NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6255
SPONSOR: Weprin TITLE OF BILL:
An act to amend the general business law, in relation to the definition
of the term "peace officer" as such term is used in provisions of law
relating to security guards
PURPOSE OR GENERAL IDEA OF BILL:
To remove the reference to "part-time peace officer" in the Security
Guard act and allow for the ability to provide a training waiver to
peace officers whose training currently exceeds that of a security
guard.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 14 'of section 857f of the general business
law, as amended by chapter 634 of the laws of 1994 changing the defi-
nition of peace officer by removing the full-time employment require-
ment.
Section 2 sets an immediate effective date.
JUSTIFICATION:
Until 2009, there were different training requirements for part-time and
full-time peace officers, this change was justified by the fact that
part-time and full-time peace officers hold the same responsibilities
regardless of the hours they work, and therefore the training require-
ments should be the same for both part-time and full-time peace offi-
cers.
The Security Guard Act allows the Division of Criminal Justice Services
to issue a training waiver to a peace officer whose training exceeds the
training requirement for a security guard'. Under the current provision
of law, auxiliary police, who are part-time peace officers, would not
qualify for a waiver based on this definition. This bill would remove
the full.-time employment requirement within the definition of a peace
officer, which would qualify-auxiliary police for a waiver from training
requirements.
PRIOR LEGISLATIVE HISTORY:
05/07/18 referred to codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
6255
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the general business law, in relation to the definition
of the term "peace officer" as such term is used in provisions of law
relating to security guards
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 14 of section 89-f of the general business law,
2 as amended by chapter 634 of the laws of 1994, is amended to read as
3 follows:
4 14. "Peace officer" shall mean a peace officer as defined by subdivi-
5 sion thirty-three of section 1.20 of the criminal procedure law, who is
6 employed [full-time] as a peace officer and who has successfully
7 completed the training requirements as set forth in subdivision one of
8 section 2.30 of such law.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09639-01-3
