STATE OF NEW YORK
        ________________________________________________________________________
                                           155
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sens.  HELMING, AKSHAR, AMEDORE, RITCHIE, 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, the alcoholic beverage
          control law, the administrative code of the  city  of  New  York,  the
          correction law, the civil rights law, the civil service law, the exec-
          utive  law,  the general business law, the public authorities law, the
          public health law, the public officers law, the penal law, the tax law
          and the workers' compensation law, in relation to peace officers;  and
          to  repeal  certain  provisions of the criminal procedure law relating
          thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Sections  2.10 and 2.16 of the criminal procedure law are
     2  REPEALED and a new section 2.10 is added to read as follows:
     3  § 2.10 Persons designated as peace officers.
     4    1. Notwithstanding the provisions of any general, special or local law
     5  or charter to the contrary, the following persons shall have the  powers
     6  of,  and  shall be peace officers and shall have the authority to carry,
     7  possess, repair, or dispose of a firearm without an appropriate  license
     8  therefor  issued  pursuant  to  section  400.00  of  the  penal law, and
     9  provided that such person shall exercise the powers of a  peace  officer
    10  only when he or she is acting pursuant to his or her special duties:
    11    (a) Parole officers and warrant officers.
    12    (a-1) Parole revocation specialists.
    13    (b) Probation officers.
    14    (c)  Officials  of  the department of corrections and community super-
    15  vision and correction  officers  of  any  state  correctional  facility,
    16  appointed  and  designated  by  the  commissioner  as  a  peace officer;
    17  correction officers of any penal correctional institution appointed  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04958-01-9

        S. 155                              2
     1  designated by the sheriff of a county as a peace officer; and cell block
     2  attendants  employed  by a police department appointed and designated by
     3  the head of a police department as a peace officer.
     4    (d)  Uniformed  court  officers,  court  clerks, marshalls, and deputy
     5  marshalls of the unified court system; court  security  officers,  mars-
     6  halls  or court attendants appointed and designated as peace officers by
     7  a city, town, village or sheriff.
     8    (e) Bridge and tunnel  officers,  sergeants  and  lieutenants  of  the
     9  Triborough bridge and tunnel authority.
    10    (f)  The sheriff, undersheriff, and deputy sheriffs of the city of New
    11  York and sworn officers of the Westchester county department  of  public
    12  safety  services  appointed after January thirty-first, nineteen hundred
    13  eighty-three to the title of public safety officer and who performs  the
    14  functions previously performed by a Westchester county deputy sheriff on
    15  or prior to such date.
    16    2. Notwithstanding the provisions of any general, special or local law
    17  or  charter to the contrary, the following persons shall have the powers
    18  of, and shall be peace officers, provided however that nothing  in  this
    19  subdivision  shall  be  deemed  to  authorize  such  officers  to carry,
    20  possess, repair or dispose of a firearm unless the  appropriate  license
    21  therefor  has  been  issued  pursuant to section 400.00 of the penal law
    22  unless such person was appointed prior to the  effective  date  of  this
    23  act,  and provided that such person shall exercise the powers of a peace
    24  officer only when he or she is acting pursuant to  his  or  her  special
    25  duties:
    26    (a)  Constables  or  police  constables of a town or village, provided
    27  such designation is not inconsistent with local law  and  appointed  and
    28  designated by the town or village as peace officers.
    29    (b) Bay constables of the village of Mamaroneck and the towns of Hemp-
    30  stead, Oyster Bay, South Hampton, North Hempstead and Islip who prior to
    31  April  third,  nineteen  hundred ninety-eight served as harbormaster for
    32  such town and whose position was reclassified as bay constable for  such
    33  town  prior  to such date, appointed and designated by the town as peace
    34  officers.
    35    (c) Harbor masters appointed and designated by a county, city, town or
    36  village as peace officers.
    37    (d) Officers  or  agents  of  a  duly  incorporated  society  for  the
    38  prevention of cruelty to animals.
    39    (e)  Persons employed by a state or county or political subdivision of
    40  the state or county assigned to the investigation and enforcement of any
    41  criminal or tax law and designated by the state or county subdivision as
    42  a peace officer.
    43    (f) Uniformed housing guards of the Buffalo municipal housing authori-
    44  ty.
    45    (g) Persons appointed and designated as peace officers by the  Niagara
    46  frontier  transportation  authority, pursuant to subdivision thirteen of
    47  section twelve hundred ninety-nine-e of the public authorities law.
    48    3. Notwithstanding the provisions of any general, special or local law
    49  or charter to the contrary, the following persons shall have the  powers
    50  of,  and  shall  be peace officers provided however that nothing in this
    51  subdivision shall  be  deemed  to  authorize  such  officers  to  carry,
    52  possess,  repair  or dispose of a firearm unless the appropriate license
    53  therefor has been issued pursuant to section 400.00 of the penal law and
    54  the employer has authorized such officer to possess a firearm during any
    55  phase of the officer's on-duty employment and provided that such  person

        S. 155                              3
     1  shall  exercise  the  powers  of  a peace officer only when he or she is
     2  acting pursuant to his or her special duties:
     3    (a)  Supervising  fire  inspectors,  fire  inspectors, fire marshalls,
     4  chief fire marshalls, and  assistant  fire  marshalls,  fire  prevention
     5  employees,  fire  investigators employed by and appointed and designated
     6  as a peace officer by the state, a county, city, or a political subdivi-
     7  sion of the state, county or city  or  a  fire  department  when  acting
     8  pursuant  to  their  special  duties  in  matters arising under the laws
     9  relating to fires, the extinguishment thereof and fire perils.
    10    (b) Persons employed by  a  college,  university,  sheriff  or  police
    11  department as members of the security force of such college or universi-
    12  ty   for  the  protection  of  grounds,  buildings,  and  property,  the
    13  prevention of crime and enforcement of law and order and the enforcement
    14  of such rules and regulations of such college or university when  desig-
    15  nated  by  the  college or university as a peace officer. The geographic
    16  area of employment for peace officers  employed  by  the  University  of
    17  Rochester  shall  include  any public street and sidewalk that abuts the
    18  grounds, buildings or property of such university. Special deputy  sher-
    19  iffs  appointed  by the sheriff of Tompkins county for the protection of
    20  the  grounds,  buildings  and  property  of  Ithaca  college  may,  when
    21  requested by the sheriff, provide assistance on any public highway which
    22  crosses  or  adjoins  such  property. Syracuse University peace officers
    23  appointed by the chief law enforcement officer of the city  of  Syracuse
    24  for  the  protection  of the grounds, buildings and property of Syracuse
    25  University may, when requested by the chief law enforcement  officer  of
    26  the city of Syracuse or his or her designee, including by means of writ-
    27  ten protocols agreed to by the chief law enforcement officer of the city
    28  of  Syracuse  and  Syracuse University, provide assistance on any public
    29  highway which crosses or adjoins such grounds or premises.   Nothing  in
    30  this  paragraph  shall  be  deemed to limit any of the specific training
    31  requirements set forth in the education law.
    32    (c) Parole revocation specialists in the department of corrections and
    33  community notification.
    34    (d) The welfare inspector general and investigators designated by  the
    35  welfare inspector general.
    36    (e)  The  workers'  compensation  fraud inspector general and investi-
    37  gators designated by the workers' compensation fraud inspector general.
    38    (f) Parks, recreation, or forest rangers employed by and appointed and
    39  designated as peace officers by the  state,  a  county  or  a  political
    40  subdivision of the state or county.
    41    (g)  Officers  or  agents  of  a  duly  incorporated  society  for the
    42  prevention of cruelty to children in Rockland county.
    43    (h) Special policemen designated by the commissioner and the directors
    44  of in-patient facilities in the office  of  mental  health  pursuant  to
    45  section 7.25 of the mental hygiene law, and special policemen designated
    46  by  the commissioner and the directors of facilities under his jurisdic-
    47  tion in the office for people with developmental  disabilities  pursuant
    48  to section 13.25 of the mental hygiene law.
    49    (i)  Persons  designated  as  special  policemen  by the director of a
    50  hospital in the department of health pursuant to  section  four  hundred
    51  fifty-five of the public health law.
    52    (j) Uniformed enforcement forces of the New York state thruway author-
    53  ity,  when  acting  pursuant to subdivision two of section three hundred
    54  sixty-one of the public authorities law.
    55    (k) Employees of the  department  of  health  designated  pursuant  to
    56  section thirty-three hundred eighty-five of the public health law.

