STATE OF NEW YORK
        ________________________________________________________________________

                                          2647

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 22, 2021
                                       ___________

        Introduced  by  Sen. HELMING -- 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     2  REPEALED and a new section 2.10 is added to read as follows: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:
     9    (a) Parole officers and warrant officers.
    10    (a-1) Parole revocation specialists.
    11    (b) Probation officers.
    12    (c) Officials of the department of corrections  and  community  super-
    13  vision  and  correction  officers  of  any  state correctional facility,
    14  appointed and  designated  by  the  commissioner  as  a  peace  officer;
    15  correction  officers of any penal correctional institution appointed and
    16  designated by the sheriff of a county as a peace officer; and cell block
    17  attendants employed by a police department appointed and  designated  by
    18  the head of a police department as a peace officer.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04525-01-1

        S. 2647                             2

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

        S. 2647                             3

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

        S. 2647                             4

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

        S. 2647                             5

     1  graph  shall  prohibit  managerial,  supervisory,  or  state licensed or
     2  certified professional employees of the corporation from performing such
     3  duties where they are incidental to their usual duties, or shall prohib-
     4  it  police  officers  employed  by  the city of New York from performing
     5  these duties.
     6    (u) Fire police squads  organized  pursuant  to  section  two  hundred
     7  nine-c  of  the general municipal law, at such times as the fire depart-
     8  ment, fire company or an emergency rescue and first  aid  squad  of  the
     9  fire  department  or fire company are on duty, or when, on orders of the
    10  chief of the fire department or fire company of which they are  members,
    11  they  are separately engaged in response to a call for assistance pursu-
    12  ant to the provisions of section two hundred nine of the general munici-
    13  pal law.
    14    (v) Housing patrolmen of the Mount Vernon housing authority, appointed
    15  and designated as peace officers and acting pursuant  to  rules  of  the
    16  Mount Vernon housing authority.
    17    (w) Persons appointed and designated as peace officers by the Sea Gate
    18  Association  pursuant to the provisions of chapter three hundred ninety-
    19  one of the laws of nineteen hundred forty.
    20    (x) New York state air base security guards when  they  are  appointed
    21  and  designated as peace officers under military regulations promulgated
    22  by the chief of staff to the governor and when performing  their  duties
    23  as  air  base  security  guards pursuant to orders issued by appropriate
    24  military authority.
    25    (y) Members of  the  army  national  guard  military  police  and  air
    26  national  guard security personnel belonging to the organized militia of
    27  the state of New York when they are appointed and  designated  as  peace
    28  officers  under military regulations promulgated by the adjutant general
    29  and when performing their duties as military policemen or  air  security
    30  personnel pursuant to orders issued by appropriate military authority.
    31    (z)  Transportation  supervisors in the city of White Plains appointed
    32  and designated by the commissioner of public safety in the city of White
    33  Plains as peace officers.
    34    (aa) Security hospital treatment assistants, appointed and  designated
    35  by  the  commissioner  of  the office of mental health as peace officers
    36  while performing duties in or arising out of the course of their employ-
    37  ment.
    38    (bb) Authorized agents of the municipal directors of weights and meas-
    39  ures in the counties of Suffolk,  Nassau  and  Westchester  when  acting
    40  pursuant  to  their  special  duties as set forth in section one hundred
    41  eighty-one of the agriculture and markets law.
    42    (cc) Special policemen appointed and designated by  a  town  as  peace
    43  officers pursuant to section one hundred fifty-eight of the town law.
    44    (dd)  Dog control and animal control officers appointed and designated
    45  as peace officers by a political subdivision of the state.
    46    (ee) Harbor park rangers employed by the Snug Harbor  cultural  center
    47  in  Richmond  county and appointed as New York city special patrolmen by
    48  the police commissioner pursuant to the administrative code of the  city
    49  of  New York.  Notwithstanding any provision of law, rule or regulation,
    50  such officers shall be authorized to issue appearance  tickets  pursuant
    51  to  section  150.20 of this chapter, and shall have such other powers as
    52  are specified in section 2.20 of this article only when acting  pursuant
    53  to their special duties.
    54    (ff) Officers of the Westchester county public safety emergency force,
    55  when  activated  by  the commissioner of public safety or the sheriff of
    56  the county of Westchester.

