S T A T E O F N E W Y O R K ________________________________________________________________________ 3606--A Cal. No. 180 2013-2014 Regular Sessions I N S E N A T E February 7, 2013 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general business law, in relation to exempting certain officers of the departments of correction and sanitation of the city of New York from training requirements for security guards; and to amend the criminal procedure law, in relation to designating correction officers of New York city as peace officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraphs a, f and g of subdivision 4 of section 89-n of 2 the general business law, paragraphs a and f as amended and paragraph g 3 as added by chapter 221 of the laws of 2003, are amended and a new para- 4 graph h is added to read as follows: 5 a. a correction officer of any state correctional facility OR A MEMBER 6 OF THE UNIFORMED CORRECTION FORCE OF THE NEW YORK CITY DEPARTMENT OF 7 CORRECTION having the powers of a peace officer pursuant to subdivision 8 twenty-five of section 2.10 of the criminal procedure law; 9 f. a police officer as defined in paragraphs (a), (b), (c), (d), (e), 10 (f), (j), (k), (l), (o) and (p) of subdivision thirty-four of section 11 1.20 of the criminal procedure law who has been retired from such 12 employment for a period not to exceed ten years, provided, however, that 13 a retired police officer who has been retired from such employment for a 14 period in excess of ten years shall be required to provide proof to his 15 or her security guard employer of his or her satisfactory completion of 16 an eight hour annual in-service training course approved by the commis- 17 sioner, and provided further, however, that a retired police officer who EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05602-02-4 S. 3606--A 2 1 will be required by his or her security guard employer to carry a 2 firearm or will be authorized to have access to a firearm shall provide 3 to such employer proof of his or her satisfactory completion of a 4 forty-seven hour firearms training course approved by the commissioner 5 and, if such firearms training course has not been completed within one 6 year prior to such employment, satisfactory completion of an additional 7 eight hour annual firearms in-service training course approved by the 8 commissioner, such training course to be completed at least annually; 9 [or] 10 g. a peace officer as defined in subdivisions two, twenty and twenty- 11 five and paragraphs a and b of subdivision twenty-one of section 2.10 of 12 the criminal procedure law who has been retired from such employment for 13 a period not to exceed ten years, provided, however, that a retired 14 peace officer who has been retired from such employment for a period in 15 excess of ten years shall be required to provide proof to his or her 16 security guard employer of his or her satisfactory completion of an 17 eight hour annual in-service training course approved by the municipal 18 police training council, and provided further, however, that a retired 19 peace officer who will be required by his or her security guard employer 20 to carry a firearm or will be authorized to have access to a firearm 21 shall provide to such employer proof of his or her satisfactory 22 completion of a forty-seven hour firearms training course approved by 23 the municipal police training council and, if such firearms training 24 course has not been completed within one year prior to employment, 25 satisfactory completion of an additional eight hour annual firearms 26 in-service training course approved by the municipal police training 27 council, such training course to be completed at least annually[.]; OR 28 H. AN OFFICER OR MEMBER OF THE SANITATION POLICE OF THE DEPARTMENT OF 29 SANITATION OF THE CITY OF NEW YORK HAVING THE POWERS OF A PEACE OFFICER 30 PURSUANT TO SUBDIVISION FIFTY-NINE OF SECTION 2.10 OF THE CRIMINAL 31 PROCEDURE LAW. 32 S 2. Subdivision 25 of section 2.10 of the criminal procedure law, as 33 amended by section 70 of subpart B of part C of chapter 62 of the laws 34 of 2011, is amended to read as follows: 35 25. Officials, as designated by the commissioner of the department of 36 corrections and community supervision pursuant to rules of the depart- 37 ment, and correction officers of any state OR NEW YORK CITY correctional 38 facility or of any penal correctional institution. 39 S 3. This act shall take effect immediately.