        S. 155                              4
     1    (l)  Bay constables of the city of Rye, the village of South Nyack and
     2  bay constables of the towns of East Hampton, Riverhead, Southold, Islip,
     3  Shelter Island, Brookhaven, Babylon, Smithtown and Huntington  appointed
     4  and designated by the town, city or village as peace officers.
     5    (m) Patrolmen appointed and designated by the Lake George park commis-
     6  sion as peace officers.
     7    (n) Peace officers appointed and designated pursuant to the provisions
     8  of  the  New  York  state defense emergency act, as set forth in chapter
     9  seven hundred eighty-four of the laws of nineteen hundred fifty-one,  as
    10  amended, when acting pursuant to their special duties during a period of
    11  attack  or  imminent  attack  by enemy forces, or during official drills
    12  called to combat natural  or  man-made  disasters,  or  during  official
    13  drills  in  preparation  for an attack by enemy forces or in preparation
    14  for a natural or man-made disaster; provided  that  such  officer  shall
    15  have  the powers set forth in section 2.20 of this article only during a
    16  period of imminent or actual attack by enemy forces  and  during  drills
    17  authorized  under  section twenty-nine-b of the executive law, providing
    18  for the use of civil defense forces in  disasters.  Notwithstanding  any
    19  other provision of law, such officers shall have the power to direct and
    20  control  traffic  during official drills in preparation for an attack by
    21  enemy forces or in preparation for combating natural or man-made  disas-
    22  ters;  however,  this grant does not include any of the other powers set
    23  forth in section 2.20 of this article.
    24    (o) New York city special patrolmen appointed by  the  police  commis-
    25  sioner provided, however, that nothing in this paragraph shall be deemed
    26  to  authorize  such officer to carry a firearm for which the appropriate
    27  license therefor has been issued pursuant to section 400.00 of the penal
    28  law unless the employer has authorized such officer to possess a firearm
    29  during any phase of the officers on-duty employment.  Special  patrolmen
    30  shall  have  the  powers  set forth in section 2.20 of this article only
    31  when they are acting pursuant to their special duties; provided,  howev-
    32  er,  that  the  following  categories of New York city special patrolmen
    33  shall have such powers whether or not they are acting pursuant to  their
    34  special  duties:  school safety officers employed by the board of educa-
    35  tion of the city of New York;  parking  control  specialists,  taxi  and
    36  limousine  inspectors,  urban  park  rangers  and  evidence and property
    37  control specialists employed by  the  city  of  New  York;  and  further
    38  provided that, with respect to the aforementioned categories of New York
    39  city  special  patrolmen,  where  such  a  special  patrolman  has  been
    40  appointed by the police commissioner and, upon the  expiration  of  such
    41  appointment the police commissioner has neither renewed such appointment
    42  nor  explicitly  determined  that such appointment shall not be renewed,
    43  such appointment shall remain in full  force  and  effect  indefinitely,
    44  until  such  time  as  the  police  commissioner expressly determines to
    45  either renew or terminate such appointment.
    46    (p) All officers and members of the uniformed force of  the  New  York
    47  city  fire  department  as  set  forth  and  subject  to any limitations
    48  contained in the administrative code of the city of New York.
    49    (q) Special policemen  for  horse  racing,  appointed  and  designated
    50  pursuant  to sections two hundred twenty-three, three hundred twelve and
    51  four hundred twelve of the racing,  pari-mutuel  wagering  and  breeding
    52  law.
    53    (r) Waterfront and airport investigators, pursuant to subdivision four
    54  of section 5-b of part II of the waterfront and airport commission act.
    55    (s)  Special  patrolmen of a political subdivision, appointed pursuant
    56  to section two hundred nine-v of the general municipal law.

        S. 155                              5
     1    (t) Special officers employed by the city of New York or  by  the  New
     2  York city health and hospitals corporation. The New York city health and
     3  hospitals  corporation shall employ peace officers appointed pursuant to
     4  this subdivision to perform the patrol, investigation,  and  maintenance
     5  of  the  peace  duties  of  special  officer, senior special officer and
     6  hospital security officer, provided however that nothing in  this  para-
     7  graph  shall  prohibit  managerial,  supervisory,  or  state licensed or
     8  certified professional employees of the corporation from performing such
     9  duties where they are incidental to their usual duties, or shall prohib-
    10  it police officers employed by the city  of  New  York  from  performing
    11  these duties.
    12    (u)  Fire  police  squads  organized  pursuant  to section two hundred
    13  nine-c of the general municipal law, at such times as the  fire  depart-
    14  ment,  fire  company  or  an emergency rescue and first aid squad of the
    15  fire department or fire company are on duty, or when, on orders  of  the
    16  chief  of the fire department or fire company of which they are members,
    17  they are separately engaged in response to a call for assistance  pursu-
    18  ant to the provisions of section two hundred nine of the general munici-
    19  pal law.
    20    (v) Housing patrolmen of the Mount Vernon housing authority, appointed
    21  and  designated  as  peace  officers and acting pursuant to rules of the
    22  Mount Vernon housing authority.
    23    (w) Persons appointed and designated as peace officers by the Sea Gate
    24  Association pursuant to the provisions of chapter three hundred  ninety-
    25  one of the laws of nineteen hundred forty.
    26    (x)  New  York  state air base security guards when they are appointed
    27  and designated as peace officers under military regulations  promulgated
    28  by  the  chief of staff to the governor and when performing their duties
    29  as air base security guards pursuant to  orders  issued  by  appropriate
    30  military authority.
    31    (y)  Members  of  the  army  national  guard  military  police and air
    32  national guard security personnel belonging to the organized militia  of
    33  the  state  of  New York when they are appointed and designated as peace
    34  officers under military regulations promulgated by the adjutant  general
    35  and  when  performing their duties as military policemen or air security
    36  personnel pursuant to orders issued by appropriate military authority.
    37    (z) Transportation supervisors in the city of White  Plains  appointed
    38  and designated by the commissioner of public safety in the city of White
    39  Plains as peace officers.
    40    (aa)  Security hospital treatment assistants, appointed and designated
    41  by the commissioner of the office of mental  health  as  peace  officers
    42  while performing duties in or arising out of the course of their employ-
    43  ment.
    44    (bb) Authorized agents of the municipal directors of weights and meas-
    45  ures  in  the  counties  of  Suffolk, Nassau and Westchester when acting
    46  pursuant to their special duties as set forth  in  section  one  hundred
    47  eighty-one of the agriculture and markets law.
    48    (cc)  Special  policemen  appointed  and designated by a town as peace
    49  officers pursuant to section one hundred fifty-eight of the town law.
    50    (dd) Dog control and animal control officers appointed and  designated
    51  as peace officers by a political subdivision of the state.
    52    (ee)  Harbor  park rangers employed by the Snug Harbor cultural center
    53  in Richmond county and appointed as New York city special  patrolmen  by
    54  the  police commissioner pursuant to the administrative code of the city
    55  of New York.  Notwithstanding any provision of law, rule or  regulation,
    56  such  officers  shall be authorized to issue appearance tickets pursuant

        S. 155                              6
     1  to section 150.20 of this chapter, and shall have such other  powers  as
     2  are  specified in section 2.20 of this article only when acting pursuant
     3  to their special duties.
     4    (ff) Officers of the Westchester county public safety emergency force,
     5  when  activated  by  the commissioner of public safety or the sheriff of
     6  the county of Westchester.
     7    (gg) Uniformed members of the  security  force  of  the  Troy  housing
     8  authority  appointed  and  designated  by  the Troy housing authority as
     9  peace officers.
    10    (hh) Officers and members of the sanitation police of  the  department
    11  of  sanitation of the city of New York, duly appointed and designated as
    12  peace officers by such department.  Provided, further, that  nothing  in
    13  this  paragraph  shall be deemed to apply to officers and members of the
    14  sanitation police regularly and exclusively assigned to  enforcement  of
    15  such city's residential recycling laws.
    16    (ii)  Employees of the office of children and family services assigned
    17  to transport and warrants units who are specifically designated  by  the
    18  director in accordance with section five hundred four-b of the executive
    19  law.
    20    (jj) Employees appointed and designated as peace officers by a sheriff
    21  pursuant  to  their  special  duties  serving as uniformed marine patrol
    22  officers.
    23    (kk) Airport security guards, senior airport security guards,  airport
    24  security  supervisors, retired police officers, and supervisors of same,
    25  who are appointed and designated by resolution of the town board of  the
    26  town  of Islip to provide security at Long Island MacArthur Airport when
    27  acting pursuant to their  duties  as  such,  and  such  authority  being
    28  specifically limited to the grounds of the said airport.
    29    (ll)  Members  of the security force employed and appointed and desig-
    30  nated as peace officers by Erie County Medical Center.
    31    (mm) Employees of the New  York  city  business  integrity  commission
    32  appointed  and  designated  as peace officers by the chairperson of such
    33  commission.
    34    (nn) Members of the security force employed by Kaleida  Health  within
    35  and  directly  adjacent  to the hospital buildings on the medical campus
    36  located between East North  Street,  Goodell  Street,  Main  Street  and
    37  Michigan  Avenue.  These  officers  shall only have the powers listed in
    38  paragraph (c) of subdivision one of section 2.20  of  this  article,  as
    39  well  as  the  power  to detain an individual for a reasonable period of
    40  time while awaiting the arrival of law enforcement,  provided  that  the
    41  officer  has  actual  knowledge, or probable cause to believe, that such
    42  individual has committed an offense.
    43    (oo) Watershed protection and enforcement officers  appointed  by  the
    44  city of Peekskill. Such officers shall only have the powers set forth in
    45  paragraphs  (a),  (b),  (c),  (f),  (g),  and  (h) of subdivision one of
    46  section 2.20 of this  article  and,  notwithstanding  paragraph  (b)  of
    47  subdivision  thirty-four-a  of  section 1.20 of this title and paragraph
    48  (b) of subdivision five of section 140.25  of  this  chapter,  watershed
    49  protection  and  enforcement officers are authorized to make arrests and
    50  issue appearance tickets in those areas of the  Hollow  Brook  watershed
    51  and  Wiccopee  reservoir located outside of the city of Peekskill in the
    52  counties of Putnam and  Westchester,  including  along  its  reservoirs,
    53  shoreline, and tributaries.
    54    §  2.  Subdivision 23 of section 105 of the alcoholic beverage control
    55  law, as added by section 1 of part F of chapter 85 of the laws of  2002,
    56  is amended to read as follows:

