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S01258 Summary:

BILL NO    S01258 
                           
                           SAME AS    No same as
                           
                           SPONSOR    ADDABBO
                           
                           COSPNSR    DIAZ, HASSELL-THOMPSON, HUNTLEY, KLEIN, PARKER, SAVINO
                           
                           MLTSPNSR   
                           
                           Amd S1.20, rpld S2.10 sub 20, CP L; amd S553, Pub Auth L
                           
                           Extends police officer status to bridge and tunnel officers, sergeants and
                           lieutenants of the Triborough bridge and tunnel authority and authorizes such
                           authority to maintain a bridge and tunnel police department and a uniformed
                           bridge and tunnel police force.
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S01258 Actions:

BILL NO    S01258 
                           
                           01/06/2011 REFERRED TO CODES
                           
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S01258 Votes:

There are no votes for this bill in the current legislative session.
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S01258 Memo:

Memo not available
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S01258 Text:

                           S T A T E   O F   N E W   Y O R K
                           ________________________________________________________________________
                           
                           1258
                           
                           2011-2012 Regular Sessions
                           
                           I N  S E N A T E
                           
                           January 6, 2011
                           ___________
                           
                           Introduced  by  Sens.  ADDABBO,  DIAZ, HASSELL-THOMPSON, HUNTLEY, KLEIN,
                           PARKER, SAVINO -- read twice and ordered printed, and when printed  to
                           be committed to the Committee on Codes
                           
                           AN  ACT  to  amend  the  criminal procedure law, in relation to granting
                           police officer status to bridge and  tunnel  officers,  sergeants  and
                           lieutenants  of  the Triborough bridge and tunnel authority; repealing
                           subdivision 20 of section 2.10 of such law relating  thereto;  and  to
                           amend  the  public  authorities  law, in relation to providing certain
                           powers to the Triborough bridge and tunnel authority
                           
                           THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
                           BLY, DO ENACT AS FOLLOWS:
                           
                           1    Section  1.  Subdivision  34 of section 1.20 of the criminal procedure
                           2  law is amended by adding a new paragraph (w) to read as follows:
                           3    (W) BRIDGE AND TUNNEL  OFFICERS,  SERGEANTS  AND  LIEUTENANTS  OF  THE
                           4  TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
                           5    S 2. Subdivision 34-a of section 1.20 of the criminal procedure law is
                           6  amended by adding a new paragraph (e) to read as follows:
                           7    (E)  THE  "GEOGRAPHICAL  AREA OF EMPLOYMENT" FOR THE BRIDGE AND TUNNEL
                           8  POLICE FORCE OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL BE  ALL
                           9  FACILITIES OPERATED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
                           10    S  3.  Subdivision 20 of section 2.10 of the criminal procedure law is
                           11  REPEALED.
                           12    S 4. Section 553 of the public authorities law is amended by adding  a
                           13  new subdivision 7-b to read as follows:
                           14    7-B.  IN  ITS  DISCRETION  TO PROVIDE AND MAINTAIN A BRIDGE AND TUNNEL
                           15  POLICE DEPARTMENT AND A UNIFORMED BRIDGE AND TUNNEL POLICE  FORCE.  SUCH
                           16  DEPARTMENT AND FORCE SHALL HAVE THE POWER AND IT SHALL BE THEIR DUTY, IN
                           17  AND  ABOUT  BRIDGE  AND TUNNEL FACILITIES, TO PRESERVE THE PUBLIC PEACE,
                           18  PREVENT CRIME, AND ARREST OFFENDERS, SUPPRESS RIOTS, MOBS AND  INSURREC-
                           19  TIONS,  DISPERSE UNLAWFUL OR DANGEROUS ASSEMBLAGES AND ASSEMBLAGES WHICH
                           20  OBSTRUCT FREE PASSAGE; PROTECT THE RIGHTS OF PERSONS AND PROPERTY; GUARD
                           
                           EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                           [ ] is old law to be omitted.
                           LBD01376-01-1
                           S. 1258                             2
                           
