Authorizes public transit agencies to hire former police officers as transit security marshals having peace officer status, provided they complete trainings and meet medical and physical fitness standards.
STATE OF NEW YORK
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11054
IN ASSEMBLY
April 24, 2026
___________
Introduced by M. of A. BROOK-KRASNY, CHANG, NOVAKHOV -- read once and
referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the retirement and social
security law, in relation to authorizing public transit agencies to
hire former police officers as transit security marshals having peace
officer status
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2.10 of the criminal procedure law is amended by
2 adding a new subdivision 88 to read as follows:
3 88. (a) Transit security marshals, while acting in the scope of their
4 official duties and within facilities, conveyances, and geographic areas
5 owned, operated, or controlled by the appointing public transit agency,
6 or as otherwise specifically authorized by agreement with a law enforce-
7 ment agency having jurisdiction; provided, however, that nothing in this
8 subdivision shall be deemed to authorize any such transit security
9 marshal to carry, possess, repair or dispose of a firearm unless:
10 (i) the appropriate license therefor has been issued pursuant to
11 section 400.00 of the penal law;
12 (ii) such transit security marshal has been specifically authorized to
13 do so by the appointing authority; and
14 (iii) such transit security marshal has successfully completed an
15 approved firearms training and qualification program consistent with
16 standards established by the division of criminal justice services, and
17 such transit security marshal maintains periodic requalification as
18 required by such standards.
19 (b) The appointing authority shall ensure that each transit security
20 marshal:
21 (i) completes initial and ongoing training, including use of force,
22 de-escalation, and legal authority;
23 (ii) meets medical and physical fitness standards established by the
24 appointing authority in consultation with applicable law enforcement
25 agencies; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15457-01-6
A. 11054 2
1 (iii) remains in compliance with all applicable state and federal laws
2 governing the exercise of peace officer authority.
3 (c) Nothing in this subdivision shall be construed to supersede or
4 limit the jurisdiction of any other law enforcement agency.
5 (d) For the purposes of this subdivision, the following terms shall
6 have the following meanings:
7 (i) "Transit security marshal" means a person who:
8 (1) is a former police officer;
9 (2) is appointed by a public transit agency in coordination with, or
10 by, a law enforcement agency having jurisdiction;
11 (3) has satisfied the training requirements set forth in section 2.30
12 of this article for peace officers; and
13 (4) meets any applicable certification and qualification standards
14 established pursuant to this subdivision.
15 (ii) "Public transit agency" means any public benefit corporation
16 created pursuant to the public authorities law, or any state, regional,
17 or local governmental entity, that operates or contracts for the opera-
18 tion of buses, trains, subways, commuter rail, or other mass transit
19 services for the general public within New York state, including but not
20 limited to the metropolitan transportation authority and its subsid-
21 iaries, regional transit commissions, and municipal transit operators.
22 (iii) "Former police officer" means a person who previously served as
23 a police officer and who separated from such service in good standing,
24 as determined by the appointing authority, and who is not currently
25 serving as a police officer or peace officer.
26 § 2. Subparagraphs 2, 4 and 5 of paragraph (b) of subdivision 2 of
27 section 211 of the retirement and social security law, as amended by
28 chapter 640 of the laws of 2008, are amended and a new subparagraph 6 is
29 added to read as follows:
30 (2) that [he or she] such retired person will earn more than one thou-
31 sand dollars in one year, including compensation earned in such position
32 under other provisions of this article that there are not readily avail-
33 able for recruitment persons qualified to perform the duties of such
34 position; [and (4)];]
35 (4) that [his or her] such retired person's employment is in the best
36 interests of the government service; [and]
37 (5)(i) that there is an urgent need for [his or her] such retired
38 person's services in such position as a result of an unplanned, unpre-
39 dictable and unexpected vacancy where sufficient time is not available
40 to recruit a qualified individual and that such hiring shall be deemed
41 as non-permanent rather than a final filling of such position; or
42 (ii) that the prospective employer has undertaken extensive recruit-
43 ment efforts to fill such vacancy and as a result thereof, has deter-
44 mined that there are no available non-retired persons qualified to
45 perform the duties of such position[.]; and
46 (6) that in the case of a person employed as a transit security
47 marshal, as defined by subdivision eighty-eight of section 2.10 of the
48 criminal procedure law, the duties of such transit security marshal
49 shall be limited to providing safety and security services within the
50 scope authorized by subdivision eighty-eight of section 2.10 of the
51 criminal procedure law.
52 § 3. Section 212 of the retirement and social security law is amended
53 by adding a new subdivision 4 to read as follows:
54 4. (a) Notwithstanding the provisions of subdivisions one and two of
55 this section, the earnings limitations set forth therein shall not apply
56 to a retired person who:
A. 11054 3
1 (i) previously served as a police officer as defined by subdivision
2 thirty-four of section 1.20 of the criminal procedure law and separated
3 from such service in good standing;
4 (ii) is employed as a transit security marshal, as defined by subdivi-
5 sion eighty-eight of section 2.10 of the criminal procedure law;
6 (iii) is determined, pursuant to objective standards established by
7 the appointing authority, to be physically and mentally fit to perform
8 the duties of such position; and
9 (iv) has completed all required training and certification applicable
10 to such position.
11 (b) The exemption provided under this subdivision shall apply solely
12 to employment in the title of transit security marshal under subdivision
13 eighty-eight of section 2.10 of the criminal procedure law and shall not
14 extend to any other position.
15 § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
16 sion, section or part of this act shall be adjudged by any court of
17 competent jurisdiction to be invalid, such judgment shall not affect,
18 impair, or invalidate the remainder thereof, but shall be confined in
19 its operation to the clause, sentence, paragraph, subdivision, section
20 or part thereof directly involved in the controversy in which such judg-
21 ment shall have been rendered. It is hereby declared to be the intent of
22 the legislature that this act would have been enacted even if such
23 invalid provisions had not been included herein.
24 § 5. This act shall take effect immediately.