        S. 155                              7
     1    23.  All  premises  licensed  under sections fifty-four, fifty-four-a,
     2  sixty-three and  seventy-nine  of  this  chapter  shall  be  subject  to
     3  inspection  by  any  peace officer described in [subdivision four] para-
     4  graph (e) of subdivision two of section 2.10 of the  criminal  procedure
     5  law acting pursuant to his special duties, or police officer or any duly
     6  authorized  representative  of  the  state  liquor authority, during the
     7  hours when the said premises are open for the transaction of business.
     8    § 3. Paragraph 7 of subdivision a of section 10-131 of the administra-
     9  tive code of the city of New York, as amended by chapter 195 of the laws
    10  of 2005, is amended to read as follows:
    11    7. A fee shall not be charged or  collected  for  the  issuance  of  a
    12  license, or the renewal thereof, to have and carry concealed a pistol or
    13  revolver  which  is  issued  upon the application of a qualified retired
    14  police officer as defined in subdivision thirty-four of section 1.20  of
    15  the  criminal  procedure  law,  or a qualified retired bridge and tunnel
    16  officer, sergeant or lieutenant of  the  triborough  bridge  and  tunnel
    17  authority  as defined under paragraph (e) of subdivision [twenty] one of
    18  section 2.10 of the criminal  procedure  law,  or  a  qualified  retired
    19  uniformed  court  officer  in  the  unified court system, or a qualified
    20  retired court clerk in the unified court system in the first and  second
    21  judicial  departments,  as defined in [paragraphs a and b of subdivision
    22  twenty-one] paragraph (d) of subdivision one  of  section  2.10  of  the
    23  criminal  procedure  law  or  a retired correction officer as defined in
    24  [subdivision twenty-five] paragraph (c) of subdivision  one  of  section
    25  2.10  of  the  criminal  procedure  law  or a qualified retired sheriff,
    26  undersheriff or deputy sheriff of the city of New York as defined  under
    27  paragraph  (f)  of subdivision [two] one of section 2.10 of the criminal
    28  procedure law.
    29    § 4. Subdivision (a) of section 11-4021 of the administrative code  of
    30  the  city of New York, as amended by chapter 556 of the laws of 2011, is
    31  amended to read as follows:
    32    (a) Whenever a police officer designated in section 1.20 of the crimi-
    33  nal procedure law or a peace officer  designated  in  paragraph  (e)  of
    34  subdivision  [five]  two of section 2.10 of such law, acting pursuant to
    35  his special duties, shall discover any cigarettes  subject  to  any  tax
    36  provided  by  chapter thirteen of this title, and upon which the tax has
    37  not been paid or the stamps not affixed as  required  by  such  chapter,
    38  they  are  hereby  authorized  and empowered forthwith to seize and take
    39  possession of such cigarettes, together  with  any  vending  machine  or
    40  receptacle  in  which  they  are held for sale. Such cigarettes, vending
    41  machine or receptacle seized by a police officer or such  peace  officer
    42  shall be turned over to the commissioner of finance.
    43    § 5. Paragraph 2 of subdivision (c) of section 11-4023 of the adminis-
    44  trative code of the city of New York, as added by local law number 97 of
    45  the city of New York for the year 2013, is amended to read as follows:
    46    (2)  Ten  days  after  the  date of such posting, and upon the written
    47  directive of the commissioner, police  officers  designated  in  section
    48  1.20  of  the  criminal procedure law and peace officers employed by the
    49  department of finance, including but not limited to the sheriff,  under-
    50  sheriff  and deputy sheriffs of the city of New York designated as peace
    51  officers in paragraph (f) of subdivision [two] one of  section  2.10  of
    52  the  criminal procedure law, are authorized to act upon and enforce such
    53  orders.
    54    § 6. Paragraph (a) of section 11-4024 of the  administrative  code  of
    55  the city of New York, as added by local law number 97 of the city of New
    56  York for the year 2013, is amended to read as follows:

        S. 155                              8
     1    (a) Whenever a police officer designated in section 1.20 of the crimi-
     2  nal  procedure  law  or  a  peace  officer employed by the department of
     3  finance, including but not limited to the sheriff, undersheriff or depu-
     4  ty sheriffs of the city of New York  designated  as  peace  officers  in
     5  paragraph  (f)  of subdivision [two] one of section 2.10 of the criminal
     6  procedure law, shall discover (1) any  cigarettes  subject  to  any  tax
     7  provided  by  chapter thirteen of this title, and upon which the tax has
     8  been paid and the stamps affixed as required by such chapter,  but  such
     9  cigarettes  are  sold,  offered  for  sale  or  possessed by a person in
    10  violation of section 11-1303, 17-703 or 20-202 of this code, or (2)  any
    11  flavored  tobacco  product  that  is sold, offered for sale or possessed
    12  with intent to sell in violation of section 17-715 of this code,  he  or
    13  she  is  hereby  authorized  and  empowered  forthwith to seize and take
    14  possession of such cigarettes or flavored tobacco product, together with
    15  any vending machine or receptacle in which such cigarettes  or  flavored
    16  tobacco  product  are held for sale. Such cigarettes or flavored tobacco
    17  product, vending machine or receptacle seized by such police officer  or
    18  such peace officer shall be turned over to the commissioner of finance.
    19    § 7. Subdivision c of section 12-121 of the administrative code of the
    20  city  of  New  York,  as  added  by  chapter 427 of the laws of 2000, is
    21  amended to read as follows:
    22    c. City residence shall not be required as a condition  of  employment
    23  for campus peace officers level I, level II and level III, as defined by
    24  paragraph (o) of subdivision [twenty-seven] three of section 2.10 of the
    25  criminal  procedure  law,  employed  by  the city university of New York
    26  before the effective date of this subdivision.
    27    § 8. Subdivision a of section 17-182 of the administrative code of the
    28  city of New York, as amended by local law number 22 of the city  of  New
    29  York for the year 2002, is amended to read as follows:
    30    a.  Any  corporation  of government, the expenses of which are paid in
    31  whole or in part from the  city  treasury,  which  provides  health  and
    32  medical  services and operates health facilities and which is authorized
    33  to employ special officers having peace officer  status  as  defined  in
    34  [New  York  Criminal Procedure Law § 2.10(40)] paragraph (t) of subdivi-
    35  sion three of section 2.10 of the criminal procedure law, shall  utilize
    36  peace  officers  appointed  pursuant  to said subdivision to perform the
    37  duties of special officer, senior special officer and hospital  security
    38  officer. The commissioner of the department of health and mental hygiene
    39  shall enforce this requirement.
    40    §  9.  Subdivision 1 of section 120 of the correction law, as added by
    41  chapter 202 of the laws of 2007, is amended to read as follows:
    42    1.  Except as provided in subdivisions two, three  and  four  of  this
    43  section,  the duty of maintaining the custody and supervision of persons
    44  detained or confined in a correctional facility as defined  in  subdivi-
    45  sion  four  of  section  two of this chapter, including a drug treatment
    46  campus as defined in subdivision twenty of section two of this  chapter,
    47  or  a  local  correctional facility as defined in subdivision sixteen of
    48  section two of this chapter shall be performed solely by police officers
    49  designated in paragraph (a), (b), (c), (d), (e),  (g),  (j)  or  (m)  of
    50  subdivision thirty-four of section 1.20 of the criminal procedure law or
    51  peace  officers designated in [subdivision twenty-five] paragraph (c) of
    52  subdivision one of section 2.10 of the  criminal  procedure  law,  which
    53  persons,  whether  employed  full-time  or  part-time,  shall  be in the
    54  competitive, non-competitive or exempt class of the civil service of New
    55  York state as determined by state law or  by  the  state  or  applicable
    56  local civil service commission.