        S. 2647                             6

     1    (gg) Uniformed members of the  security  force  of  the  Troy  housing
     2  authority  appointed  and  designated  by  the Troy housing authority as
     3  peace officers.
     4    (hh)  Officers  and members of the sanitation police of the department
     5  of sanitation of the city of New York, duly appointed and designated  as
     6  peace  officers  by such department.  Provided, further, that nothing in
     7  this paragraph shall be deemed to apply to officers and members  of  the
     8  sanitation  police  regularly and exclusively assigned to enforcement of
     9  such city's residential recycling laws.
    10    (ii) Employees of the office of children and family services  assigned
    11  to  transport  and warrants units who are specifically designated by the
    12  director in accordance with section five hundred four-b of the executive
    13  law.
    14    (jj) Employees appointed and designated as peace officers by a sheriff
    15  pursuant to their special duties  serving  as  uniformed  marine  patrol
    16  officers.
    17    (kk)  Airport security guards, senior airport security guards, airport
    18  security supervisors, retired police officers, and supervisors of  same,
    19  who  are appointed and designated by resolution of the town board of the
    20  town of Islip to provide security at Long Island MacArthur Airport  when
    21  acting  pursuant  to  their  duties  as  such,  and such authority being
    22  specifically limited to the grounds of the said airport.
    23    (ll) Members of the security force employed and appointed  and  desig-
    24  nated as peace officers by Erie County Medical Center.
    25    (mm)  Employees  of  the  New  York city business integrity commission
    26  appointed and designated as peace officers by the  chairperson  of  such
    27  commission.
    28    (nn)  Members  of the security force employed by Kaleida Health within
    29  and directly adjacent to the hospital buildings on  the  medical  campus
    30  located  between  East  North  Street,  Goodell  Street, Main Street and
    31  Michigan Avenue. These officers shall only have  the  powers  listed  in
    32  paragraph  (c)  of  subdivision  one of section 2.20 of this article, as
    33  well as the power to detain an individual for  a  reasonable  period  of
    34  time  while  awaiting  the arrival of law enforcement, provided that the
    35  officer has actual knowledge, or probable cause to  believe,  that  such
    36  individual has committed an offense.
    37    (oo)  Watershed  protection  and enforcement officers appointed by the
    38  city of Peekskill. Such officers shall only have the powers set forth in
    39  paragraphs (a), (b), (c), (f),  (g),  and  (h)  of  subdivision  one  of
    40  section  2.20  of  this  article  and,  notwithstanding paragraph (b) of
    41  subdivision thirty-four-a of section 1.20 of this  title  and  paragraph
    42  (b)  of  subdivision  five  of section 140.25 of this chapter, watershed
    43  protection and enforcement officers are authorized to make  arrests  and
    44  issue  appearance  tickets  in those areas of the Hollow Brook watershed
    45  and Wiccopee reservoir located outside of the city of Peekskill  in  the
    46  counties  of  Putnam  and  Westchester,  including along its reservoirs,
    47  shoreline, and tributaries.
    48    § 2. Subdivision 23 of section 105 of the alcoholic  beverage  control
    49  law,  as added by section 1 of part F of chapter 85 of the laws of 2002,
    50  is amended to read as follows:
    51    23. All premises licensed  under  sections  fifty-four,  fifty-four-a,
    52  sixty-three  and  seventy-nine  of  this  chapter  shall  be  subject to
    53  inspection by any peace officer described in  [subdivision  four]  para-
    54  graph  (e)  of subdivision two of section 2.10 of the criminal procedure
    55  law acting pursuant to his special duties, or police officer or any duly

