Relates to persons designated as peace officers and the authority of such peace officers to carry, possess, repair, or dispose of a firearm without an appropriate license.
STATE OF NEW YORK
________________________________________________________________________
2647
2021-2022 Regular Sessions
IN SENATE
January 22, 2021
___________
Introduced by Sen. HELMING -- 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2 REPEALED and a new section 2.10 is added to read as follows: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:
9 (a) Parole officers and warrant officers.
10 (a-1) Parole revocation specialists.
11 (b) Probation officers.
12 (c) Officials of the department of corrections and community super-
13 vision and correction officers of any state correctional facility,
14 appointed and designated by the commissioner as a peace officer;
15 correction officers of any penal correctional institution appointed and
16 designated by the sheriff of a county as a peace officer; and cell block
17 attendants employed by a police department appointed and designated by
18 the head of a police department as a peace officer.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04525-01-1
S. 2647 2
1 (d) Uniformed court officers, court clerks, marshalls, and deputy
2 marshalls of the unified court system; court security officers, mars-
3 halls or court attendants appointed and designated as peace officers by
4 a city, town, village or sheriff.
5 (e) Bridge and tunnel officers, sergeants and lieutenants of the
6 Triborough bridge and tunnel authority.
7 (f) The sheriff, undersheriff, and deputy sheriffs of the city of New
8 York and sworn officers of the Westchester county department of public
9 safety services appointed after January thirty-first, nineteen hundred
10 eighty-three to the title of public safety officer and who performs the
11 functions previously performed by a Westchester county deputy sheriff on
12 or prior to such date.
13 2. Notwithstanding the provisions of any general, special or local law
14 or charter to the contrary, the following persons shall have the powers
15 of, and shall be peace officers, provided however that nothing in this
16 subdivision shall be deemed to authorize such officers to carry,
17 possess, repair or dispose of a firearm unless the appropriate license
18 therefor has been issued pursuant to section 400.00 of the penal law
19 unless such person was appointed prior to the effective date of this
20 act:
21 (a) Constables or police constables of a town or village, provided
22 such designation is not inconsistent with local law and appointed and
23 designated by the town or village as peace officers.
24 (b) Bay constables of the village of Mamaroneck and the towns of Hemp-
25 stead, Oyster Bay, South Hampton, North Hempstead and Islip who prior to
26 April third, nineteen hundred ninety-eight served as harbormaster for
27 such town and whose position was reclassified as bay constable for such
28 town prior to such date, appointed and designated by the town as peace
29 officers.
30 (c) Harbor masters appointed and designated by a county, city, town or
31 village as peace officers.
32 (d) Officers or agents of a duly incorporated society for the
33 prevention of cruelty to animals.
34 (e) Persons employed by a state or county or political subdivision of
35 the state or county assigned to the investigation and enforcement of any
36 criminal or tax law and designated by the state or county subdivision as
37 a peace officer.
38 (f) Uniformed housing guards of the Buffalo municipal housing authori-
39 ty.
40 (g) Persons appointed and designated as peace officers by the Niagara
41 frontier transportation authority, pursuant to subdivision thirteen of
42 section twelve hundred ninety-nine-e of the public authorities law.
43 3. Notwithstanding the provisions of any general, special or local law
44 or charter to the contrary, the following persons shall have the powers
45 of, and shall be peace officers provided however that nothing in this
46 subdivision shall be deemed to authorize such officers to carry,
47 possess, repair or dispose of a firearm unless the appropriate license
48 therefor has been issued pursuant to section 400.00 of the penal law and
49 the employer has authorized such officer to possess a firearm during any
50 phase of the officer's on-duty employment:
51 (a) Supervising fire inspectors, fire inspectors, fire marshalls,
52 chief fire marshalls, and assistant fire marshalls, fire prevention
53 employees, fire investigators employed by and appointed and designated
54 as a peace officer by the state, a county, city, or a political subdivi-
55 sion of the state, county or city or a fire department when acting
S. 2647 3
1 pursuant to their special duties in matters arising under the laws
2 relating to fires, the extinguishment thereof and fire perils.
3 (b) Persons employed by a college, university, sheriff or police
4 department as members of the security force of such college or universi-
5 ty for the protection of grounds, buildings, and property, the
6 prevention of crime and enforcement of law and order and the enforcement
7 of such rules and regulations of such college or university when desig-
8 nated by the college or university as a peace officer. The geographic
9 area of employment for peace officers employed by the University of
10 Rochester shall include any public street and sidewalk that abuts the
11 grounds, buildings or property of such university. Special deputy sher-
12 iffs appointed by the sheriff of Tompkins county for the protection of
13 the grounds, buildings and property of Ithaca college may, when
14 requested by the sheriff, provide assistance on any public highway which
15 crosses or adjoins such property. Syracuse University peace officers
16 appointed by the chief law enforcement officer of the city of Syracuse
17 for the protection of the grounds, buildings and property of Syracuse
18 University may, when requested by the chief law enforcement officer of
19 the city of Syracuse or his or her designee, including by means of writ-
20 ten protocols agreed to by the chief law enforcement officer of the city
21 of Syracuse and Syracuse University, provide assistance on any public
22 highway which crosses or adjoins such grounds or premises. Nothing in
23 this paragraph shall be deemed to limit any of the specific training
24 requirements set forth in the education law.
25 (c) Parole revocation specialists in the department of corrections and
26 community notification.
27 (d) The welfare inspector general and investigators designated by the
28 welfare inspector general.
29 (e) The workers' compensation fraud inspector general and investi-
30 gators designated by the workers' compensation fraud inspector general.
31 (f) Parks, recreation, or forest rangers employed by and appointed and
32 designated as peace officers by the state, a county or a political
33 subdivision of the state or county.
34 (g) Officers or agents of a duly incorporated society for the
35 prevention of cruelty to children in Rockland county.
36 (h) Special policemen designated by the commissioner and the directors
37 of in-patient facilities in the office of mental health pursuant to
38 section 7.25 of the mental hygiene law, and special policemen designated
39 by the commissioner and the directors of facilities under his jurisdic-
40 tion in the office for people with developmental disabilities pursuant
41 to section 13.25 of the mental hygiene law.
42 (i) Persons designated as special policemen by the director of a
43 hospital in the department of health pursuant to section four hundred
44 fifty-five of the public health law.
45 (j) Uniformed enforcement forces of the New York state thruway author-
46 ity, when acting pursuant to subdivision two of section three hundred
47 sixty-one of the public authorities law.
48 (k) Employees of the department of health designated pursuant to
49 section thirty-three hundred eighty-five of the public health law.
50 (l) Bay constables of the city of Rye, the village of South Nyack and
51 bay constables of the towns of East Hampton, Riverhead, Southold, Islip,
52 Shelter Island, Brookhaven, Babylon, Smithtown and Huntington appointed
53 and designated by the town, city or village as peace officers.
54 (m) Patrolmen appointed and designated by the Lake George park commis-
55 sion as peace officers.
S. 2647 4
1 (n) Peace officers appointed and designated pursuant to the provisions
2 of the New York state defense emergency act, as set forth in chapter
3 seven hundred eighty-four of the laws of nineteen hundred fifty-one, as
4 amended, when acting pursuant to their special duties during a period of
5 attack or imminent attack by enemy forces, or during official drills
6 called to combat natural or man-made disasters, or during official
7 drills in preparation for an attack by enemy forces or in preparation
8 for a natural or man-made disaster; provided that such officer shall
9 have the powers set forth in section 2.20 of this article only during a
10 period of imminent or actual attack by enemy forces and during drills
11 authorized under section twenty-nine-b of the executive law, providing
12 for the use of civil defense forces in disasters. Notwithstanding any
13 other provision of law, such officers shall have the power to direct and
14 control traffic during official drills in preparation for an attack by
15 enemy forces or in preparation for combating natural or man-made disas-
16 ters; however, this grant does not include any of the other powers set
17 forth in section 2.20 of this article.