        S. 155                              9
     1    §  10. Paragraph (q) of subdivision 34 of section 1.20 of the criminal
     2  procedure law, as amended by section 55 of part K of chapter 61  of  the
     3  laws of 2011, is amended to read as follows:
     4    (q) An employee of the department of taxation and finance (i) assigned
     5  to  enforcement  of the taxes imposed under or pursuant to the authority
     6  of article twelve-A of the tax law and administered by the  commissioner
     7  of taxation and finance, taxes imposed under or pursuant to the authori-
     8  ty  of  article  eighteen of the tax law and administered by the commis-
     9  sioner, taxes imposed under article twenty of the tax law, or  sales  or
    10  compensating  use  taxes  relating  to  petroleum products or cigarettes
    11  imposed under article twenty-eight or pursuant to the authority of arti-
    12  cle twenty-nine of the tax law and administered by the  commissioner  or
    13  (ii)  [designated  as  a  revenue crimes specialist and] assigned to the
    14  enforcement of [the] taxes [described in] pursuant to paragraph [(c)  of
    15  subdivision  four] (e) of subdivision two of section 2.10 of this title,
    16  for the purpose of applying for  and  executing  search  warrants  under
    17  article six hundred ninety of this chapter, for the purpose of acting as
    18  a  claiming agent under article thirteen-A of the civil practice law and
    19  rules in connection with the enforcement of the taxes referred to  above
    20  and  for  the  purpose  of [executing warrants of arrest relating to the
    21  respective  crimes  specified  in  subdivision  four]  investigating  or
    22  enforcing a criminal law pursuant to paragraph (e) of subdivision two of
    23  section 2.10 of this title.
    24    §  11.  Subdivision  1  of  section  50-a  of the civil rights law, as
    25  amended by chapter 516 of the laws  of  2014,  is  amended  to  read  as
    26  follows:
    27    1. All personnel records used to evaluate performance toward continued
    28  employment  or  promotion,  under  the  control  of any police agency or
    29  department of the state or any political subdivision  thereof  including
    30  authorities or agencies maintaining police forces of individuals defined
    31  as  police  officers  in  section 1.20 of the criminal procedure law and
    32  such personnel records under the control of a sheriff's department or  a
    33  department  of correction of individuals employed as correction officers
    34  and such personnel records under the control of a paid  fire  department
    35  or    force    of    individuals    employed    as    firefighters    or
    36  firefighter/paramedics and such personnel records under the  control  of
    37  the  department of corrections and community supervision for individuals
    38  defined as peace officers pursuant  to  [subdivisions  twenty-three  and
    39  twenty-three-a]  paragraphs  (a),  (a-1)  and  (b) of subdivision one of
    40  section 2.10 of the criminal procedure law and  such  personnel  records
    41  under  the  control of a probation department for individuals defined as
    42  peace officers pursuant to paragraph (b)  of  subdivision  [twenty-four]
    43  one  of  section  2.10 of the criminal procedure law shall be considered
    44  confidential and not subject to inspection or review without the express
    45  written    consent    of    such    police     officer,     firefighter,
    46  firefighter/paramedic,  correction  officer  or peace officer within the
    47  department of corrections and community supervision or probation depart-
    48  ment except as may be mandated by lawful court order.
    49    § 12. Subdivision 1 of section 50-d of the civil rights law, as  added
    50  by chapter 517 of the laws of 1992, is amended to read as follows:
    51    1.  As  used  in  this  section, "personnel records of court officers"
    52  means all personnel records of court officers as defined in [paragraph a
    53  of] paragraph (d) of subdivision [twenty-one] one of section 2.10 of the
    54  criminal procedure law, used to evaluate  performance  toward  continued
    55  employment  or  promotion,  and under the control of the office of court
    56  administration.

        S. 155                             10
     1    § 13. Subdivision 1 of section 50-e of the civil rights law, as  added
     2  by chapter 578 of the laws of 1993, is amended to read as follows:
     3    1.  As  used  in this section, "personnel records of bridge and tunnel
     4  officers, sergeants and lieutenants"  means  all  personnel  records  of
     5  bridge  and  tunnel  officers,  sergeants  and lieutenants as defined in
     6  paragraph (e) of subdivision [twenty] one of section 2.10 of the  crimi-
     7  nal procedure law, used to evaluate performance toward continued employ-
     8  ment  or  promotion,  and under the control of the Triborough bridge and
     9  tunnel authority.
    10    § 14. The opening paragraph of paragraph i of subdivision 1 of section
    11  130 of the civil service law, as added by chapter 257  of  the  laws  of
    12  2012, is amended to read as follows:
    13    Pursuant to the terms of an agreement between the state and an employ-
    14  ee  organization entered into pursuant to article fourteen of this chap-
    15  ter covering members of the collective negotiating  unit  designated  as
    16  security  supervisors  who  are  employed  by  the  state  department of
    17  corrections and community supervision and are designated as peace  offi-
    18  cers  pursuant  to  paragraph  (c)  of  subdivision [twenty-five] one of
    19  section 2.10 of the criminal procedure law, effective on the dates indi-
    20  cated, salary grades for positions in the  competitive,  non-competitive
    21  and labor classes shall be as follows:
    22    §  15.  Subdivision  2  and the opening paragraph and paragraph (f) of
    23  subdivision 4 of section 209 of the civil service  law,  as  amended  by
    24  section 64 of subpart B of part C of chapter 62 of the laws of 2011, are
    25  amended to read as follows:
    26    2.  Public employers are hereby empowered to enter into written agree-
    27  ments with recognized or certified employee organizations setting  forth
    28  procedures to be invoked in the event of disputes which reach an impasse
    29  in  the  course  of collective negotiations. Such agreements may include
    30  the undertaking by each party to submit unresolved issues  to  impartial
    31  arbitration.  In  the  absence  or  upon the failure of such procedures,
    32  public employers and employee organizations may  request  the  board  to
    33  render  assistance  as provided in this section, or the board may render
    34  such assistance on its own motion, as provided in subdivision  three  of
    35  this section, or, in regard to officers or members of any organized fire
    36  department,  or  any  unit of the public employer which previously was a
    37  part of an organized fire department whose primary mission includes  the
    38  prevention and control of aircraft fires, police force or police depart-
    39  ment  of  any county, city, town, village or fire or police district, or
    40  detective-investigators, or rackets investigators employed in the office
    41  of a district attorney of a county, or in regard to any  organized  unit
    42  of troopers, commissioned or noncommissioned officers of the division of
    43  state  police,  or  in regard to investigators, senior investigators and
    44  investigator specialists of the division of state police, or  in  regard
    45  to  members  of  collective  negotiating  units  designated  as security
    46  services and security supervisors  who  are  police  officers,  who  are
    47  forest  ranger  captains  or who are employed by the state department of
    48  corrections and community supervision and are designated as peace  offi-
    49  cers  pursuant  to  paragraph  (c)  of  subdivision [twenty-five] one of
    50  section 2.10 of the criminal procedure law, or in regard to  members  of
    51  the collective negotiating unit designated as the agency law enforcement
    52  services  unit  who  are police officers pursuant to subdivision thirty-
    53  four of section 1.20 of the criminal procedure law  or  who  are  forest
    54  rangers,  or  in  regard  to  organized units of deputy sheriffs who are
    55  engaged directly in criminal law enforcement activities  that  aggregate
    56  more  than  fifty per centum of their service as certified by the county