        S. 2647                             7

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

        S. 2647                             8

     1  procedure  law,  shall  discover  (1)  any cigarettes subject to any tax
     2  provided by chapter thirteen of this title, and upon which the  tax  has
     3  been  paid  and the stamps affixed as required by such chapter, but such
     4  cigarettes  are  sold,  offered  for  sale  or  possessed by a person in
     5  violation of section 11-1303, 17-703 or 20-202 of this code, or (2)  any
     6  flavored  tobacco  product  that  is sold, offered for sale or possessed
     7  with intent to sell in violation of section 17-715 of this code,  he  or
     8  she  is  hereby  authorized  and  empowered  forthwith to seize and take
     9  possession of such cigarettes or flavored tobacco product, together with
    10  any vending machine or receptacle in which such cigarettes  or  flavored
    11  tobacco  product  are held for sale. Such cigarettes or flavored tobacco
    12  product, vending machine or receptacle seized by such police officer  or
    13  such peace officer shall be turned over to the commissioner of finance.
    14    § 7. Subdivision c of section 12-121 of the administrative code of the
    15  city  of  New  York,  as  added  by  chapter 427 of the laws of 2000, is
    16  amended to read as follows:
    17    c. City residence shall not be required as a condition  of  employment
    18  for campus peace officers level I, level II and level III, as defined by
    19  paragraph (o) of subdivision [twenty-seven] three of section 2.10 of the
    20  criminal  procedure  law,  employed  by  the city university of New York
    21  before the effective date of this subdivision.
    22    § 8. Subdivision a of section 17-182 of the administrative code of the
    23  city of New York, as amended by local law number 22 of the city  of  New
    24  York for the year 2002, is amended to read as follows:
    25    a.  Any  corporation  of government, the expenses of which are paid in
    26  whole or in part from the  city  treasury,  which  provides  health  and
    27  medical  services and operates health facilities and which is authorized
    28  to employ special officers having peace officer  status  as  defined  in
    29  [New  York  Criminal Procedure Law § 2.10(40)] paragraph (t) of subdivi-
    30  sion three of section 2.10 of the criminal procedure law, shall  utilize
    31  peace  officers  appointed  pursuant  to said subdivision to perform the
    32  duties of special officer, senior special officer and hospital  security
    33  officer. The commissioner of the department of health and mental hygiene
    34  shall enforce this requirement.
    35    §  9.  Subdivision 1 of section 120 of the correction law, as added by
    36  chapter 202 of the laws of 2007, is amended to read as follows:
    37    1.  Except as provided in subdivisions two, three  and  four  of  this
    38  section,  the duty of maintaining the custody and supervision of persons
    39  detained or confined in a correctional facility as defined  in  subdivi-
    40  sion  four  of  section  two of this chapter, including a drug treatment
    41  campus as defined in subdivision twenty of section two of this  chapter,
    42  or  a  local  correctional facility as defined in subdivision sixteen of
    43  section two of this chapter shall be performed solely by police officers
    44  designated in paragraph (a), (b), (c), (d), (e),  (g),  (j)  or  (m)  of
    45  subdivision thirty-four of section 1.20 of the criminal procedure law or
    46  peace  officers designated in [subdivision twenty-five] paragraph (c) of
    47  subdivision one of section 2.10 of the  criminal  procedure  law,  which
    48  persons,  whether  employed  full-time  or  part-time,  shall  be in the
    49  competitive, non-competitive or exempt class of the civil service of New
    50  York state as determined by state law or  by  the  state  or  applicable
    51  local civil service commission.
    52    §  10. Paragraph (q) of subdivision 34 of section 1.20 of the criminal
    53  procedure law, as amended by section 55 of part K of chapter 61  of  the
    54  laws of 2011, is amended to read as follows:
    55    (q) An employee of the department of taxation and finance (i) assigned
    56  to  enforcement  of the taxes imposed under or pursuant to the authority