18 (o) New York city special patrolmen appointed by the police commis-
19 sioner provided, however, that nothing in this paragraph shall be deemed
20 to authorize such officer to carry a firearm for which the appropriate
21 license therefor has been issued pursuant to section 400.00 of the penal
22 law unless the employer has authorized such officer to possess a firearm
23 during any phase of the officers on-duty employment. Special patrolmen
24 shall have the powers set forth in section 2.20 of this article only
25 when they are acting pursuant to their special duties; provided, howev-
26 er, that the following categories of New York city special patrolmen
27 shall have such powers whether or not they are acting pursuant to their
28 special duties: school safety officers employed by the board of educa-
29 tion of the city of New York; parking control specialists, taxi and
30 limousine inspectors, urban park rangers and evidence and property
31 control specialists employed by the city of New York; and further
32 provided that, with respect to the aforementioned categories of New York
33 city special patrolmen, where such a special patrolman has been
34 appointed by the police commissioner and, upon the expiration of such
35 appointment the police commissioner has neither renewed such appointment
36 nor explicitly determined that such appointment shall not be renewed,
37 such appointment shall remain in full force and effect indefinitely,
38 until such time as the police commissioner expressly determines to
39 either renew or terminate such appointment.
40 (p) All officers and members of the uniformed force of the New York
41 city fire department as set forth and subject to any limitations
42 contained in the administrative code of the city of New York.
43 (q) Special policemen for horse racing, appointed and designated
44 pursuant to sections two hundred twenty-three, three hundred twelve and
45 four hundred twelve of the racing, pari-mutuel wagering and breeding
46 law.
47 (r) Waterfront and airport investigators, pursuant to subdivision four
48 of section 5-b of part II of the waterfront and airport commission act.
49 (s) Special patrolmen of a political subdivision, appointed pursuant
50 to section two hundred nine-v of the general municipal law.
51 (t) Special officers employed by the city of New York or by the New
52 York city health and hospitals corporation. The New York city health and
53 hospitals corporation shall employ peace officers appointed pursuant to
54 this subdivision to perform the patrol, investigation, and maintenance
55 of the peace duties of special officer, senior special officer and
56 hospital security officer, provided however that nothing in this para-
S. 2647 5
1 graph shall prohibit managerial, supervisory, or state licensed or
2 certified professional employees of the corporation from performing such
3 duties where they are incidental to their usual duties, or shall prohib-
4 it police officers employed by the city of New York from performing
5 these duties.
6 (u) Fire police squads organized pursuant to section two hundred
7 nine-c of the general municipal law, at such times as the fire depart-
8 ment, fire company or an emergency rescue and first aid squad of the
9 fire department or fire company are on duty, or when, on orders of the
10 chief of the fire department or fire company of which they are members,
11 they are separately engaged in response to a call for assistance pursu-
12 ant to the provisions of section two hundred nine of the general munici-
13 pal law.
14 (v) Housing patrolmen of the Mount Vernon housing authority, appointed
15 and designated as peace officers and acting pursuant to rules of the
16 Mount Vernon housing authority.
17 (w) Persons appointed and designated as peace officers by the Sea Gate
18 Association pursuant to the provisions of chapter three hundred ninety-
19 one of the laws of nineteen hundred forty.
20 (x) New York state air base security guards when they are appointed
21 and designated as peace officers under military regulations promulgated
22 by the chief of staff to the governor and when performing their duties
23 as air base security guards pursuant to orders issued by appropriate
24 military authority.
25 (y) Members of the army national guard military police and air
26 national guard security personnel belonging to the organized militia of
27 the state of New York when they are appointed and designated as peace
28 officers under military regulations promulgated by the adjutant general
29 and when performing their duties as military policemen or air security
30 personnel pursuant to orders issued by appropriate military authority.
31 (z) Transportation supervisors in the city of White Plains appointed
32 and designated by the commissioner of public safety in the city of White
33 Plains as peace officers.
34 (aa) Security hospital treatment assistants, appointed and designated
35 by the commissioner of the office of mental health as peace officers
36 while performing duties in or arising out of the course of their employ-
37 ment.
38 (bb) Authorized agents of the municipal directors of weights and meas-
39 ures in the counties of Suffolk, Nassau and Westchester when acting
40 pursuant to their special duties as set forth in section one hundred
41 eighty-one of the agriculture and markets law.
42 (cc) Special policemen appointed and designated by a town as peace
43 officers pursuant to section one hundred fifty-eight of the town law.
44 (dd) Dog control and animal control officers appointed and designated
45 as peace officers by a political subdivision of the state.
46 (ee) Harbor park rangers employed by the Snug Harbor cultural center
47 in Richmond county and appointed as New York city special patrolmen by
48 the police commissioner pursuant to the administrative code of the city
49 of New York. Notwithstanding any provision of law, rule or regulation,
50 such officers shall be authorized to issue appearance tickets pursuant
51 to section 150.20 of this chapter, and shall have such other powers as
52 are specified in section 2.20 of this article only when acting pursuant
53 to their special duties.
54 (ff) Officers of the Westchester county public safety emergency force,
55 when activated by the commissioner of public safety or the sheriff of
56 the county of Westchester.
S. 2647 6
1 (gg) Uniformed members of the security force of the Troy housing
2 authority appointed and designated by the Troy housing authority as
3 peace officers.
4 (hh) Officers and members of the sanitation police of the department
5 of sanitation of the city of New York, duly appointed and designated as
6 peace officers by such department. Provided, further, that nothing in
7 this paragraph shall be deemed to apply to officers and members of the
8 sanitation police regularly and exclusively assigned to enforcement of
9 such city's residential recycling laws.
10 (ii) Employees of the office of children and family services assigned
11 to transport and warrants units who are specifically designated by the
12 director in accordance with section five hundred four-b of the executive
13 law.
14 (jj) Employees appointed and designated as peace officers by a sheriff
15 pursuant to their special duties serving as uniformed marine patrol
16 officers.
17 (kk) Airport security guards, senior airport security guards, airport
18 security supervisors, retired police officers, and supervisors of same,
19 who are appointed and designated by resolution of the town board of the
20 town of Islip to provide security at Long Island MacArthur Airport when
21 acting pursuant to their duties as such, and such authority being
22 specifically limited to the grounds of the said airport.
23 (ll) Members of the security force employed and appointed and desig-
24 nated as peace officers by Erie County Medical Center.
25 (mm) Employees of the New York city business integrity commission
26 appointed and designated as peace officers by the chairperson of such
27 commission.
28 (nn) Members of the security force employed by Kaleida Health within
29 and directly adjacent to the hospital buildings on the medical campus
30 located between East North Street, Goodell Street, Main Street and
31 Michigan Avenue. These officers shall only have the powers listed in
32 paragraph (c) of subdivision one of section 2.20 of this article, as
33 well as the power to detain an individual for a reasonable period of
34 time while awaiting the arrival of law enforcement, provided that the
35 officer has actual knowledge, or probable cause to believe, that such
36 individual has committed an offense.
37 (oo) Watershed protection and enforcement officers appointed by the
38 city of Peekskill. Such officers shall only have the powers set forth in
39 paragraphs (a), (b), (c), (f), (g), and (h) of subdivision one of
40 section 2.20 of this article and, notwithstanding paragraph (b) of
41 subdivision thirty-four-a of section 1.20 of this title and paragraph
42 (b) of subdivision five of section 140.25 of this chapter, watershed
43 protection and enforcement officers are authorized to make arrests and
44 issue appearance tickets in those areas of the Hollow Brook watershed
45 and Wiccopee reservoir located outside of the city of Peekskill in the
46 counties of Putnam and Westchester, including along its reservoirs,
47 shoreline, and tributaries.
