STATE OF NEW YORK
________________________________________________________________________
9383
IN ASSEMBLY
February 29, 2016
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Introduced by M. of A. GOLDFEDER -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to peace officer
residency requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading and subdivision 1 of section 3-b of the
2 public officers law, the section heading as amended by chapter 404 of
3 the laws of 2011 and subdivision 1 as amended by chapter 497 of the laws
4 of 2012, are amended to read as follows:
5 Special peace officers to be citizens or lawful permanent residents;
6 other residency requirements. 1. No sheriff of a county, mayor of a
7 city, or official, or other persons authorized by law to appoint special
8 deputy sheriffs, special constables, marshals, police officers, or peace
9 officers in this state, to preserve the public peace or quell public
10 disturbance, shall hereafter, at the instance of any agent, society,
11 association or corporation, or otherwise, appoint as such special depu-
12 ty, special constable, marshal, police officer, or peace officer, any
13 person who shall not be a citizen of the United States or shall not have
14 been lawfully admitted for permanent residency pursuant to federal law
15 for at least twenty years and a resident of the state of New York, and,
16 if such person is a citizen of the United States, entitled to vote ther-
17 ein at the time of his appointment, and a resident of the same county as
18 the mayor or sheriff or other official making such appointment;
19 provided, however, that when, in the judgment of a sheriff of a county
20 except those counties within the city of New York a situation exists
21 which requires temporary additional assistance, such sheriff may appoint
22 special deputy sheriffs who are non-residents of the county but resi-
23 dents of the state of New York who shall hold office until such time as
24 the appointing sheriff determines that the situation no longer exists;
25 and no person shall assume or exercise the functions, powers, duties or
26 privileges incident and belonging to the office of special deputy sher-
27 iff, special constables, marshal, police officer, or peace officer,
28 without having first received his appointment in writing from the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14025-04-6
A. 9383 2
1 authority lawfully appointing him. In the case of appointment of a
2 person who has been a lawful permanent resident of the United States for
3 at least twenty years, such person shall have demonstrated to the satis-
4 faction of the appointing authority that he is of good moral character
5 and has either engaged in voluntary community service each year for the
6 preceding ten years or has been honorably discharged from the United
7 States armed services. Nothing herein contained, however, shall apply to
8 the appointment of a non-resident, as an emergency special deputy sher-
9 iff, by the sheriff of any county to act when such sheriff has declared
10 a state of special emergency pursuant to the provisions of section two
11 hundred nine-f of the general municipal law. Any person otherwise quali-
12 fied who resides in either the county of Nassau or the county of Suffolk
13 may at the instance of a society for the prevention of cruelty to
14 animals be appointed as a peace officer by the appropriate appointing
15 official of either of such counties notwithstanding that such appointee
16 does not reside in the same county as the appointing official. Provided,
17 further, that any person qualified who resides in a county adjacent to
18 the county of Allegany may at the instance of the society for the
19 prevention of cruelty to animals for the county of Allegany be appointed
20 as a peace officer by the appropriate appointing official of the county
21 of Allegany.
22 § 2. This act shall take effect immediately.