        S. 155                             11
     1  sheriff and are police officers pursuant to subdivision  thirty-four  of
     2  section 1.20 of the criminal procedure law as certified by the municipal
     3  police training council or Suffolk county correction officers or Suffolk
     4  county park police, as provided in subdivision four of this section.
     5    On  request  of  either  party  or upon its own motion, as provided in
     6  subdivision two of this section, and in the event the  board  determines
     7  that  an impasse exists in collective negotiations between such employee
     8  organization and a public employer as to the conditions of employment of
     9  officers or members of any organized fire department, or any other  unit
    10  of  the public employer which previously was a part of an organized fire
    11  department whose primary mission includes the prevention and control  of
    12  aircraft  fires,  police force or police department of any county, city,
    13  town, village or fire or police district,  and  detective-investigators,
    14  criminal  investigators  or rackets investigators employed in the office
    15  of a district attorney, or as to the conditions of employment of members
    16  of any organized unit of troopers, commissioned or noncommissioned offi-
    17  cers of the division of state police or as to the conditions of  employ-
    18  ment  of members of any organized unit of investigators, senior investi-
    19  gators and investigator specialists of the division of state police,  or
    20  as  to  the  terms and conditions of employment of members of collective
    21  negotiating units designated as security services and security  supervi-
    22  sors, who are police officers, who are forest ranger captains or who are
    23  employed  by  the  state  department of corrections and community super-
    24  vision and are designated as peace officers pursuant to paragraph (c) of
    25  subdivision [twenty-five] one of section 2.10 of the criminal  procedure
    26  law,  or  in regard to members of the collective negotiating unit desig-
    27  nated as the agency law enforcement services unit who are  police  offi-
    28  cers pursuant to subdivision thirty-four of section 1.20 of the criminal
    29  procedure  law  or  who  are  forest rangers, or as to the conditions of
    30  employment of any organized unit of  deputy  sheriffs  who  are  engaged
    31  directly in criminal law enforcement activities that aggregate more than
    32  fifty per centum of their service as certified by the county sheriff and
    33  are  police officers pursuant to subdivision thirty-four of section 1.20
    34  of the criminal procedure law  as  certified  by  the  municipal  police
    35  training council or Suffolk county correction officers or Suffolk county
    36  park police, the board shall render assistance as follows:
    37    (f)  With regard to any members of collective negotiating units desig-
    38  nated as security services or security supervisors, who are police offi-
    39  cers, who are forest ranger captains or who are employed  by  the  state
    40  department  of  corrections and community supervision and are designated
    41  as peace officers pursuant to paragraph (c) of subdivision [twenty-five]
    42  one of section 2.10 of the criminal  procedure  law,  or  in  regard  to
    43  members  of the collective negotiating unit designated as the agency law
    44  enforcement services unit who are police officers pursuant  to  subdivi-
    45  sion  thirty-four  of  section 1.20 of the criminal procedure law or who
    46  are forest rangers, or in regard  to  detective-investigators,  criminal
    47  investigators  or  rackets  investigators  employed  in  the office of a
    48  district attorney of a county contained within a city with a  population
    49  of  one million or more, the provisions of this section shall only apply
    50  to the terms of collective bargaining agreements  directly  relating  to
    51  compensation,  including, but not limited to, salary, stipends, location
    52  pay, insurance, medical and  hospitalization  benefits;  and  shall  not
    53  apply  to  non-compensatory  issues  including,  but not limited to, job
    54  security, disciplinary procedures and actions, deployment or scheduling,
    55  or issues relating to eligibility for overtime compensation which  shall
    56  be governed by other provisions proscribed by law.

        S. 155                             12
     1    §  16.  Paragraph d of subdivision 8 of section 156-c of the executive
     2  law, as amended by section 4 of part A of chapter 101  of  the  laws  of
     3  2013, is amended to read as follows:
     4    d. Whenever any police officer designated in section 1.20 of the crim-
     5  inal  procedure  law  or  a peace officer designated in paragraph (e) of
     6  subdivision [four and subdivision seventy-nine pertaining to the  Office
     7  of Fire Prevention and Control,] two of section 2.10 of such law, acting
     8  pursuant  to  his  or  her special duties, shall discover any cigarettes
     9  which have not been marked in the manner required by subdivision six  of
    10  this  section,  such officer is hereby authorized and empowered to seize
    11  and take possession of such cigarettes. Such seized cigarettes shall  be
    12  turned  over  to  the commissioner of taxation and finance, and shall be
    13  forfeited to the state. Cigarettes seized pursuant to this section shall
    14  be destroyed.
    15    § 17. Subdivision 4 of section 89-n of the general  business  law,  as
    16  amended  by  chapter  221  of  the  laws  of 2003, is amended to read as
    17  follows:
    18    4. The provisions of this section shall not apply to a security  guard
    19  who is:
    20    a.  a correction officer of any state correctional facility having the
    21  powers of a peace officer  pursuant  to  paragraph  (c)  of  subdivision
    22  [twenty-five] one of section 2.10 of the criminal procedure law;
    23    b.  a bridge and tunnel officer, sergeant or lieutenant of the Tribor-
    24  ough bridge and tunnel authority having the powers of  a  peace  officer
    25  pursuant  to  paragraph  (e) of subdivision [twenty] one of section 2.10
    26  the criminal procedure law;
    27    c. a uniformed court officer of the unified court  system  having  the
    28  powers  of  a  peace  officer  pursuant  to paragraph (d) of subdivision
    29  [twenty-one] one of section 2.10 of the criminal procedure law;
    30    d. a court clerk having the powers of  a  peace  officer  pursuant  to
    31  paragraph  (d)  of  subdivision  [twenty-one] one of section 2.10 of the
    32  criminal procedure law;
    33    e. a deputy sheriff having the powers of a peace officer  pursuant  to
    34  paragraph  (f)  of  subdivision  [two]  one of section 2.10 the criminal
    35  procedure law;
    36    f. a police officer as defined in paragraphs (a), (b), (c), (d),  (e),
    37  (f),  (j),  (k),  (l), (o) and (p) of subdivision thirty-four of section
    38  1.20 of the criminal procedure  law  who  has  been  retired  from  such
    39  employment for a period not to exceed ten years, provided, however, that
    40  a retired police officer who has been retired from such employment for a
    41  period  in excess of ten years shall be required to provide proof to his
    42  or her security guard employer of his or her satisfactory completion  of
    43  an  eight hour annual in-service training course approved by the commis-
    44  sioner, and provided further, however, that a retired police officer who
    45  will be required by his or  her  security  guard  employer  to  carry  a
    46  firearm  or will be authorized to have access to a firearm shall provide
    47  to such employer proof of  his  or  her  satisfactory  completion  of  a
    48  forty-seven  hour  firearms training course approved by the commissioner
    49  and, if such firearms training course has not been completed within  one
    50  year  prior to such employment, satisfactory completion of an additional
    51  eight hour annual firearms in-service training course  approved  by  the
    52  commissioner, such training course to be completed at least annually; or
    53    g.  a  peace officer as defined in [subdivisions two, twenty and twen-
    54  ty-five and paragraphs a and b  of  subdivision  twenty-one]  paragraphs
    55  (c),  (d), (e), and (f) of subdivision one of section 2.10 of the crimi-
    56  nal procedure law who has been retired from such employment for a period

        S. 155                             13
     1  not to exceed ten years, provided, however, that a retired peace officer
     2  who has been retired from such employment for a period in excess of  ten
     3  years  shall  be  required to provide proof to his or her security guard
     4  employer  of  his or her satisfactory completion of an eight hour annual
     5  in-service training course approved by  the  municipal  police  training
     6  council, and provided further, however, that a retired peace officer who
     7  will  be  required  by  his  or  her  security guard employer to carry a
     8  firearm or will be authorized to have access to a firearm shall  provide
     9  to  such  employer  proof  of  his  or  her satisfactory completion of a
    10  forty-seven hour firearms training  course  approved  by  the  municipal
    11  police  training  council  and, if such firearms training course has not
    12  been  completed  within  one  year  prior  to  employment,  satisfactory
    13  completion of an additional eight hour annual firearms in-service train-
    14  ing  course  approved  by  the  municipal  police training council, such
    15  training course to be completed at least annually.
    16    § 18. Subdivision 13 of section 1299-e of the public authorities  law,
    17  as  amended  by  chapter  816 of the laws of 1984, is amended to read as
    18  follows:
    19    13. To appoint or designate one or more persons  for  the  purpose  of
    20  enforcing  rules  and  regulations  established by the authority, and to
    21  compel the observance of law and order on the properties, facilities and
    22  improvements of the authority for the protection and  administration  of
    23  such  property,  facilities  and  improvements, and the traveling public
    24  using such facilities. Each person as and when so  appointed  or  desig-
    25  nated shall be known as (a) a "Niagara frontier transportation authority
    26  security officer or patrolman" and shall be a peace officer as set forth
    27  in  paragraph (g) of subdivision [forty-five] two of section 2.10 of the
    28  criminal procedure law, or a police officer within the purview of subdi-
    29  vision thirty-four of section 1.20 of the criminal procedure law or  (b)
    30  a  "ticket inspector" and shall not be a peace officer or a police offi-
    31  cer but, when so designated or appointed, shall be authorized  to  issue
    32  and  serve appearance tickets pursuant to section 150.20 of the criminal
    33  procedure law with respect to violations of  rules  and  regulations  so
    34  established.
    35    §  19.  Subdivision  4 of section 1399-ll of the public health law, as
    36  added by chapter 262 of the laws of 2000, is amended to read as follows:
    37    4. Whenever a police officer designated in section 1.20 of the  crimi-
    38  nal  procedure  law  or  a  peace officer designated in paragraph (e) of
    39  subdivision [four] two of section 2.10 of such law, acting  pursuant  to
    40  his or her special duties, shall discover any cigarettes which have been
    41  or  which are being shipped or transported in violation of this section,
    42  such person is  hereby  empowered  and  authorized  to  seize  and  take
    43  possession of such cigarettes, and such cigarettes shall be subject to a
    44  forfeiture  action  pursuant  to  the procedures provided for in article
    45  thirteen-A of the civil practice law  and  rules,  as  if  such  article
    46  specifically  provided  for  forfeiture of cigarettes seized pursuant to
    47  this section as a pre-conviction forfeiture crime.
    48    § 20. Subdivisions 4, 5 and 7 of section 3-b of  the  public  officers
    49  law, subdivision 4 as added by chapter 404 of the laws of 2011, subdivi-
    50  sion  5  as  added by chapter 8 of the laws of 2013 and subdivision 7 as
    51  added by chapter 418 of the  laws  of  2014,  are  amended  to  read  as
    52  follows:
    53    4.  Neither  the provisions of this section or of any general, special
    54  or local law, charter, code, ordinance, resolution, rule or  regulation,
    55  requiring  a  person  to  be  a resident of the political subdivision or
    56  municipal corporation of the state by which he or she is employed, shall