48 § 2. Subdivision 23 of section 105 of the alcoholic beverage control
49 law, as added by section 1 of part F of chapter 85 of the laws of 2002,
50 is amended to read as follows:
51 23. All premises licensed under sections fifty-four, fifty-four-a,
52 sixty-three and seventy-nine of this chapter shall be subject to
53 inspection by any peace officer described in [subdivision four] para-
54 graph (e) of subdivision two of section 2.10 of the criminal procedure
55 law acting pursuant to his special duties, or police officer or any duly
S. 2647 7
1 authorized representative of the state liquor authority, during the
2 hours when the said premises are open for the transaction of business.
3 § 3. Paragraph 7 of subdivision a of section 10-131 of the administra-
4 tive code of the city of New York, as amended by chapter 195 of the laws
5 of 2005, is amended to read as follows:
6 7. A fee shall not be charged or collected for the issuance of a
7 license, or the renewal thereof, to have and carry concealed a pistol or
8 revolver which is issued upon the application of a qualified retired
9 police officer as defined in subdivision thirty-four of section 1.20 of
10 the criminal procedure law, or a qualified retired bridge and tunnel
11 officer, sergeant or lieutenant of the triborough bridge and tunnel
12 authority as defined under paragraph (e) of subdivision [twenty] one of
13 section 2.10 of the criminal procedure law, or a qualified retired
14 uniformed court officer in the unified court system, or a qualified
15 retired court clerk in the unified court system in the first and second
16 judicial departments, as defined in [paragraphs a and b of subdivision
17 twenty-one] paragraph (d) of subdivision one of section 2.10 of the
18 criminal procedure law or a retired correction officer as defined in
19 [subdivision twenty-five] paragraph (c) of subdivision one of section
20 2.10 of the criminal procedure law or a qualified retired sheriff,
21 undersheriff or deputy sheriff of the city of New York as defined under
22 paragraph (f) of subdivision [two] one of section 2.10 of the criminal
23 procedure law.
24 § 4. Subdivision (a) of section 11-4021 of the administrative code of
25 the city of New York, as amended by chapter 556 of the laws of 2011, is
26 amended to read as follows:
27 (a) Whenever a police officer designated in section 1.20 of the crimi-
28 nal procedure law or a peace officer designated in paragraph (e) of
29 subdivision [five] two of section 2.10 of such law, acting pursuant to
30 his special duties, shall discover any cigarettes subject to any tax
31 provided by chapter thirteen of this title, and upon which the tax has
32 not been paid or the stamps not affixed as required by such chapter,
33 they are hereby authorized and empowered forthwith to seize and take
34 possession of such cigarettes, together with any vending machine or
35 receptacle in which they are held for sale. Such cigarettes, vending
36 machine or receptacle seized by a police officer or such peace officer
37 shall be turned over to the commissioner of finance.
38 § 5. Paragraph 2 of subdivision (c) of section 11-4023 of the adminis-
39 trative code of the city of New York, as added by local law number 97 of
40 the city of New York for the year 2013, is amended to read as follows:
41 (2) Ten days after the date of such posting, and upon the written
42 directive of the commissioner, police officers designated in section
43 1.20 of the criminal procedure law and peace officers employed by the
44 department of finance, including but not limited to the sheriff, under-
45 sheriff and deputy sheriffs of the city of New York designated as peace
46 officers in paragraph (f) of subdivision [two] one of section 2.10 of
47 the criminal procedure law, are authorized to act upon and enforce such
48 orders.
49 § 6. Subdivision (a) of section 11-4024 of the administrative code of
50 the city of New York, as added by local law number 97 of the city of New
51 York for the year 2013, is amended to read as follows:
52 (a) Whenever a police officer designated in section 1.20 of the crimi-
53 nal procedure law or a peace officer employed by the department of
54 finance, including but not limited to the sheriff, undersheriff or depu-
55 ty sheriffs of the city of New York designated as peace officers in
56 paragraph (f) of subdivision [two] one of section 2.10 of the criminal
S. 2647 8
1 procedure law, shall discover (1) any cigarettes subject to any tax
2 provided by chapter thirteen of this title, and upon which the tax has
3 been paid and the stamps affixed as required by such chapter, but such
4 cigarettes are sold, offered for sale or possessed by a person in
5 violation of section 11-1303, 17-703 or 20-202 of this code, or (2) any
6 flavored tobacco product that is sold, offered for sale or possessed
7 with intent to sell in violation of section 17-715 of this code, he or
8 she is hereby authorized and empowered forthwith to seize and take
9 possession of such cigarettes or flavored tobacco product, together with
10 any vending machine or receptacle in which such cigarettes or flavored
11 tobacco product are held for sale. Such cigarettes or flavored tobacco
12 product, vending machine or receptacle seized by such police officer or
13 such peace officer shall be turned over to the commissioner of finance.
14 § 7. Subdivision c of section 12-121 of the administrative code of the
15 city of New York, as added by chapter 427 of the laws of 2000, is
16 amended to read as follows:
17 c. City residence shall not be required as a condition of employment
18 for campus peace officers level I, level II and level III, as defined by
19 paragraph (o) of subdivision [twenty-seven] three of section 2.10 of the
20 criminal procedure law, employed by the city university of New York
21 before the effective date of this subdivision.
22 § 8. Subdivision a of section 17-182 of the administrative code of the
23 city of New York, as amended by local law number 22 of the city of New
24 York for the year 2002, is amended to read as follows:
25 a. Any corporation of government, the expenses of which are paid in
26 whole or in part from the city treasury, which provides health and
27 medical services and operates health facilities and which is authorized
28 to employ special officers having peace officer status as defined in
29 [New York Criminal Procedure Law § 2.10(40)] paragraph (t) of subdivi-
30 sion three of section 2.10 of the criminal procedure law, shall utilize
31 peace officers appointed pursuant to said subdivision to perform the
32 duties of special officer, senior special officer and hospital security
33 officer. The commissioner of the department of health and mental hygiene
34 shall enforce this requirement.
35 § 9. Subdivision 1 of section 120 of the correction law, as added by
36 chapter 202 of the laws of 2007, is amended to read as follows:
37 1. Except as provided in subdivisions two, three and four of this
38 section, the duty of maintaining the custody and supervision of persons
39 detained or confined in a correctional facility as defined in subdivi-
40 sion four of section two of this chapter, including a drug treatment
41 campus as defined in subdivision twenty of section two of this chapter,
42 or a local correctional facility as defined in subdivision sixteen of
43 section two of this chapter shall be performed solely by police officers
44 designated in paragraph (a), (b), (c), (d), (e), (g), (j) or (m) of
45 subdivision thirty-four of section 1.20 of the criminal procedure law or
46 peace officers designated in [subdivision twenty-five] paragraph (c) of
47 subdivision one of section 2.10 of the criminal procedure law, which
48 persons, whether employed full-time or part-time, shall be in the
49 competitive, non-competitive or exempt class of the civil service of New
50 York state as determined by state law or by the state or applicable
51 local civil service commission.
