastroYGanttYKavanagYMcLaughYRaiaYSweeneyY
AmedoreYCerettoYGibsonYKellnerYMengYRamosYTediscoY
ArroyoYClarkYGiglioYKirwanERMill D YReilichYTenneyY
AubryYColtonYGlickYKolbERMill JMYReillyYThieleY
BarclayYConteYGoodellYLancmanYMill MGYRive J YTitoneY
BarronYCookYGottfriYLatimerYMillmanYRive N ERTitusY
BenedetYCorwinERGrafYLavineYMolinarYRive PMERTobaccoY
BingYCrespoYGuntherYLentolYMontesaYRobertsERWeinsteY
BlankenYCrouchYHannaYLiftonYMorelleYRobinsoYWeisenbER
BoylandYCurranYHawleyYLinaresYMoyaYRodriguYWeprinY
BoyleYCusickYHayesYLope PDYMurrayYRosenthYWrightY
BraunstYCymbrowYHeastieYLope VJYNolanYRussellYZebrowsY
BrennanYDenDekkYHevesiYLosquadYOaksYSaladinYMr SpkrY
BronsonYDinowitYHikindYLupardoYO'DonneYSaywardY
Brook KYDupreyYHooperYMageeYOrtizERScarborY
BurlingYEnglebrYHoytYMagnareYPalmesaYSchimelY
ButlerYFarrellYJacobsYMaiselYPaulinYSchimmiY
CahillYFinchYJaffeeYMalliotYPeoplesYSchroedY
CalhounYFitzpatYJeffrieYMarkeyYPerryYSimotasY
CamaraERFriendYJohnsYMcDonouYPretlowYSmardzY
CanestrYGabryszYJordanYMcEnenyYRaYSpanoY

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A00478 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A478A
 
SPONSOR: Lancman
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to powers of certain federal law enforcement officers   PURPOSE: To reaffirm that law enforcement security officers, criminal investigators and police officers of the Federal Protective Service of the U.S. Department of Homeland Security retain the powers of peace officers under New York State Law.   SUMMARY OF PROVISIONS: Section 1: Amends Criminal Procedure Law section 2.15 (6) to provide that law enforcement security officers, criminal investigators and police officers of the Federal Protective Service clearly retain the powers of a peace officer as enumerated in section 2.20 of the Criminal Procedure Law.   JUSTIFICATION: At one point, the Federal Protective Service was a branch of the General Services Administration and the U.S. Immigration and Customs Enforcement Department. The responsibility of the Federal Protective Service was then and continues to be to provide protection to the more than 9,000 facilities, owned and leased by the General Services Administration of the Federal Government, including many high profile federal facilities across New York State. Under CPL section 2.15(3) the Federal Protective Service was granted the powers of peace officers because it was a part of the U.S. Immigration and Customs Enforcement. However, in 2003, the Federal Protective Service was transferred to become part of the Department of Homeland Security, so their powers are no longer clearly delineated in statute. This bill amends Subdivision (6) to clearly include the officers within the Federal Protective Service, now under the U.S. Department of Home- land Security, and clearly reaffirm the powers that they possessed under other Federal agencies. Examples of other Federal law enforcement offi- cials that have these powers include members of the FBI, Secret Service, U.S. Marshals, U.S. Postal Service police officers and inspectors, and the Internal Revenue Service. As with these other branches, these offi- cers are part of a highly trained unit that should have the same power as the above named law enforcement agencies.   LEGISLATIVE HISTORY: A7115 (2010).   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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