Senate Bill S6987

                                BILL NUMBER:S6987

TITLE OF BILL:
An act to amend the criminal procedure law, in relation to designating
Yates county court security officers and animal control officers as
peace officers

PURPOSE:
The purpose of this measure is to insure that all persons who furnish
court security services have status as peace officers and have
training appropriate to the responsibilities they must discharge.
This will promote a more professional security force for the Courts,
and greater assurances of safety for the litigants, court employees
and the general public.

This bill would designate Animal Control Officers as "peace officers"
which will greatly enhance their ability to perform their
responsibilities while ensuring the well-being of the community other
law enforcement officers as well as the animals.

SUMMARY OF PROVISIONS:
Section 1 - Subdivision 70 of section 2.10 of the criminal procedure
law as added by chapter 555 of the laws of 1997 and renumbered by
chapter 385 of the laws of 2000, is amended to read that employees
appointed by the sheriff of Yates county pursuant to their special
duties serving as marine patrol officers, court security officers or
              

animal control officers, are authorized to carry, possess, repair or
dispose of a firearm while on-duty.

Section 2 - This act shall take effect immediately.

JUSTIFICATION:
Court Security Officers engage in crime prevention by virtue of being
a visible uniformed force on fixed posts and on patrol in and around
the Yates County Courthouse and County facilities.  Court Security
Officers are the only Peace Officers in the state with stop, question
and frisk power, (Ref. CPL 140.50). Court security Officers routinely
effect and assist law enforcement personnel with arrests, respond to
medical emergencies, conduct crowd control, respond to all threats
made against the facilities, respond to duress alarms, work with local
police agencies to effect inspection of crime scenes by Judges and
juries. Due to the increase in violence within our Courthouses across
the State and that Court Security Officers perform duties identical to
that of a Police Officer while performing their special duties has
resulted in the need for Court Security Officers to carry firearms
while on duty.

Court Security Officers provide judicial protection and may transport
members of the judiciary to and from court facilities as well as to
and from duties within the public arena. Additionally, Court Security
Officers provide protection to Judges at their homes in the event of
threats made against Judges.

Also, this measure should reduce costs for local governments and the
State. The training accorded peace officers is less broad, less time
consuming, and far less expensive than that accorded police officers.


By permitting localities to assign court security tasks to peace
officers, rather than to deputy sheriffs/police officers, this measure
will enable localities to save money.  Moreover, since peace officers
generally can be compensated at levels less than police officers,
reimbursement costs to the State under the United Court Budget Act can
be reduced.

This legislation is requested by the Yates County Sheriff and similar
legislation within CPL. 2.10 (Sub 68; 79; 80 and 81) that has been
enacted to extend peace officer status to court security officers
employed by the Wayne County Sheriffs Office (Bill A03980-A), Onondaga
County Sheriffs Office (Bill A06094), Lewis County Sheriffs Office
(Bill A07374-A), Monroe County Sheriffs Office (Bill S01271A),
Uniformed Court Officers of the United Court System (CPL.  2.10 sub.
21), Unified Court Officers outside of NYC (A03282A and S00021) and
several units of local government across the State of New York.

The Animal Control Officer for the County of Yates is responsible for
protecting the community from dangerous animals. In addition, the
Animal Control Officer is responsible for safeguarding animals from
inhuman treatment and responsible for the investigation of individuals
suspected of animal cruelty in accordance with the Article 26 of the
Agriculture and Markets Laws of New York State. In the enforcement of
the law this designation will insure his authority to issue an
appearance ticket to violators.

The County Animal Control Officer handles all animal complaints county
wide and assists three law enforcement agencies (County Sheriff, NYSP
and Penn Yan Police), as well as Public Health Dept. He is often
exposed to other endangerment of welfare and crimes in progress thus
peace officer training and certification will insure his proper
response and crime prevention and law enforcement.

Furthermore, while investigating complaints of animal cruelty or
dangerous animals, the Animal Control Officer often encounters
combative individuals who deter the ACO from carrying out his/her
assigned duties. The designation of "peace officer" will greatly
enhance the ACO's ability to perform these responsibilities while
ensuring the well-being of the community, other law enforcement
officers as well as the animals.

This legislation is requested by the Yates County Sheriff and is
similar to legislated law CPL 2.10 sub 7 (SPCA); Sub 56
(T/Brookhaven); Sub 68 (T/Arcadia), Sub 75 (T/Clarence); Sub 76 (City
of Peekskill), and Sub 79 (City of Elmira) all Animal Control Officers
of those respective jurisdictions.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.