STATE OF NEW YORK
________________________________________________________________________
7694
IN SENATE
February 8, 2018
___________
Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the public officers law, in relation to residency
requirements for certain peace officers in Albany county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 3-b of the public officers law, as
2 amended by chapter 497 of the laws of 2012, is amended to read as
3 follows:
4 1. No sheriff of a county, mayor of a city, or official, or other
5 persons authorized by law to appoint special deputy sheriffs, special
6 constables, marshals, police officers, or peace officers in this state,
7 to preserve the public peace or quell public disturbance, shall hereaft-
8 er, at the instance of any agent, society, association or corporation,
9 or otherwise, appoint as such special deputy, special constable,
10 marshal, police officer, or peace officer, any person who shall not be a
11 citizen of the United States and a resident of the state of New York,
12 and entitled to vote therein at the time of his appointment, and a resi-
13 dent of the same county as the mayor or sheriff or other official making
14 such appointment; provided, however, that when, in the judgment of a
15 sheriff of a county except those counties within the city of New York a
16 situation exists which requires temporary additional assistance, such
17 sheriff may appoint special deputy sheriffs who are non-residents of the
18 county but residents of the state of New York who shall hold office
19 until such time as the appointing sheriff determines that the situation
20 no longer exists; and no person shall assume or exercise the functions,
21 powers, duties or privileges incident and belonging to the office of
22 special deputy sheriff, special constables, marshal, police officer, or
23 peace officer, without having first received his appointment in writing
24 from the authority lawfully appointing him. Nothing herein contained,
25 however, shall apply to the appointment of a non-resident, as an emer-
26 gency special deputy sheriff, by the sheriff of any county to act when
27 such sheriff has declared a state of special emergency pursuant to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14659-01-8
S. 7694 2
1 provisions of section two hundred nine-f of the general municipal law.
2 Any person otherwise qualified who resides in either the county of
3 Nassau or the county of Suffolk may at the instance of a society for the
4 prevention of cruelty to animals be appointed as a peace officer by the
5 appropriate appointing official of either of such counties notwithstand-
6 ing that such appointee does not reside in the same county as the
7 appointing official. Provided, further, that any person qualified who
8 resides in a county adjacent to the county of Allegany may at the
9 instance of the society for the prevention of cruelty to animals for the
10 county of Allegany be appointed as a peace officer by the appropriate
11 appointing official of the county of Allegany. Provided, further, that
12 any person qualified who resides in a county adjacent to the county of
13 Albany may at the instance of the society for the prevention of cruelty
14 to animals for the county of Albany be appointed as a peace officer by
15 the appropriate appointing official of the county of Albany.
16 § 2. This act shall take effect immediately.
