NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4655
SPONSOR: Jones TITLE OF BILL:
An act to amend the criminal procedure law, in relation to designating
officers and members of a fire investigation unit in a fire department
located in Franklin county as peace officers
PURPOSE:
Designates officers and members of a fire investigation unit as peace
officers in Franklin county.
SUMMARY OF PROVISIONS:
Section 1 amends Section 2.10 of the criminal procedure law by adding a
new subdivision that defines officers and members of the fire investi-
gation division in a fire department located in Franklin County as Peace
Officers, when acting in pursuant to their duties relating to fires.
JUSTIFICATION:
To effectively investigate fires or explosions in Franklin County, the
Fire Investigator of the County needs to be classified as a Peace Offi-
cer. This allows them to have the same powers of arrest, search and
seizure, and the securing and service of warrants as law enforcement
officers at the Franklin County Sheriffs office, as well as carry a
firearm while investigating fires, explosions, or arsons. The Fire
Investigator will go under both Peace Officer training and fire and
arson investigation training approved by the New York State Office of
Fire Prevention and Control.
LEGISLATIVE HISTORY:
05/17/24 referred to codes
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4655
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to designating
officers and members of a fire investigation unit in a fire department
located in Franklin county as peace officers
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. Officers and members of the fire investigation division in a fire
4 department located in the county of Franklin, when acting pursuant to
5 their special duties in matters arising under the laws relating to
6 fires, the extinguishment thereof and fire perils; provided, however,
7 that nothing in this subdivision shall be deemed to authorize such offi-
8 cer to carry, possess, repair or dispose of a firearm unless the appro-
9 priate license therefor has been issued pursuant to section 400.00 of
10 the penal law.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08638-01-5