                           1  THE PUBLIC HEALTH; REGULATE, DIRECT,  CONTROL  AND  RESTRICT  PEDESTRIAN
                           2  TRAFFIC; REMOVE ALL NUISANCES; ENFORCE AND PREVENT VIOLATION OF ALL LAWS
                           3  AND  ORDINANCES;  AND FOR THESE PURPOSES TO ARREST ALL PERSONS GUILTY OF
                           4  VIOLATING  ANY  LAW OR ORDINANCE. APPOINTMENTS TO SUCH BRIDGE AND TUNNEL
                               5  POLICE FORCE SHALL BE MADE IN ACCORDANCE WITH APPLICABLE  PROVISIONS  OF
                               6  THE  CIVIL SERVICE LAW AND ONLY PERSONS WHO HAVE NEVER BEEN CONVICTED OF
                               7  A FELONY, AND WHO ARE CITIZENS OF THE UNITED STATES SHALL  BE  APPOINTED
                               8  BRIDGE  AND TUNNEL PATROLMEN ON THE BRIDGE AND TUNNEL POLICE FORCE. EACH
                               9  MEMBER OF SUCH FORCE SHALL BE A POLICE OFFICER AS DEFINED  BY  PARAGRAPH
                              10  (W) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE
                              11  LAW.
                              12    THE  AUTHORITY  MAY APPOINT A NON-CIVILIAN CHIEF AND A DEPUTY CHIEF OF
                              13  THE BRIDGE AND TUNNEL POLICE DEPARTMENT WHO, IN THE  DISCRETION  OF  THE
                              14  AUTHORITY,  MAY  BE  SELECTED  FROM  THE  RANKS OF THE BRIDGE AND TUNNEL
                              15  POLICE FORCE, AND ASSIGN POWERS AND DUTIES TO THEM AND FIX THEIR COMPEN-
                              16  SATION. THE CHIEF SHALL BE THE  HEAD  OF  SUCH  DEPARTMENT.  DURING  THE
                              17  ABSENCE  OR  DISABILITY OF THE CHIEF, THE DEPUTY CHIEF SHALL POSSESS ALL
                              18  THE POWERS AND PERFORM ALL THE DUTIES OF THE  CHIEF.    THE  BRIDGE  AND
                              19  TUNNEL  POLICE  FORCE SHALL CONSIST OF CAPTAINS, LIEUTENANTS, SERGEANTS,
                              20  PATROLMEN AND POLICEWOMEN. THE AUTHORITY MAY DETAIL PERSONS IN THE  RANK
                              21  OF  CAPTAIN  OF  THE  BRIDGE  AND TUNNEL POLICE FORCE TO SERVE IN HIGHER
                              22  RANKS. A CAPTAIN WHEN SO DETAILED TO SERVE  IN  A  HIGHER  RANK  MAY  BE
                              23  GRANTED  AN  INCREASE IN SALARY ABOVE THE GRADE ESTABLISHED FOR THE RANK
                              24  OF CAPTAIN IN THE UNIFORMED FORCE.
                              25    S 5. This act shall take effect immediately.
                           
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A04304 Summary:

BILL NO    A04304 
                           
                           SAME AS    Same as S 646
                           
                           SPONSOR    Cusick (MS)
                           
                           COSPNSR    Markey, Pheffer, DenDekker, Zebrowski
                           
                           MLTSPNSR   Boyland, Colton, Lavine, Malliotakis, Montesano, Rivera N, Saladino,
                                      Tobacco
                           
                           Amd S140.50, CP L
                           
                           Authorizes Triborough bridge and tunnel peace officers the right to temporarily
                           stop and question persons and conduct frisk for weapons.
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A04304 Actions:

BILL NO    A04304 
                           
                           02/03/2011 referred to codes
                           
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A04304 Votes:

There are no votes for this bill in the current legislative session.
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A04304 Memo:

BILL NUMBER:A4304
                           
                           TITLE OF BILL:  An act to amend the criminal procedure law, in relation
                           to adding Triborough bridge and tunnel authority peace officers to those
                           able to conduct temporary questioning of persons
                           
                           PURPOSE OR GENERAL IDEA OF BILL: To enhance the role of the peace offi-
                           cers employed by the TBTA in or about facilities operated by the TBTA by
                           including the TBTA's officers in the provision of the criminal procedure
                           law which permits certain peace officers to stop and frisk to afford
                           better protection to citizens.
                           
                           SUMMARY OF SPECIFIC PROVISIONS: Amends section 140.50 of the Criminal
                           Procedure Law by adding new subdivision 3.
                           
                           JUSTIFICATION: The State has seen an increased need for public security
                           since the unwarranted attacks on the World Trade Center on 9/11/01.
                           Currently, officers of the TBTA are charged with protecting those bridg-
                           es and tunnels in and around New York City under TBTA control. However
                           they are not entitled to question or frisk suspects in accordance with
                           the Criminal Procedure Law. Sergeants, lieutenants and other officers of
                           the TBTA are highly trained peace officers. This bill will enhance their
                           capacity to protect citizens who travel the bridges and tunnels by
                           permitting the TBTA officers to stop and question, and if necessary,
                           frisk persons who are acting in a suspicious manner. The Bridge and
                           Tunnel sergeants, lieutenants and other officers are most familiar with
                           the patrons who travel these vital arteries every day. With this famili-
                           arity they are most capable of spotting unusual behavior which could
                           lead to the mass destruction of our bridges and tunnels. To deny these
                           officers the ability to question and frisk suspicious people, puts the
                           public at risk.
                           
                           PRIOR LEGISLATIVE HISTORY: 2003: A7023 - Rules 2004:  A7023 - Codes
                           2005-2006 A.7399 - Codes 2007-2008 A.6683 - Codes; 2009-2010: A5111 -
                           Codes
                           
                           FISCAL IMPLICATIONS: None.
                           
                           EFFECTIVE DATE: This act shall take effect on the first of December next
                           succeeding the date on which it shall have become law.
                           