        S. 155                             14
     1  apply to a person employed by a city  with  a  population  of  over  one
     2  million  in the titles of special officer, senior special officer, prin-
     3  cipal special officer and supervising special officer as "special  offi-
     4  cer" is defined in paragraph (t) of subdivision [forty] three of section
     5  2.10  of  the  criminal  procedure  law,  evidence  and property control
     6  specialists, taxi and limousine inspector, taxi and limousine  inspector
     7  (motor  vehicles),  senior taxi and limousine inspector, senior taxi and
     8  limousine inspector  (motor  vehicles),  associate  taxi  and  limousine
     9  inspector,  supervising  taxi  and limousine inspector, supervising taxi
    10  and limousine inspector (motor vehicles), education facilities  officers
    11  L1  (formerly school guards), education facilities officers L2 (formerly
    12  school safety officers), hospital  security  officers,  campus  security
    13  officer,  campus  peace  officer,  college  security  specialist, campus
    14  public safety  sergeant,  campus  security  assistant  or  school  guard
    15  (school  safety  agent), provided that he or she has completed two years
    16  of employment with the city of New York and is a resident of  New  York,
    17  Kings,  Queens,  Bronx,  Richmond, Nassau, Westchester, Suffolk, Orange,
    18  Rockland or Putnam county.
    19    5. In respect to peace officers employed by  Cornell  university,  and
    20  assigned  to  the Ithaca campus, pursuant to section fifty-seven hundred
    21  nine of the education law, the provisions of this  section  requiring  a
    22  person  to  be  a resident of the same county as the appointing official
    23  shall not prevent a person from serving as a peace officer  for  Cornell
    24  university,  or  as a special deputy sheriff, and assigned to the Ithaca
    25  campus, as defined in paragraph (b) of subdivision [forty-two] three  of
    26  section  2.10  of  the criminal procedure law, provided that such person
    27  resides in the state of New York.
    28    7. Neither the provisions of this section or of any  general,  special
    29  or  local law, charter, code, ordinance, resolution, rule or regulation,
    30  requiring a person to be a resident  of  the  political  subdivision  or
    31  municipal corporation of the state for which he or she shall be employed
    32  or  appointed or within which his or her official functions are required
    33  to be exercised, shall apply to a person who is a member of the security
    34  force employed or appointed by Kaleida Health as described in  paragraph
    35  (nn) of subdivision [eighty-three] three of section 2.10 of the criminal
    36  procedure  law, provided that such person resides in the county in which
    37  such security force of Kaleida Health is located or an adjoining  county
    38  within the state. The provisions of this subdivision shall only apply to
    39  a  person  who  is  a  member  of the security force employed by Kaleida
    40  Health on the effective date of this subdivision.
    41    § 21. Subdivision 20 of section 10.00 of the penal law,  as  added  by
    42  chapter 765 of the laws of 2005, is amended to read as follows:
    43    20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
    44  of  this  chapter,  the  term  "peace  officer" means a peace officer as
    45  defined in [subdivision one, two, three, four,  six,  twelve,  thirteen,
    46  fifteen,  sixteen,  seventeen,  eighteen,  nineteen, twenty, twenty-one,
    47  twenty-three,  twenty-three-a,  twenty-four,  twenty-five,   twenty-six,
    48  twenty-eight,  twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
    49  thirty-five, thirty-six, forty-three,  forty-five,  forty-seven,  forty-
    50  eight,  forty-nine,  fifty-one,  fifty-two,  fifty-eight,  sixty-one, as
    51  added by chapter two hundred fifty-seven of the laws of nineteen hundred
    52  ninety-two, sixty-one, as added by chapter three hundred  twenty-one  of
    53  the  laws of nineteen hundred ninety-two, sixty-two, as added by chapter
    54  two hundred four of the laws of nineteen  hundred  ninety-three,  sixty-
    55  two,  as  added by chapter six hundred eighty-seven of the laws of nine-
    56  teen hundred  ninety-three,  sixty-three,  as  amended  by  chapter  six

        S. 155                             15

     1  hundred  thirty-eight  of  the  laws  of two thousand three, sixty-four,
     2  sixty-five, sixty-eight, as added by chapter one hundred sixty-eight  of
     3  the laws of two thousand, sixty-eight, as added by chapter three hundred
     4  eighty-one  of  the laws of two thousand, seventy, seventy-one, seventy-
     5  four, as added by chapter five hundred forty-eight of the  laws  of  two
     6  thousand one, seventy-five, as added by chapter three hundred twenty-one
     7  of  the  laws of two thousand two, seventy-five, as added by chapter six
     8  hundred twenty-three of the laws of two thousand two, seventy-seven,  as
     9  added  by  chapter three hundred sixty-seven of the laws of two thousand
    10  four, seventy-eight or seventy-nine, as added  by  chapter  two  hundred
    11  forty-one of the laws of two thousand four,] paragraphs (a), (a-1), (b),
    12  (c),  (d),  (e),  and  (f) of subdivision one, paragraphs (a), (c), (e),
    13  (f), (g), and (n) of subdivision two and paragraphs (a), (b), (c),  (h),
    14  (i),  (j),  (k), (l), (o), (p), (q), (r), (x), (y), (aa), (gg), and (kk)
    15  of subdivision three of section 2.10 of the criminal procedure  law,  as
    16  well  as  any federal law enforcement officer defined in section 2.15 of
    17  the criminal procedure law.
    18    § 22. Subparagraph (ii) of paragraph (a) of subdivision 1  of  section
    19  125.26 of the penal law, as added by chapter 765 of the laws of 2005, is
    20  amended to read as follows:
    21    (ii)  the intended victim was a peace officer as defined in [paragraph
    22  a of subdivision twenty-one, subdivision  twenty-three,  twenty-four  or
    23  sixty-two  (employees  of the division for youth)] paragraph (a), (b) or
    24  (d) of subdivision one of section 2.10 of the criminal procedure law who
    25  was at the time of the killing engaged in the course of  performing  his
    26  or her official duties, and the defendant knew or reasonably should have
    27  known  that  the victim was such a uniformed court officer, parole offi-
    28  cer, or probation officer[, or employee of the division for youth]; or
    29    § 23. Subparagraph (ii) of paragraph (a) of subdivision 1  of  section
    30  125.27 of the penal law, as amended by chapter 1 of the laws of 1995, is
    31  amended to read as follows:
    32    (ii)  the intended victim was a peace officer as defined in [paragraph
    33  a of subdivision twenty-one, subdivision  twenty-three,  twenty-four  or
    34  sixty-two  (employees  of the division for youth)] paragraph (a), (b) or
    35  (d) of subdivision one of section 2.10 of the criminal procedure law who
    36  was at the time of the killing engaged in the course of  performing  his
    37  official  duties, and the defendant knew or reasonably should have known
    38  that the intended victim was such  a  uniformed  court  officer,  parole
    39  officer,  or probation officer[, or employee of the division for youth];
    40  or
    41    § 24. Subdivisions 6 and 14 of section 400.00 of the penal law, subdi-
    42  vision 6 as amended by chapter 318 of the laws of 2002,  subdivision  14
    43  as  amended  by  chapter 195 of the laws of 2005, are amended to read as
    44  follows:
    45    6. License: validity. Any license  issued  pursuant  to  this  section
    46  shall  be valid notwithstanding the provisions of any local law or ordi-
    47  nance.  No license shall be transferable to any other  person  or  prem-
    48  ises.  A license to carry or possess a pistol or revolver, not otherwise
    49  limited as to place or time of possession, shall be effective throughout
    50  the state, except that the same shall not be valid within  the  city  of
    51  New  York  unless  a  special  permit granting validity is issued by the
    52  police commissioner of that city. Such license to carry or possess shall
    53  be valid within the city of New York in the absence of a  permit  issued
    54  by  the police commissioner of that city, provided that (a) the firearms
    55  covered by such license have been purchased from a licensed dealer with-
    56  in the city of New York and are  being  transported  out  of  said  city

