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