52 § 10. Paragraph (q) of subdivision 34 of section 1.20 of the criminal
53 procedure law, as amended by section 55 of part K of chapter 61 of the
54 laws of 2011, is amended to read as follows:
55 (q) An employee of the department of taxation and finance (i) assigned
56 to enforcement of the taxes imposed under or pursuant to the authority
S. 2647 9
1 of article twelve-A of the tax law and administered by the commissioner
2 of taxation and finance, taxes imposed under or pursuant to the authori-
3 ty of article eighteen of the tax law and administered by the commis-
4 sioner, taxes imposed under article twenty of the tax law, or sales or
5 compensating use taxes relating to petroleum products or cigarettes
6 imposed under article twenty-eight or pursuant to the authority of arti-
7 cle twenty-nine of the tax law and administered by the commissioner or
8 (ii) [designated as a revenue crimes specialist and] assigned to the
9 enforcement of [the] taxes [described in] pursuant to paragraph [(c) of
10 subdivision four] (e) of subdivision two of section 2.10 of this title,
11 for the purpose of applying for and executing search warrants under
12 article six hundred ninety of this chapter, for the purpose of acting as
13 a claiming agent under article thirteen-A of the civil practice law and
14 rules in connection with the enforcement of the taxes referred to above
15 and for the purpose of [executing warrants of arrest relating to the
16 respective crimes specified in subdivision four] investigating or
17 enforcing a criminal law pursuant to paragraph (e) of subdivision two of
18 section 2.10 of this title.
19 § 11. Subdivision 1 of section 50-d of the civil rights law, as added
20 by chapter 517 of the laws of 1992, is amended to read as follows:
21 1. As used in this section, "personnel records of court officers"
22 means all personnel records of court officers as defined in [paragraph a
23 of] paragraph (d) of subdivision [twenty-one] one of section 2.10 of the
24 criminal procedure law, used to evaluate performance toward continued
25 employment or promotion, and under the control of the office of court
26 administration.
27 § 12. Subdivision 1 of section 50-e of the civil rights law, as added
28 by chapter 578 of the laws of 1993, is amended to read as follows:
29 1. As used in this section, "personnel records of bridge and tunnel
30 officers, sergeants and lieutenants" means all personnel records of
31 bridge and tunnel officers, sergeants and lieutenants as defined in
32 paragraph (e) of subdivision [twenty] one of section 2.10 of the crimi-
33 nal procedure law, used to evaluate performance toward continued employ-
34 ment or promotion, and under the control of the Triborough bridge and
35 tunnel authority.
36 § 13. The opening paragraph of paragraph i of subdivision 1 of section
37 130 of the civil service law, as added by chapter 257 of the laws of
38 2012, is amended to read as follows:
39 Pursuant to the terms of an agreement between the state and an employ-
40 ee organization entered into pursuant to article fourteen of this chap-
41 ter covering members of the collective negotiating unit designated as
42 security supervisors who are employed by the state department of
43 corrections and community supervision and are designated as peace offi-
44 cers pursuant to paragraph (c) of subdivision [twenty-five] one of
45 section 2.10 of the criminal procedure law, effective on the dates indi-
46 cated, salary grades for positions in the competitive, non-competitive
47 and labor classes shall be as follows:
48 § 14. Subdivision 2 and the opening paragraph and paragraph (f) of
49 subdivision 4 of section 209 of the civil service law, as amended by
50 section 64 of subpart B of part C of chapter 62 of the laws of 2011, are
51 amended to read as follows:
52 2. Public employers are hereby empowered to enter into written agree-
53 ments with recognized or certified employee organizations setting forth
54 procedures to be invoked in the event of disputes which reach an impasse
55 in the course of collective negotiations. Such agreements may include
56 the undertaking by each party to submit unresolved issues to impartial
S. 2647 10
1 arbitration. In the absence or upon the failure of such procedures,
2 public employers and employee organizations may request the board to
3 render assistance as provided in this section, or the board may render
4 such assistance on its own motion, as provided in subdivision three of
5 this section, or, in regard to officers or members of any organized fire
6 department, or any unit of the public employer which previously was a
7 part of an organized fire department whose primary mission includes the
8 prevention and control of aircraft fires, police force or police depart-
9 ment of any county, city, town, village or fire or police district, or
10 detective-investigators, or rackets investigators employed in the office
11 of a district attorney of a county, or in regard to any organized unit
12 of troopers, commissioned or noncommissioned officers of the division of
13 state police, or in regard to investigators, senior investigators and
14 investigator specialists of the division of state police, or in regard
15 to members of collective negotiating units designated as security
16 services and security supervisors who are police officers, who are
17 forest ranger captains or who are employed by the state department of
18 corrections and community supervision and are designated as peace offi-
19 cers pursuant to paragraph (c) of subdivision [twenty-five] one of
20 section 2.10 of the criminal procedure law, or in regard to members of
21 the collective negotiating unit designated as the agency law enforcement
22 services unit who are police officers pursuant to subdivision thirty-
23 four of section 1.20 of the criminal procedure law or who are forest
24 rangers, or in regard to organized units of deputy sheriffs who are
25 engaged directly in criminal law enforcement activities that aggregate
26 more than fifty per centum of their service as certified by the county
27 sheriff and are police officers pursuant to subdivision thirty-four of
28 section 1.20 of the criminal procedure law as certified by the municipal
29 police training council or Suffolk county correction officers or Suffolk
30 county park police, as provided in subdivision four of this section.
31 On request of either party or upon its own motion, as provided in
32 subdivision two of this section, and in the event the board determines
33 that an impasse exists in collective negotiations between such employee
34 organization and a public employer as to the conditions of employment of
35 officers or members of any organized fire department, or any other unit
36 of the public employer which previously was a part of an organized fire
37 department whose primary mission includes the prevention and control of
38 aircraft fires, police force or police department of any county, city,
39 town, village or fire or police district, and detective-investigators,
40 criminal investigators or rackets investigators employed in the office
41 of a district attorney, or as to the conditions of employment of members
42 of any organized unit of troopers, commissioned or noncommissioned offi-
43 cers of the division of state police or as to the conditions of employ-
44 ment of members of any organized unit of investigators, senior investi-
45 gators and investigator specialists of the division of state police, or
46 as to the terms and conditions of employment of members of collective
47 negotiating units designated as security services and security supervi-
48 sors, who are police officers, who are forest ranger captains or who are
49 employed by the state department of corrections and community super-
50 vision and are designated as peace officers pursuant to paragraph (c) of
51 subdivision [twenty-five] one of section 2.10 of the criminal procedure
52 law, or in regard to members of the collective negotiating unit desig-
53 nated as the agency law enforcement services unit who are police offi-
54 cers pursuant to subdivision thirty-four of section 1.20 of the criminal
55 procedure law or who are forest rangers, or as to the conditions of
56 employment of any organized unit of deputy sheriffs who are engaged
S. 2647 11
1 directly in criminal law enforcement activities that aggregate more than
2 fifty per centum of their service as certified by the county sheriff and
3 are police officers pursuant to subdivision thirty-four of section 1.20
4 of the criminal procedure law as certified by the municipal police
5 training council or Suffolk county correction officers or Suffolk county
6 park police, the board shall render assistance as follows:
7 (f) With regard to any members of collective negotiating units desig-
8 nated as security services or security supervisors, who are police offi-
9 cers, who are forest ranger captains or who are employed by the state
10 department of corrections and community supervision and are designated
11 as peace officers pursuant to paragraph (c) of subdivision [twenty-five]
12 one of section 2.10 of the criminal procedure law, or in regard to
13 members of the collective negotiating unit designated as the agency law
14 enforcement services unit who are police officers pursuant to subdivi-
15 sion thirty-four of section 1.20 of the criminal procedure law or who
16 are forest rangers, or in regard to detective-investigators, criminal
17 investigators or rackets investigators employed in the office of a
18 district attorney of a county contained within a city with a population
19 of one million or more, the provisions of this section shall only apply
20 to the terms of collective bargaining agreements directly relating to
21 compensation, including, but not limited to, salary, stipends, location
22 pay, insurance, medical and hospitalization benefits; and shall not
23 apply to non-compensatory issues including, but not limited to, job
24 security, disciplinary procedures and actions, deployment or scheduling,
25 or issues relating to eligibility for overtime compensation which shall
26 be governed by other provisions proscribed by law.