        S. 155                             16
     1  forthwith  and  immediately from said dealer by the licensee in a locked
     2  container during a continuous and uninterrupted trip; or  provided  that
     3  (b)  the  firearms  covered by such license are being transported by the
     4  licensee in a locked container and the trip through the city of New York
     5  is  continuous  and  uninterrupted;  or  provided  that (c) the firearms
     6  covered by such license are  carried  by  armored  car  security  guards
     7  transporting  money  or  other valuables, in, to, or from motor vehicles
     8  commonly known as armored cars, during the course of  their  employment;
     9  or  provided that (d) the licensee is a retired police officer as police
    10  officer is defined pursuant to subdivision thirty-four of  section  1.20
    11  of the criminal procedure law or a retired federal law enforcement offi-
    12  cer,  as  defined in section 2.15 of the criminal procedure law, who has
    13  been issued a license by an authorized licensing officer as  defined  in
    14  subdivision  ten  of  section 265.00 of this chapter; provided, further,
    15  however, that if such license was not issued in the city of New York  it
    16  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
    17  ment Officer", as the case may be, and, in the case of a retired officer
    18  the  license  shall  be  deemed  to  permit  only  police or federal law
    19  enforcement regulations weapons; or provided that (e) the licensee is  a
    20  peace  officer  described  in paragraph (e) of subdivision [four] two of
    21  section 2.10 of the criminal procedure law and the license, if issued by
    22  other than the city of New York, is marked "New York State  Tax  Depart-
    23  ment  Peace  Officer" and in such case the exemption shall apply only to
    24  the firearm issued to such licensee by the department  of  taxation  and
    25  finance.  A license as gunsmith or dealer in firearms shall not be valid
    26  outside the city or county, as the case may be, where issued.
    27    14. Fees. In the city of New York and the county of Nassau, the annual
    28  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
    29  for dealers in firearms. In such city, the city council and in the coun-
    30  ty of Nassau the Board of Supervisors shall fix the fee  to  be  charged
    31  for  a  license to carry or possess a pistol or revolver and provide for
    32  the disposition of such fees. Elsewhere  in  the  state,  the  licensing
    33  officer  shall  collect  and  pay into the county treasury the following
    34  fees: for each license to carry or possess a  pistol  or  revolver,  not
    35  less  than  three dollars nor more than ten dollars as may be determined
    36  by the legislative body of the county; for each amendment thereto, three
    37  dollars, and five dollars in the county of Suffolk; and for each license
    38  issued to a gunsmith or dealer in firearms, ten dollars. The fee  for  a
    39  duplicate  license  shall  be  five  dollars.  The  fee for processing a
    40  license transfer between counties shall be five  dollars.  The  fee  for
    41  processing  a  license or renewal thereof for a qualified retired police
    42  officer as defined under subdivision thirty-four of section 1.20 of  the
    43  criminal procedure law, or a qualified retired sheriff, undersheriff, or
    44  deputy sheriff of the city of New York as defined under paragraph (f) of
    45  subdivision  [two] one of section 2.10 of the criminal procedure law, or
    46  a qualified retired bridge and tunnel officer, sergeant or lieutenant of
    47  the triborough bridge and tunnel authority as  defined  under  paragraph
    48  (e)  of  subdivision [twenty] one of section 2.10 of the criminal proce-
    49  dure law, or a qualified retired uniformed court officer in the  unified
    50  court  system,  or  a qualified retired court clerk in the unified court
    51  system [in the first and second judicial  departments],  as  defined  in
    52  [paragraphs  a  and  b] paragraph (d) of subdivision [twenty-one] one of
    53  section 2.10 of the criminal procedure law or a retired correction offi-
    54  cer as defined in paragraph (c)  of  subdivision  [twenty-five]  one  of
    55  section  2.10 of the criminal procedure law shall be waived in all coun-
    56  ties throughout the state.

        S. 155                             17
     1    § 25. Paragraph 3 of subdivision (a) of section 1815 of the  tax  law,
     2  as  amended  by  section 29 of subpart I of part V1 of chapter 57 of the
     3  laws of 2009, is amended to read as follows:
     4    (3) For the purposes of conferring jurisdiction upon courts and police
     5  officers,  and on the officers specified in paragraph (e) of subdivision
     6  [four] two of section 2.10 of the criminal procedure law and on judicial
     7  officers generally, such violations shall be deemed traffic  infractions
     8  and  for  such  purpose  only  all provisions of law relating to traffic
     9  infractions shall apply to such violations; provided, however, that  the
    10  commissioner of motor vehicles, any hearing officer appointed by him, or
    11  any administrative tribunal authorized to hear and determine any charges
    12  or offenses which are traffic infractions shall not have jurisdiction of
    13  such infractions.
    14    §  26.  Subdivision  (a)  of  section 1845 of the tax law, as added by
    15  chapter 508 of the laws of 1993, is amended to read as follows:
    16    (a) Temporary seizure. Whenever a police officer designated in section
    17  1.20 of the criminal procedure law or  a  peace  officer  designated  in
    18  paragraph  (e)  of  subdivision  [four] two of section 2.10 of such law,
    19  acting pursuant to his special duties, shall discover more  than  ninety
    20  liters of liquors which are being imported for sale or use in the state,
    21  where the person importing or causing such liquors to be imported is not
    22  registered  as  a  distributor  under section four hundred twenty-one of
    23  this chapter, such police officer or peace officer is hereby  authorized
    24  to  seize  and  take  possession  of such liquors, and to seize and take
    25  possession of the vehicle or  other  means  of  transportation  used  to
    26  transport such liquors.
    27    §  27.  Subdivisions  (a) and (a-1) of section 1846 of the tax law, as
    28  amended by chapter 556 of the laws of  2011,  are  amended  to  read  as
    29  follows:
    30    (a) Whenever a police officer designated in section 1.20 of the crimi-
    31  nal  procedure  law  or  a  peace officer designated in paragraph (e) of
    32  subdivision [four] two of section 2.10 of such law, acting  pursuant  to
    33  his  or her special duties, shall discover any cigarettes subject to tax
    34  provided by article twenty of this chapter or  by  chapter  thirteen  of
    35  title  eleven  of  the  administrative code of the city of New York, and
    36  upon which the tax has not been  paid  or  the  stamps  not  affixed  as
    37  required  by  such  article  or  such  chapter thirteen, they are hereby
    38  authorized and empowered forthwith to seize and take possession of  such
    39  cigarettes,  together  with  any  vending machine or receptacle in which
    40  they are held for sale. Such cigarettes, vending machine  or  receptacle
    41  seized by a police officer or such peace officer shall be turned over to
    42  the commissioner. Such seized cigarettes, vending machine or receptacle,
    43  not  including  money  contained  in such vending machine or receptacle,
    44  shall be forfeited to the state. The commissioner may, within a  reason-
    45  able time thereafter, upon publication of a notice to such effect for at
    46  least  five  successive  days,  before  the  day of sale, in a newspaper
    47  published or circulated in the county where the seizure was  made,  sell
    48  such  forfeited  vending  machines or receptacles at public sale and pay
    49  the proceeds into the state treasury to the credit of the general  fund.
    50  Notwithstanding  any  other  provision of this section, the commissioner
    51  may enter into an agreement with any city of this state which is author-
    52  ized to impose a tax similar to that imposed by article twenty  of  this
    53  chapter  to  provide  for the disposition between the state and any such
    54  city of the proceeds from any such sale.   All cigarettes  forfeited  to
    55  the  state  shall  be  destroyed  or  used for law enforcement purposes,
    56  except that cigarettes that violate,  or  are  suspected  of  violating,

