New York

New York S 155 - Relates to Persons Designated as Peace Officers

New York S 155

by Sen. Pamela Helming (R) with Sens. Fred Ashkar (R), George Amendore (R), Patricia Richie (R), and Diane Savino (D)

LEAP Forward Position: Oppose


1. Notwithstanding the provisions of any general, special or local law or charter to the contrary, the following persons shall have the powers of, and shall be peace officers and shall have the authority to carry, possess, repair, or dispose of a firearm without an appropriate license therefor issued pursuant to section 400.00 of the penal law, and provided that such person shall exercise the powers of a peace officer only when he or she is acting pursuant to his or her special duties:

(a) Parole officers and warrant officers.
(a-1) Parole revocation specialists.
(b) Probation officers.
(c) Officials of the department of corrections and community super-vision and correction officers of any state correctional facility, appointed and designated by the commissioner as a peace officer; correction officers of any penal correctional institution appointed and designated by the sheriff of a county as a peace officer; and cell block attendants employed by a police department appointed and designated by the head of a police department as a peace officer. (d) Uniformed court officers, court clerks, marshalls, and deputy marshalls of the unified court system; court security officers, marshalls or court attendants appointed and designated as peace officers by a city, town, village or sheriff.
(e) Bridge and tunnel officers, sergeants and lieutenants of the Triborough bridge and tunnel authority.
(f) The sheriff, undersheriff, and deputy sheriffs of the city of New York and sworn officers of the Westchester county department of public safety services appointed after January thirty-first, nineteen hundred eighty-three to the title of public safety officer and who performs the functions previously performed by a Westchester county deputy sheriff on or prior to such date.
2. Notwithstanding the provisions of any general, special or local law or charter to the contrary, the following persons shall have the powers of, and shall be peace officers, provided however that nothing in this subdivision shall be deemed to authorize such officers to carry, priate license therefor has been issued pursuant to section 400.00 of the penal law unless such person was appointed prior to the effective date of this act, and provided that such person shall exercise the powers of a peace officer only when he or she is acting pursuant to his or her special duties:
(a) Constables or police constables of a town or village, provided such designation is not inconsistent with local law and appointed and designated by the town or village as peace officers.
(b) Bay constables of the village of Mamaroneck and the towns of Hempstead, Oyster Bay, South Hampton, North Hempstead and Islip who prior to April third, nineteen hundred ninety-eight served as harbormaster for such town and whose position was reclassified as bay constable for such town prior to such date, appointed and designated by the town as peace officers.
(c) Harbor masters appointed and designated by a county, city, town or village as peace officers.
(d) Officers or agents of a duly incorporated society for the prevention of cruelty to animals.
(e) Persons employed by a state or county or political subdivision of the state or county assigned to the investigation and enforcement of any criminal or tax law and designated by the state or county subdivision as a peace officer.
(f) Uniformed housing guards of the Buffalo municipal housing authority.
(g) Persons appointed and designated as peace officers by the Niagara frontier transportation authority, pursuant to subdivision thirteen of section twelve hundred ninety-nine-e of the public authorities law.