27 § 15. Paragraph d of subdivision 8 of section 156-c of the executive
28 law, as amended by section 4 of part A of chapter 101 of the laws of
29 2013, is amended to read as follows:
30 d. Whenever any police officer designated in section 1.20 of the crim-
31 inal procedure law or a peace officer designated in paragraph (e) of
32 subdivision [four and subdivision seventy-nine pertaining to the Office
33 of Fire Prevention and Control,] two of section 2.10 of such law, acting
34 pursuant to his or her special duties, shall discover any cigarettes
35 which have not been marked in the manner required by subdivision six of
36 this section, such officer is hereby authorized and empowered to seize
37 and take possession of such cigarettes. Such seized cigarettes shall be
38 turned over to the commissioner of taxation and finance, and shall be
39 forfeited to the state. Cigarettes seized pursuant to this section shall
40 be destroyed.
41 § 16. Subdivision 4 of section 89-n of the general business law, as
42 amended by chapter 221 of the laws of 2003, is amended to read as
43 follows:
44 4. The provisions of this section shall not apply to a security guard
45 who is:
46 a. a correction officer of any state correctional facility having the
47 powers of a peace officer pursuant to paragraph (c) of subdivision
48 [twenty-five] one of section 2.10 of the criminal procedure law;
49 b. a bridge and tunnel officer, sergeant or lieutenant of the Tribor-
50 ough bridge and tunnel authority having the powers of a peace officer
51 pursuant to paragraph (e) of subdivision [twenty] one of section 2.10
52 the criminal procedure law;
53 c. a uniformed court officer of the unified court system having the
54 powers of a peace officer pursuant to paragraph (d) of subdivision
55 [twenty-one] one of section 2.10 of the criminal procedure law;
S. 2647 12
1 d. a court clerk having the powers of a peace officer pursuant to
2 paragraph (d) of subdivision [twenty-one] one of section 2.10 of the
3 criminal procedure law;
4 e. a deputy sheriff having the powers of a peace officer pursuant to
5 paragraph (f) of subdivision [two] one of section 2.10 the criminal
6 procedure law;
7 f. a police officer as defined in paragraphs (a), (b), (c), (d), (e),
8 (f), (j), (k), (l), (o) and (p) of subdivision thirty-four of section
9 1.20 of the criminal procedure law who has been retired from such
10 employment for a period not to exceed ten years, provided, however, that
11 a retired police officer who has been retired from such employment for a
12 period in excess of ten years shall be required to provide proof to his
13 or her security guard employer of his or her satisfactory completion of
14 an eight hour annual in-service training course approved by the commis-
15 sioner, and provided further, however, that a retired police officer who
16 will be required by his or her security guard employer to carry a
17 firearm or will be authorized to have access to a firearm shall provide
18 to such employer proof of his or her satisfactory completion of a
19 forty-seven hour firearms training course approved by the commissioner
20 and, if such firearms training course has not been completed within one
21 year prior to such employment, satisfactory completion of an additional
22 eight hour annual firearms in-service training course approved by the
23 commissioner, such training course to be completed at least annually; or
24 g. a peace officer as defined in [subdivisions two, twenty and twen-
25 ty-five and paragraphs a and b of subdivision twenty-one] paragraphs
26 (c), (d), (e), and (f) of subdivision one of section 2.10 of the crimi-
27 nal procedure law who has been retired from such employment for a period
28 not to exceed ten years, provided, however, that a retired peace officer
29 who has been retired from such employment for a period in excess of ten
30 years shall be required to provide proof to his or her security guard
31 employer of his or her satisfactory completion of an eight hour annual
32 in-service training course approved by the municipal police training
33 council, and provided further, however, that a retired peace officer who
34 will be required by his or her security guard employer to carry a
35 firearm or will be authorized to have access to a firearm shall provide
36 to such employer proof of his or her satisfactory completion of a
37 forty-seven hour firearms training course approved by the municipal
38 police training council and, if such firearms training course has not
39 been completed within one year prior to employment, satisfactory
40 completion of an additional eight hour annual firearms in-service train-
41 ing course approved by the municipal police training council, such
42 training course to be completed at least annually.
43 § 17. Subdivision 13 of section 1299-e of the public authorities law,
44 as amended by chapter 816 of the laws of 1984, is amended to read as
45 follows:
46 13. To appoint or designate one or more persons for the purpose of
47 enforcing rules and regulations established by the authority, and to
48 compel the observance of law and order on the properties, facilities and
49 improvements of the authority for the protection and administration of
50 such property, facilities and improvements, and the traveling public
51 using such facilities. Each person as and when so appointed or desig-
52 nated shall be known as (a) a "Niagara frontier transportation authority
53 security officer or patrolman" and shall be a peace officer as set forth
54 in paragraph (g) of subdivision [forty-five] two of section 2.10 of the
55 criminal procedure law, or a police officer within the purview of subdi-
56 vision thirty-four of section 1.20 of the criminal procedure law or (b)
S. 2647 13
1 a "ticket inspector" and shall not be a peace officer or a police offi-
2 cer but, when so designated or appointed, shall be authorized to issue
3 and serve appearance tickets pursuant to section 150.20 of the criminal
4 procedure law with respect to violations of rules and regulations so
5 established.
6 § 18. Subdivision 4 of section 1399-ll of the public health law, as
7 amended by section 3 of part EE of chapter 56 of the laws of 2020, is
8 amended to read as follows:
9 4. Whenever a police officer designated in section 1.20 of the crimi-
10 nal procedure law or a peace officer designated in paragraph (e) of
11 subdivision [four] two of section 2.10 of such law, acting pursuant to
12 his or her special duties, shall discover any cigarettes or vapor
13 products intended or reasonably expected to be used with or for the
14 consumption of nicotine which have been or which are being shipped or
15 transported in violation of this section, such person is hereby
16 empowered and authorized to seize and take possession of such cigarettes
17 or vapor products intended or reasonably expected to be used with or for
18 the consumption of nicotine, and such cigarettes or vapor products
19 intended or reasonably expected to be used with or for the consumption
20 of nicotine shall be subject to a forfeiture action pursuant to the
21 procedures provided for in article thirteen-A of the civil practice law
22 and rules, as if such article specifically provided for forfeiture of
23 cigarettes or vapor products intended or reasonably expected to be used
24 with or for the consumption of nicotine seized pursuant to this section
25 as a pre-conviction forfeiture crime.
