NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5115
SPONSOR: Brook-Krasny TITLE OF BILL:
An act to amend the criminal procedure law, in relation to peace offi-
cers appointed by The Sea Gate Association
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will amend subdivision 46 of section 2.10 of the crimi-
nal procedure law by removing the restriction, which requires persons
appointed as peace officers by The Sea Gate Association to obtain a
license issued pursuant to section 400.00 of the penal law to carry,
possess, repair and or dispose of a firearm.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends subdivision 46 of section 2.10 of the criminal proce-
dure law by deleting all references to section 400.00 of the penal law
and the restrictions it imposes.
Section 2. Effective date.
JUSTIFICATION:
The members of The Sea Gate Police Department are responsible for
enforcing the criminal laws of the State of New York as well as certain
administrative laws of the City of New York. The Department employs law
enforcement professionals who are authorized under the criminal proce-
dure law to exercise the powers of peace officers in enforcing these
laws. Their duties include criminal investigations, serving warrants,
issuing summonses and making arrests. These duties expose them to the
same risks as other law enforcement officers and they must maintain
similar levels of physical and mental fitness to perform their duties.
They should therefore be granted the same type of protections and tools
to do their increasingly dangerous job as those offered to other law
enforcement professionals.
Officers of The Sea Gate Police Department are responsible for enforcing
all criminal and traffic laws of the State of New York, as well as vari-
ous other laws of the State and administrative rules and regulations of
the City of New York. Officers of the Department conduct varies duties
similar in nature to any full-service police department such as but not
limited to uniformed patrol; criminal investigations; execute warrants
with federal, state, and city agencies; issue criminal, civil, and traf-
fic summonses; as well as respond to all 911 calls for service within
our jurisdiction and make criminal arrests
Peace officers employed as law enforcement officers by The Sea Gate
Police Department are issued firearms by the Department as part of their
duties. However, the present law requires that they obtain a license
before they can carry such firearm. This is not required of other law
enforcement officers who are authorized to carry a firearm without the
requirement of such license. The requirement of a license is unnecessary
because the Department is responsible for screening, training and super-
vision of these peace officers. The Department's present background
investigation of applicants exceeds those outlined in section 400.00 of
the penal law. The current licensing process often involves substantial
delays that can interfere with the assignment of new officers. The
license application also becomes a public record that can compromise the
confidentiality of a peace officer's personal information. Further, such
licenses issued through the New York City Police Department limit the
officer to carry only one weapon, creating an unnecessary risk to the
officer's safety, by eliminating the Department's option of issuing
certain officers back-up weapons.
PRIOR LEGISLATIVE HISTORY:
Similar to A10327 of 2022 (Frontus)
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5115
2023-2024 Regular Sessions
IN ASSEMBLY
March 2, 2023
___________
Introduced by M. of A. BROOK-KRASNY -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to peace offi-
cers appointed by The Sea Gate Association
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 46 of section 2.10 of the criminal procedure
2 law, as added by chapter 175 of the laws of 1981, is amended to read as
3 follows:
4 46. Persons appointed as peace officers by [the] The Sea Gate Associ-
5 ation pursuant to the provisions of chapter three hundred ninety-one of
6 the laws of nineteen hundred forty[, provided, however, that nothing in
7 this subdivision shall be deemed to authorize such officer to carry,
8 possess, repair or dispose of a firearm unless the appropriate license
9 therefor has been issued pursuant to section 400.00 of the penal law].
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08366-01-3