        S. 155                             18
     1  federal trademark laws or import laws shall not be used for law enforce-
     2  ment  purposes. If the commissioner determines the cigarettes may not be
     3  used for law enforcement  purposes,  the  commissioner  must,  within  a
     4  reasonable  time  after the forfeiture of such cigarettes, upon publica-
     5  tion in the state  registry,  destroy  such  forfeited  cigarettes.  The
     6  commissioner  may,  prior  to  any destruction of cigarettes, permit the
     7  true holder of the trademark rights in the cigarettes  to  inspect  such
     8  forfeited  cigarettes  in order to assist in any investigation regarding
     9  such cigarettes.
    10    (a-1) Whenever a police officer designated  in  section  1.20  of  the
    11  criminal procedure law or a peace officer designated in paragraph (e) of
    12  subdivision  [four]  two of section 2.10 of such law, acting pursuant to
    13  his or her special duties, shall discover any cigarettes which have been
    14  stamped in violation of section four hundred eighty-b of  this  chapter,
    15  such  officer  is hereby authorized and empowered forthwith to seize and
    16  take possession of such cigarettes, and such cigarettes shall be subject
    17  to a forfeiture action pursuant to the procedures provided for in  arti-
    18  cle  thirteen-A  of the civil practice law and rules, as if such article
    19  specifically provided for forfeiture of cigarettes  seized  pursuant  to
    20  this  section as a preconviction forfeiture crime. Subdivisions (b), (c)
    21  and (d) of this section shall not apply to cigarettes seized pursuant to
    22  this subdivision.
    23    § 28. Subdivisions (a) and (a-1) of section 1846-a of the tax law,  as
    24  amended  by  chapter  556  of  the  laws of 2011, are amended to read as
    25  follows:
    26    (a) Whenever a police officer designated in section 1.20 of the crimi-
    27  nal procedure law or a peace officer  designated  in  paragraph  (e)  of
    28  subdivision  [four]  two of section 2.10 of such law, acting pursuant to
    29  his special duties, shall discover any tobacco  products  in  excess  of
    30  five  hundred  cigars  or ten pounds of tobacco which are being imported
    31  for sale in the state where the person importing or causing such tobacco
    32  products to be imported has not been appointed as a distributor pursuant
    33  to section four hundred seventy-two of this chapter, such police officer
    34  or peace officer is hereby authorized and empowered forthwith  to  seize
    35  and  take  possession  of  such  tobacco products. Such tobacco products
    36  seized by a police officer or peace officer shall be turned over to  the
    37  commissioner.  Such  seized  tobacco  products shall be forfeited to the
    38  state. All tobacco products forfeited to the state shall be destroyed or
    39  used for law enforcement purposes, except  that  tobacco  products  that
    40  violate, or are suspected of violating, federal trademark laws or import
    41  laws shall not be used for law enforcement purposes. If the commissioner
    42  determines  the  tobacco  products  may  not be used for law enforcement
    43  purposes, the commissioner must, within a  reasonable  time  thereafter,
    44  upon publication in the state registry of a notice to such effect before
    45  the  day  of  destruction,  destroy such forfeited tobacco products. The
    46  commissioner may, prior to any destruction of tobacco  products,  permit
    47  the  true  holder  of  the  trademark  rights in the tobacco products to
    48  inspect such forfeited products in order to assist in any  investigation
    49  regarding such tobacco products.
    50    (a-1)  Whenever  a  police  officer  designated in section 1.20 of the
    51  criminal procedure law or a peace officer designated in paragraph (e) of
    52  subdivision [four] two of section 2.10 of the  criminal  procedure  law,
    53  acting  pursuant  to his or her special duties, discovers any roll-your-
    54  own tobacco that is in violation of section  four  hundred  eighty-c  of
    55  this  chapter, the officer is authorized and empowered to seize and take
    56  possession of the roll-your-own tobacco, and the  roll-your-own  tobacco

        S. 155                             19
     1  is  subject  to a forfeiture action under the procedures provided for in
     2  article thirteen-A of the civil practice law and rules, as if that arti-
     3  cle specifically provided for forfeiture of roll-your-own tobacco seized
     4  under this section as a preconviction forfeiture crime. Subdivisions (b)
     5  and  (c)  of  this  section do not apply to roll-your-own tobacco seized
     6  pursuant to this subdivision.
     7    § 29. Subdivisions (a) and (b) of section 1847 of the tax law,  subdi-
     8  vision  (a)  as amended by section 3 of part E of chapter 93 of the laws
     9  of 2002, subdivision (b) as added by chapter 61 of the laws of 1989, are
    10  amended to read as follows:
    11    (a) Any peace officer designated in paragraph (e) of subdivision [four
    12  or five] two of section 2.10  of  the  criminal  procedure  law,  acting
    13  pursuant  to his or her special duties, or any police officer designated
    14  in section 1.20 of the criminal procedure law may seize any  vehicle  or
    15  other  means  of  transportation used to transport or for the deposit or
    16  concealment of more than one hundred  unstamped  or  unlawfully  stamped
    17  packages of cigarettes subject to tax under article twenty of this chap-
    18  ter or by chapter thirteen of title eleven of the administrative code of
    19  the city of New York, other than a vehicle or other means of transporta-
    20  tion  used  by any person as a common carrier in transaction of business
    21  as such common carrier, and such vehicle or other means  of  transporta-
    22  tion  shall  be  subject  to  forfeiture  as hereinafter in this section
    23  provided.
    24    (b) Any peace officer  designated  in  paragraph  (e)  of  subdivision
    25  [four]  two of section 2.10 of the criminal procedure law, acting pursu-
    26  ant to his special duties, or any police officer designated  in  section
    27  1.20  of the criminal procedure law may seize any vehicle or other means
    28  of transportation used to import tobacco  products  in  excess  of  five
    29  hundred  cigars  or  ten  pounds  of  tobacco  for sale where the person
    30  importing or causing such tobacco products to be imported has  not  been
    31  appointed  a distributor pursuant to section four hundred seventy-two of
    32  this chapter, other than a vehicle or other means of transportation used
    33  by any person as a common carrier in transaction  of  business  as  such
    34  common  carrier, and such vehicle or other means of transportation shall
    35  be subject to forfeiture as hereinafter in this section provided.
    36    § 30. Subdivision (a) of section 1848 of the tax law,  as  amended  by
    37  section  54  of  part K of chapter 61 of the laws of 2011, is amended to
    38  read as follows:
    39    (a) Temporary seizure. Whenever a police officer designated in section
    40  1.20 of the criminal procedure law or  a  peace  officer  designated  in
    41  paragraph  (e)  of  subdivision  [four] two of section 2.10 of such law,
    42  acting pursuant to his special duties, shall discover any motor fuel  or
    43  diesel motor fuel which is being imported for use, distribution, storage
    44  or  sale  in  the state where the person importing or causing such motor
    45  fuel or diesel motor fuel to be imported is not registered as a distrib-
    46  utor under section two  hundred  eighty-three  or  section  two  hundred
    47  eighty-two-a,  of  this chapter, as the case may be, such police officer
    48  or peace officer is hereby authorized to seize and  take  possession  of
    49  such motor fuel or diesel motor fuel, together with the vehicle or other
    50  means of transportation used to transport such motor fuel.
    51    § 31. Section 47 of the workers' compensation law, as amended by chap-
    52  ter 597 of the laws of 2004, is amended to read as follows:
    53    §  47.  Presumption as to the cause of disease. If the employee, at or
    54  immediately before the date of disablement, was employed in any  process
    55  mentioned  in  the second column of the schedule of diseases in subdivi-
    56  sion two of section three of this chapter, and his or her disease is the

        S. 155                             20
     1  disease  in  the  first  column  of  such  schedule  set  opposite   the
     2  description of the process, the disease presumptively shall be deemed to
     3  have  been  due  to  the  nature of that employment. Any exposure to the
     4  hazards  of  compressed air after July first, nineteen hundred forty-six
     5  shall be presumed, in the absence of substantial evidence to the contra-
     6  ry, to be injurious exposure. Any exposure to  the  hazards  of  harmful
     7  dust  in  this  state  for a period of sixty days after September first,
     8  nineteen hundred thirty-five, shall  be  presumed,  in  the  absence  of
     9  substantial evidence to the contrary, to be an injurious exposure.  With
    10  respect to any state or local correction officer as defined in paragraph
    11  (c)  of  subdivision  [twenty-five]  one of section 2.10 of the criminal
    12  procedure law, safety and security officer employed  by  the  office  of
    13  mental  health,  security  hospital  treatment assistant employed by the
    14  office of mental health, any uniformed court officer or court  clerk  of
    15  the  unified  court system having the powers of peace officer, the court
    16  reporter or the court interpreter, an exposure to the  blood  or  bodily
    17  fluid  of an individual, incarcerated, confined or otherwise, during the
    18  course of his or her employment that is  reported  in  writing  to  such
    19  correction  officer's,  safety and security officer's, security hospital
    20  treatment assistant's, uniformed court officer's, court  clerk's,  court
    21  reporter's  or  court interpreter's employer within twenty-four hours of
    22  such exposure, shall be presumed, in the absence of substantial evidence
    23  to the contrary, to be an injurious  exposure  if,  subsequent  to  such
    24  exposure, such correction officer, safety and security officer, security
    25  hospital  treatment  assistant,  uniformed  court  officer, court clerk,
    26  court reporter or court interpreter  is  diagnosed  with  a  blood-borne
    27  disease, including, but not limited to hepatitis C.
    28    § 32. This act shall take effect immediately.