26 § 19. Subdivisions 4, 5 and 7 of section 3-b of the public officers
27 law, subdivision 4 as added by chapter 404 of the laws of 2011, subdivi-
28 sion 5 as added by chapter 8 of the laws of 2013 and subdivision 7 as
29 added by chapter 418 of the laws of 2014, are amended to read as
30 follows:
31 4. Neither the provisions of this section or of any general, special
32 or local law, charter, code, ordinance, resolution, rule or regulation,
33 requiring a person to be a resident of the political subdivision or
34 municipal corporation of the state by which he or she is employed, shall
35 apply to a person employed by a city with a population of over one
36 million in the titles of special officer, senior special officer, prin-
37 cipal special officer and supervising special officer as "special offi-
38 cer" is defined in paragraph (t) of subdivision [forty] three of section
39 2.10 of the criminal procedure law, evidence and property control
40 specialists, taxi and limousine inspector, taxi and limousine inspector
41 (motor vehicles), senior taxi and limousine inspector, senior taxi and
42 limousine inspector (motor vehicles), associate taxi and limousine
43 inspector, supervising taxi and limousine inspector, supervising taxi
44 and limousine inspector (motor vehicles), education facilities officers
45 L1 (formerly school guards), education facilities officers L2 (formerly
46 school safety officers), hospital security officers, campus security
47 officer, campus peace officer, college security specialist, campus
48 public safety sergeant, campus security assistant or school guard
49 (school safety agent), provided that he or she has completed two years
50 of employment with the city of New York and is a resident of New York,
51 Kings, Queens, Bronx, Richmond, Nassau, Westchester, Suffolk, Orange,
52 Rockland or Putnam county.
53 5. In respect to peace officers employed by Cornell university, and
54 assigned to the Ithaca campus, pursuant to section fifty-seven hundred
55 nine of the education law, the provisions of this section requiring a
56 person to be a resident of the same county as the appointing official
S. 2647 14
1 shall not prevent a person from serving as a peace officer for Cornell
2 university, or as a special deputy sheriff, and assigned to the Ithaca
3 campus, as defined in paragraph (b) of subdivision [forty-two] three of
4 section 2.10 of the criminal procedure law, provided that such person
5 resides in the state of New York.
6 7. Neither the provisions of this section or of any general, special
7 or local law, charter, code, ordinance, resolution, rule or regulation,
8 requiring a person to be a resident of the political subdivision or
9 municipal corporation of the state for which he or she shall be employed
10 or appointed or within which his or her official functions are required
11 to be exercised, shall apply to a person who is a member of the security
12 force employed or appointed by Kaleida Health as described in paragraph
13 (nn) of subdivision [eighty-three] three of section 2.10 of the criminal
14 procedure law, provided that such person resides in the county in which
15 such security force of Kaleida Health is located or an adjoining county
16 within the state. The provisions of this subdivision shall only apply to
17 a person who is a member of the security force employed by Kaleida
18 Health on the effective date of this subdivision.
19 § 20. Subdivision 20 of section 10.00 of the penal law, as added by
20 chapter 765 of the laws of 2005, is amended to read as follows:
21 20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
22 of this chapter, the term "peace officer" means a peace officer as
23 defined in [subdivision one, two, three, four, six, twelve, thirteen,
24 fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one,
25 twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,
26 twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
27 thirty-five, thirty-six, forty-three, forty-five, forty-seven, forty-
28 eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one, as
29 added by chapter two hundred fifty-seven of the laws of nineteen hundred
30 ninety-two, sixty-one, as added by chapter three hundred twenty-one of
31 the laws of nineteen hundred ninety-two, sixty-two, as added by chapter
32 two hundred four of the laws of nineteen hundred ninety-three, sixty-
33 two, as added by chapter six hundred eighty-seven of the laws of nine-
34 teen hundred ninety-three, sixty-three, as amended by chapter six
35 hundred thirty-eight of the laws of two thousand three, sixty-four,
36 sixty-five, sixty-eight, as added by chapter one hundred sixty-eight of
37 the laws of two thousand, sixty-eight, as added by chapter three hundred
38 eighty-one of the laws of two thousand, seventy, seventy-one, seventy-
39 four, as added by chapter five hundred forty-eight of the laws of two
40 thousand one, seventy-five, as added by chapter three hundred twenty-one
41 of the laws of two thousand two, seventy-five, as added by chapter six
42 hundred twenty-three of the laws of two thousand two, seventy-seven, as
43 added by chapter three hundred sixty-seven of the laws of two thousand
44 four, seventy-eight or seventy-nine, as added by chapter two hundred
45 forty-one of the laws of two thousand four,] paragraphs (a), (a-1), (b),
46 (c), (d), (e), and (f) of subdivision one, paragraphs (a), (c), (e),
47 (f), (g), and (n) of subdivision two and paragraphs (a), (b), (c), (h),
48 (i), (j), (k), (l), (o), (p), (q), (r), (x), (y), (aa), (gg), and (kk)
49 of subdivision three of section 2.10 of the criminal procedure law, as
50 well as any federal law enforcement officer defined in section 2.15 of
51 the criminal procedure law.
52 § 21. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
53 125.26 of the penal law, as added by chapter 765 of the laws of 2005, is
54 amended to read as follows:
55 (ii) the intended victim was a peace officer as defined in [paragraph
56 a of subdivision twenty-one, subdivision twenty-three, twenty-four or
S. 2647 15
1 sixty-two (employees of the division for youth)] paragraph (a), (b) or
2 (d) of subdivision one of section 2.10 of the criminal procedure law who
3 was at the time of the killing engaged in the course of performing his
4 or her official duties, and the defendant knew or reasonably should have
5 known that the victim was such a uniformed court officer, parole offi-
6 cer, or probation officer[, or employee of the division for youth]; or
7 § 22. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
8 125.27 of the penal law, as amended by chapter 1 of the laws of 1995, is
9 amended to read as follows:
10 (ii) the intended victim was a peace officer as defined in [paragraph
11 a of subdivision twenty-one, subdivision twenty-three, twenty-four or
12 sixty-two (employees of the division for youth)] paragraph (a), (b) or
13 (d) of subdivision one of section 2.10 of the criminal procedure law who
14 was at the time of the killing engaged in the course of performing his
15 official duties, and the defendant knew or reasonably should have known
16 that the intended victim was such a uniformed court officer, parole
17 officer, or probation officer[, or employee of the division for youth];
18 or
19 § 23. Subdivisions 6 and 14 of section 400.00 of the penal law, subdi-
20 vision 6 as amended by chapter 104 of the laws of 2019, subdivision 14
21 as amended by chapter 195 of the laws of 2005, are amended to read as
22 follows:
23 6. License: validity. Any license issued pursuant to this section
24 shall be valid notwithstanding the provisions of any local law or ordi-
25 nance. No license shall be transferable to any other person or prem-
26 ises. A license to carry or possess a pistol or revolver, not otherwise
27 limited as to place or time of possession, shall be effective throughout
28 the state, except that the same shall not be valid within the city of
29 New York unless a special permit granting validity is issued by the
30 police commissioner of that city. Such license to carry or possess shall
31 be valid within the city of New York in the absence of a permit issued
32 by the police commissioner of that city, provided that (a) the firearms
33 covered by such license have been purchased from a licensed dealer with-
34 in the city of New York and are being transported out of said city
35 forthwith and immediately from said dealer by the licensee in a locked
36 container during a continuous and uninterrupted trip; or provided that
37 (b) the firearms covered by such license are being transported by the
38 licensee in a locked container and the trip through the city of New York
39 is continuous and uninterrupted; or provided that (c) the firearms
40 covered by such license are carried by armored car security guards
41 transporting money or other valuables, in, to, or from motor vehicles
42 commonly known as armored cars, during the course of their employment;
43 or provided that (d) the licensee is a retired police officer as police
44 officer is defined pursuant to subdivision thirty-four of section 1.20
45 of the criminal procedure law or a retired federal law enforcement offi-
46 cer, as defined in section 2.15 of the criminal procedure law, who has
47 been issued a license by an authorized licensing officer as defined in
48 subdivision ten of section 265.00 of this chapter; provided, further,
49 however, that if such license was not issued in the city of New York it
50 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
51 ment Officer", as the case may be, and, in the case of a retired officer
52 the license shall be deemed to permit only police or federal law
53 enforcement regulations weapons; or provided that (e) the licensee is a
54 peace officer described in paragraph (e) of subdivision [four] two of
55 section 2.10 of the criminal procedure law and the license, if issued by
56 other than the city of New York, is marked "New York State Tax Depart-
S. 2647 16
1 ment Peace Officer" and in such case the exemption shall apply only to
2 the firearm issued to such licensee by the department of taxation and
3 finance. A license as gunsmith or dealer in firearms shall not be valid
4 outside the city or county, as the case may be, where issued. Notwith-
5 standing any inconsistent provision of state or local law or rule or
6 regulation, the premises limitation set forth in any license to have and
7 possess a pistol or revolver in the licensee's dwelling or place of
8 business pursuant to paragraph (a) or (b) of subdivision two of this
9 section shall not prevent the transport of such pistol or revolver
10 directly to or from (i) another dwelling or place of business of the
11 licensee where the licensee is authorized to have and possess such
12 pistol or revolver, (ii) an indoor or outdoor shooting range that is
13 authorized by law to operate as such, (iii) a shooting competition at
14 which the licensee may possess such pistol or revolver consistent with
15 the provisions of subdivision a of section 265.20 of this chapter or
16 consistent with the law applicable at the place of such competition, or
17 (iv) any other location where the licensee is lawfully authorized to
18 have and possess such pistol or revolver; provided however, that during
19 such transport to or from a location specified in clauses (i) through
20 (iv) of this paragraph, the pistol or revolver shall be unloaded and
21 carried in a locked container, and the ammunition therefor shall be
22 carried separately; provided further, however, that a license to have
23 and possess a pistol or revolver in the licensee's dwelling or place of
24 business pursuant to paragraph (a) or (b) of subdivision two of this
25 section that is issued by a licensing officer other than the police
26 commissioner of the city of New York shall not authorize transport of a
27 pistol or revolver into the city of New York in the absence of written
28 authorization to do so by the police commissioner of that city. The term
29 "locked container" shall not include the glove compartment or console of
30 a vehicle.