A04304 Text:

                           S T A T E   O F   N E W   Y O R K
                                  ________________________________________________________________________
                           
                                                                    4304
                           
                                                         2011-2012 Regular Sessions
                           
                                                            I N  A S S E M B L Y
                           
                                                              February 3, 2011
                                                                 ___________
                           
                                  Introduced by M. of A. CUSICK, MARKEY, PHEFFER, DenDEKKER -- Multi-Spon-
                                    sored  by  -- M. of A.  BOYLAND, COLTON, LAVINE, N. RIVERA, TOBACCO --
                                    read once and referred to the Committee on Codes
                           
                                  AN ACT to amend the  criminal  procedure  law,  in  relation  to  adding
                                    Triborough bridge and tunnel authority peace officers to those able to
                                    conduct temporary questioning of persons
                           
                                    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
                                  BLY, DO ENACT AS FOLLOWS:
                           
                               1    Section 1. Section 140.50 of the criminal procedure law, as amended by
                               2  chapter 911 of the laws of 1972, subdivision 1 as amended by chapter 714
                               3  of the laws of 1973, subdivision 2 as amended by chapter 237 of the laws
                               4  of 1985 and subdivision 4 as added by chapter 176 of the laws  of  2010,
                               5  is amended to read as follows:
                               6  S  140.50  Temporary questioning of persons in public places; search for
                               7             weapons.
                               8    1. In addition to the authority provided by this article for making an
                               9  arrest without a warrant, a police officer may stop a person in a public
                              10  place located within the geographical area of such officer's  employment
                              11  when  [he]  SUCH  POLICE OFFICER reasonably suspects that such person is
                              12  committing, has committed or is about to commit either (a) a  felony  or
                              13  (b)  a misdemeanor defined in the penal law, and may demand [of him his]
                              14  SUCH PERSON'S name, address and an explanation of his OR HER conduct.
                              15    2. Any person who  is  a  peace  officer  and  who  provides  security
                              16  services  for any court of the unified court system may stop a person in
                              17  or about the courthouse to which [he] SUCH  PEACE  OFFICER  is  assigned
                              18  when  [he]  SUCH  PEACE  OFFICER reasonably suspects that such person is
                              19  committing, has committed or is about to commit either (a) a  felony  or
                              20  (b)  a misdemeanor defined in the penal law, and may demand [of him his]
                              21  SUCH PERSON'S name, address and an explanation of his OR HER conduct.
                              22    3. ANY PERSON WHO IS A PEACE OFFICER AND ENFORCES  ALL  PROVISIONS  OF
                              23  LAW  IN AND ABOUT THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FACILITIES,
                           
                                   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                                                        [ ] is old law to be omitted.
                                                                                             LBD00539-01-1
                                  A. 4304                             2
                           
                               1  MAY STOP A PERSON IN OR ABOUT SUCH FACILITIES TO WHICH SUCH PEACE  OFFI-
                               2  CER  IS  ASSIGNED  WHEN SUCH PEACE OFFICER REASONABLY SUSPECTS THAT SUCH
                               3  PERSON IS COMMITTING, HAS COMMITTED OR IS ABOUT TO COMMIT EITHER  (A)  A
                               4  FELONY  OR  (B)  A  MISDEMEANOR DEFINED IN THE PENAL LAW, AND MAY DEMAND
                               5  SUCH PERSON'S NAME, ADDRESS AND AN EXPLANATION OF HIS OR HER CONDUCT.
                               6    4. When upon stopping  a  person  under  circumstances  prescribed  in
                               7  subdivisions  one  [and],  two,  AND THREE, a police officer [or], court
                               8  officer, OR  TRIBOROUGH  BRIDGE  AND  TUNNEL  AUTHORITY  PEACE  OFFICER,
                               9  SERGEANT,  OR  LIEUTENANT,  as the case may be, reasonably suspects that
                              10  [he] SUCH OFFICER is in danger of physical injury, he OR SHE may  search
                              11  such  person for a deadly weapon or any instrument, article or substance
                              12  readily capable of causing serious physical injury and  of  a  sort  not
                              13  ordinarily carried in public places by law-abiding persons. If [he] SUCH
                              14  OFFICER  finds  [such]  a  weapon  or  instrument, or any other property
                              15  possession of which he OR SHE reasonably  believes  may  constitute  the
                              16  commission  of  a  crime,  he  OR  SHE may take it and keep it until the
                              17  completion of the questioning, at which time  he  OR  SHE  shall  either
                              18  return it, if lawfully possessed, or arrest such person.
                              19    [4.]  5.  In cities with a population of one million or more, informa-
                              20  tion that establishes the personal identity of  an  individual  who  has
                              21  been  stopped,  questioned  and/or  frisked by a police officer or peace
                              22  officer, such as the name, address or social  security  number  of  such
                              23  person,  shall  not be recorded in a computerized or electronic database
                              24  if that individual is released without further legal  action;  provided,
                              25  however,  that  this  subdivision  shall not prohibit police officers or
                              26  peace officers from including in a computerized or  electronic  database
                              27  generic  characteristics  of an individual, such as race and gender, who
                              28  has been stopped, questioned and/or frisked by a police officer or peace
                              29  officer.
                              30    S 2. This act shall take effect on the first of December next succeed-
                              31  ing the date on which it shall have become a law.
                           
 

POLLUTION TASK FORCE BILL PASSED!
 

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