31 14. Fees. In the city of New York and the county of Nassau, the annual
32 license fee shall be twenty-five dollars for gunsmiths and fifty dollars
33 for dealers in firearms. In such city, the city council and in the coun-
34 ty of Nassau the Board of Supervisors shall fix the fee to be charged
35 for a license to carry or possess a pistol or revolver and provide for
36 the disposition of such fees. Elsewhere in the state, the licensing
37 officer shall collect and pay into the county treasury the following
38 fees: for each license to carry or possess a pistol or revolver, not
39 less than three dollars nor more than ten dollars as may be determined
40 by the legislative body of the county; for each amendment thereto, three
41 dollars, and five dollars in the county of Suffolk; and for each license
42 issued to a gunsmith or dealer in firearms, ten dollars. The fee for a
43 duplicate license shall be five dollars. The fee for processing a
44 license transfer between counties shall be five dollars. The fee for
45 processing a license or renewal thereof for a qualified retired police
46 officer as defined under subdivision thirty-four of section 1.20 of the
47 criminal procedure law, or a qualified retired sheriff, undersheriff, or
48 deputy sheriff of the city of New York as defined under paragraph (f) of
49 subdivision [two] one of section 2.10 of the criminal procedure law, or
50 a qualified retired bridge and tunnel officer, sergeant or lieutenant of
51 the triborough bridge and tunnel authority as defined under paragraph
52 (e) of subdivision [twenty] one of section 2.10 of the criminal proce-
53 dure law, or a qualified retired uniformed court officer in the unified
54 court system, or a qualified retired court clerk in the unified court
55 system [in the first and second judicial departments], as defined in
56 [paragraphs a and b] paragraph (d) of subdivision [twenty-one] one of
S. 2647 17
1 section 2.10 of the criminal procedure law or a retired correction offi-
2 cer as defined in paragraph (c) of subdivision [twenty-five] one of
3 section 2.10 of the criminal procedure law shall be waived in all coun-
4 ties throughout the state.
5 § 24. Paragraph 3 of subdivision (a) of section 1815 of the tax law,
6 as amended by section 29 of subpart I of part V-1 of chapter 57 of the
7 laws of 2009, is amended to read as follows:
8 (3) For the purposes of conferring jurisdiction upon courts and police
9 officers, and on the officers specified in paragraph (e) of subdivision
10 [four] two of section 2.10 of the criminal procedure law and on judicial
11 officers generally, such violations shall be deemed traffic infractions
12 and for such purpose only all provisions of law relating to traffic
13 infractions shall apply to such violations; provided, however, that the
14 commissioner of motor vehicles, any hearing officer appointed by him, or
15 any administrative tribunal authorized to hear and determine any charges
16 or offenses which are traffic infractions shall not have jurisdiction of
17 such infractions.
18 § 25. Subdivision (a) of section 1845 of the tax law, as added by
19 chapter 508 of the laws of 1993, is amended to read as follows:
20 (a) Temporary seizure. Whenever a police officer designated in section
21 1.20 of the criminal procedure law or a peace officer designated in
22 paragraph (e) of subdivision [four] two of section 2.10 of such law,
23 acting pursuant to his special duties, shall discover more than ninety
24 liters of liquors which are being imported for sale or use in the state,
25 where the person importing or causing such liquors to be imported is not
26 registered as a distributor under section four hundred twenty-one of
27 this chapter, such police officer or peace officer is hereby authorized
28 to seize and take possession of such liquors, and to seize and take
29 possession of the vehicle or other means of transportation used to
30 transport such liquors.
31 § 26. Subdivisions (a) and (a-1) of section 1846 of the tax law, as
32 amended by chapter 556 of the laws of 2011, are amended to read as
33 follows:
34 (a) Whenever a police officer designated in section 1.20 of the crimi-
35 nal procedure law or a peace officer designated in paragraph (e) of
36 subdivision [four] two of section 2.10 of such law, acting pursuant to
37 his or her special duties, shall discover any cigarettes subject to tax
38 provided by article twenty of this chapter or by chapter thirteen of
39 title eleven of the administrative code of the city of New York, and
40 upon which the tax has not been paid or the stamps not affixed as
41 required by such article or such chapter thirteen, they are hereby
42 authorized and empowered forthwith to seize and take possession of such
43 cigarettes, together with any vending machine or receptacle in which
44 they are held for sale. Such cigarettes, vending machine or receptacle
45 seized by a police officer or such peace officer shall be turned over to
46 the commissioner. Such seized cigarettes, vending machine or receptacle,
47 not including money contained in such vending machine or receptacle,
48 shall be forfeited to the state. The commissioner may, within a reason-
49 able time thereafter, upon publication of a notice to such effect for at
50 least five successive days, before the day of sale, in a newspaper
51 published or circulated in the county where the seizure was made, sell
52 such forfeited vending machines or receptacles at public sale and pay
53 the proceeds into the state treasury to the credit of the general fund.
54 Notwithstanding any other provision of this section, the commissioner
55 may enter into an agreement with any city of this state which is author-
56 ized to impose a tax similar to that imposed by article twenty of this
S. 2647 18
1 chapter to provide for the disposition between the state and any such
2 city of the proceeds from any such sale. All cigarettes forfeited to
3 the state shall be destroyed or used for law enforcement purposes,
4 except that cigarettes that violate, or are suspected of violating,
5 federal trademark laws or import laws shall not be used for law enforce-
6 ment purposes. If the commissioner determines the cigarettes may not be
7 used for law enforcement purposes, the commissioner must, within a
8 reasonable time after the forfeiture of such cigarettes, upon publica-
9 tion in the state registry, destroy such forfeited cigarettes. The
10 commissioner may, prior to any destruction of cigarettes, permit the
11 true holder of the trademark rights in the cigarettes to inspect such
12 forfeited cigarettes in order to assist in any investigation regarding
13 such cigarettes.
14 (a-1) Whenever a police officer designated in section 1.20 of the
15 criminal procedure law or a peace officer designated in paragraph (e) of
16 subdivision [four] two of section 2.10 of such law, acting pursuant to
17 his or her special duties, shall discover any cigarettes which have been
18 stamped in violation of section four hundred eighty-b of this chapter,
19 such officer is hereby authorized and empowered forthwith to seize and
20 take possession of such cigarettes, and such cigarettes shall be subject
21 to a forfeiture action pursuant to the procedures provided for in arti-
22 cle thirteen-A of the civil practice law and rules, as if such article
23 specifically provided for forfeiture of cigarettes seized pursuant to
24 this section as a preconviction forfeiture crime. Subdivisions (b), (c)
25 and (d) of this section shall not apply to cigarettes seized pursuant to
26 this subdivision.
27 § 27. Subdivisions (a) and (a-1) of section 1846-a 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 special duties, shall discover any tobacco products in excess of
34 five hundred cigars or ten pounds of tobacco which are being imported
35 for sale in the state where the person importing or causing such tobacco
36 products to be imported has not been appointed as a distributor pursuant
37 to section four hundred seventy-two of this chapter, such police officer
38 or peace officer is hereby authorized and empowered forthwith to seize
39 and take possession of such tobacco products. Such tobacco products
40 seized by a police officer or peace officer shall be turned over to the
41 commissioner. Such seized tobacco products shall be forfeited to the
42 state. All tobacco products forfeited to the state shall be destroyed or
43 used for law enforcement purposes, except that tobacco products that
44 violate, or are suspected of violating, federal trademark laws or import
45 laws shall not be used for law enforcement purposes. If the commissioner
46 determines the tobacco products may not be used for law enforcement
47 purposes, the commissioner must, within a reasonable time thereafter,
48 upon publication in the state registry of a notice to such effect before
49 the day of destruction, destroy such forfeited tobacco products. The
50 commissioner may, prior to any destruction of tobacco products, permit
51 the true holder of the trademark rights in the tobacco products to
52 inspect such forfeited products in order to assist in any investigation
53 regarding such tobacco products.
54 (a-1) Whenever a police officer designated in section 1.20 of the
55 criminal procedure law or a peace officer designated in paragraph (e) of
56 subdivision [four] two of section 2.10 of the criminal procedure law,
S. 2647 19
1 acting pursuant to his or her special duties, discovers any roll-your-
2 own tobacco that is in violation of section four hundred eighty-c of
3 this chapter, the officer is authorized and empowered to seize and take
4 possession of the roll-your-own tobacco, and the roll-your-own tobacco
5 is subject to a forfeiture action under the procedures provided for in
6 article thirteen-A of the civil practice law and rules, as if that arti-
7 cle specifically provided for forfeiture of roll-your-own tobacco seized
8 under this section as a preconviction forfeiture crime. Subdivisions (b)
9 and (c) of this section do not apply to roll-your-own tobacco seized
10 pursuant to this subdivision.
11 § 28. Subdivisions (a) and (b) of section 1847 of the tax law, subdi-
12 vision (a) as amended by section 3 of part E of chapter 93 of the laws
13 of 2002, subdivision (b) as added by chapter 61 of the laws of 1989, are
14 amended to read as follows:
15 (a) Any peace officer designated in paragraph (e) of subdivision [four
16 or five] two of section 2.10 of the criminal procedure law, acting
17 pursuant to his or her special duties, or any police officer designated
18 in section 1.20 of the criminal procedure law may seize any vehicle or
19 other means of transportation used to transport or for the deposit or
20 concealment of more than one hundred unstamped or unlawfully stamped
21 packages of cigarettes subject to tax under article twenty of this chap-
22 ter or by chapter thirteen of title eleven of the administrative code of
23 the city of New York, other than a vehicle or other means of transporta-
24 tion used by any person as a common carrier in transaction of business
25 as such common carrier, and such vehicle or other means of transporta-
26 tion shall be subject to forfeiture as hereinafter in this section
27 provided.
28 (b) Any peace officer designated in paragraph (e) of subdivision
29 [four] two of section 2.10 of the criminal procedure law, acting pursu-
30 ant to his special duties, or any police officer designated in section
31 1.20 of the criminal procedure law may seize any vehicle or other means
32 of transportation used to import tobacco products in excess of five
33 hundred cigars or ten pounds of tobacco for sale where the person
34 importing or causing such tobacco products to be imported has not been
35 appointed a distributor pursuant to section four hundred seventy-two of
36 this chapter, other than a vehicle or other means of transportation used
37 by any person as a common carrier in transaction of business as such
38 common carrier, and such vehicle or other means of transportation shall
39 be subject to forfeiture as hereinafter in this section provided.
40 § 29. Subdivision (a) of section 1848 of the tax law, as amended by
41 section 54 of part K of chapter 61 of the laws of 2011, is amended to
42 read as follows:
43 (a) Temporary seizure. Whenever a police officer designated in section
44 1.20 of the criminal procedure law or a peace officer designated in
45 paragraph (e) of subdivision [four] two of section 2.10 of such law,
46 acting pursuant to his special duties, shall discover any motor fuel or
47 diesel motor fuel which is being imported for use, distribution, storage
48 or sale in the state where the person importing or causing such motor
49 fuel or diesel motor fuel to be imported is not registered as a distrib-
50 utor under section two hundred eighty-three or section two hundred
51 eighty-two-a, of this chapter, as the case may be, such police officer
52 or peace officer is hereby authorized to seize and take possession of
53 such motor fuel or diesel motor fuel, together with the vehicle or other
54 means of transportation used to transport such motor fuel.
55 § 30. Section 47 of the workers' compensation law, as amended by chap-
56 ter 597 of the laws of 2004, is amended to read as follows:
S. 2647 20
1 § 47. Presumption as to the cause of disease. If the employee, at or
2 immediately before the date of disablement, was employed in any process
3 mentioned in the second column of the schedule of diseases in subdivi-
4 sion two of section three of this chapter, and his or her disease is the
5 disease in the first column of such schedule set opposite the
6 description of the process, the disease presumptively shall be deemed to
7 have been due to the nature of that employment. Any exposure to the
8 hazards of compressed air after July first, nineteen hundred forty-six
9 shall be presumed, in the absence of substantial evidence to the contra-
10 ry, to be injurious exposure. Any exposure to the hazards of harmful
11 dust in this state for a period of sixty days after September first,
12 nineteen hundred thirty-five, shall be presumed, in the absence of
13 substantial evidence to the contrary, to be an injurious exposure. With
14 respect to any state or local correction officer as defined in paragraph
15 (c) of subdivision [twenty-five] one of section 2.10 of the criminal
16 procedure law, safety and security officer employed by the office of
17 mental health, security hospital treatment assistant employed by the
18 office of mental health, any uniformed court officer or court clerk of
19 the unified court system having the powers of peace officer, the court
20 reporter or the court interpreter, an exposure to the blood or bodily
21 fluid of an individual, incarcerated, confined or otherwise, during the
22 course of his or her employment that is reported in writing to such
23 correction officer's, safety and security officer's, security hospital
24 treatment assistant's, uniformed court officer's, court clerk's, court
25 reporter's or court interpreter's employer within twenty-four hours of
26 such exposure, shall be presumed, in the absence of substantial evidence
27 to the contrary, to be an injurious exposure if, subsequent to such
28 exposure, such correction officer, safety and security officer, security
29 hospital treatment assistant, uniformed court officer, court clerk,
30 court reporter or court interpreter is diagnosed with a blood-borne
31 disease, including, but not limited to hepatitis C.
32 § 31. This act shall take effect immediately.