        S. 2647                             9

     1  of article twelve-A of the tax law and administered by the  commissioner
     2  of taxation and finance, taxes imposed under or pursuant to the authori-
     3  ty  of  article  eighteen of the tax law and administered by the commis-
     4  sioner,  taxes  imposed under article twenty of the tax law, or sales or
     5  compensating use taxes relating  to  petroleum  products  or  cigarettes
     6  imposed under article twenty-eight or pursuant to the authority of arti-
     7  cle  twenty-nine  of the tax law and administered by the commissioner or
     8  (ii) [designated as a revenue crimes specialist  and]  assigned  to  the
     9  enforcement  of [the] taxes [described in] pursuant to paragraph [(c) of
    10  subdivision four] (e) of subdivision two of section 2.10 of this  title,
    11  for  the  purpose  of  applying  for and executing search warrants under
    12  article six hundred ninety of this chapter, for the purpose of acting as
    13  a claiming agent under article thirteen-A of the civil practice law  and
    14  rules  in connection with the enforcement of the taxes referred to above
    15  and for the purpose of [executing warrants of  arrest  relating  to  the
    16  respective  crimes  specified  in  subdivision  four]  investigating  or
    17  enforcing a criminal law pursuant to paragraph (e) of subdivision two of
    18  section 2.10 of this title.
    19    § 11. Subdivision 1 of section 50-d of the civil rights law, as  added
    20  by chapter 517 of the laws of 1992, is amended to read as follows:
    21    1.  As  used  in  this  section, "personnel records of court officers"
    22  means all personnel records of court officers as defined in [paragraph a
    23  of] paragraph (d) of subdivision [twenty-one] one of section 2.10 of the
    24  criminal procedure law, used to evaluate  performance  toward  continued
    25  employment  or  promotion,  and under the control of the office of court
    26  administration.
    27    § 12. Subdivision 1 of section 50-e of the civil rights law, as  added
    28  by chapter 578 of the laws of 1993, is amended to read as follows:
    29    1.  As  used  in this section, "personnel records of bridge and tunnel
    30  officers, sergeants and lieutenants"  means  all  personnel  records  of
    31  bridge  and  tunnel  officers,  sergeants  and lieutenants as defined in
    32  paragraph (e) of subdivision [twenty] one of section 2.10 of the  crimi-
    33  nal procedure law, used to evaluate performance toward continued employ-
    34  ment  or  promotion,  and under the control of the Triborough bridge and
    35  tunnel authority.
    36    § 13. The opening paragraph of paragraph i of subdivision 1 of section
    37  130 of the civil service law, as added by chapter 257  of  the  laws  of
    38  2012, is amended to read as follows:
    39    Pursuant to the terms of an agreement between the state and an employ-
    40  ee  organization entered into pursuant to article fourteen of this chap-
    41  ter covering members of the collective negotiating  unit  designated  as
    42  security  supervisors  who  are  employed  by  the  state  department of
    43  corrections and community supervision and are designated as peace  offi-
    44  cers  pursuant  to  paragraph  (c)  of  subdivision [twenty-five] one of
    45  section 2.10 of the criminal procedure law, effective on the dates indi-
    46  cated, salary grades for positions in the  competitive,  non-competitive
    47  and labor classes shall be as follows:
    48    §  14.  Subdivision  2  and the opening paragraph and paragraph (f) of
    49  subdivision 4 of section 209 of the civil service  law,  as  amended  by
    50  section 64 of subpart B of part C of chapter 62 of the laws of 2011, are
    51  amended to read as follows:
    52    2.  Public employers are hereby empowered to enter into written agree-
    53  ments with recognized or certified employee organizations setting  forth
    54  procedures to be invoked in the event of disputes which reach an impasse
    55  in  the  course  of collective negotiations. Such agreements may include
    56  the undertaking by each party to submit unresolved issues  to  impartial

        S. 2647                            10

     1  arbitration.  In  the  absence  or  upon the failure of such procedures,
     2  public employers and employee organizations may  request  the  board  to
     3  render  assistance  as provided in this section, or the board may render
     4  such  assistance  on its own motion, as provided in subdivision three of
     5  this section, or, in regard to officers or members of any organized fire
     6  department, or any unit of the public employer which  previously  was  a
     7  part  of an organized fire department whose primary mission includes the
     8  prevention and control of aircraft fires, police force or police depart-
     9  ment of any county, city, town, village or fire or police  district,  or
    10  detective-investigators, or rackets investigators employed in the office
    11  of  a  district attorney of a county, or in regard to any organized unit
    12  of troopers, commissioned or noncommissioned officers of the division of
    13  state police, or in regard to investigators,  senior  investigators  and
    14  investigator  specialists  of the division of state police, or in regard
    15  to members  of  collective  negotiating  units  designated  as  security
    16  services  and  security  supervisors  who  are  police officers, who are
    17  forest ranger captains or who are employed by the  state  department  of
    18  corrections  and community supervision and are designated as peace offi-
    19  cers pursuant to paragraph  (c)  of  subdivision  [twenty-five]  one  of
    20  section  2.10  of the criminal procedure law, or in regard to members of
    21  the collective negotiating unit designated as the agency law enforcement
    22  services unit who are police officers pursuant  to  subdivision  thirty-
    23  four  of  section  1.20  of the criminal procedure law or who are forest
    24  rangers, or in regard to organized units  of  deputy  sheriffs  who  are
    25  engaged  directly  in criminal law enforcement activities that aggregate
    26  more than fifty per centum of their service as certified by  the  county
    27  sheriff  and  are police officers pursuant to subdivision thirty-four of
    28  section 1.20 of the criminal procedure law as certified by the municipal
    29  police training council or Suffolk county correction officers or Suffolk
    30  county park police, as provided in subdivision four of this section.
    31    On request of either party or upon its  own  motion,  as  provided  in
    32  subdivision  two  of this section, and in the event the board determines
    33  that an impasse exists in collective negotiations between such  employee
    34  organization and a public employer as to the conditions of employment of
    35  officers  or members of any organized fire department, or any other unit
    36  of the public employer which previously was a part of an organized  fire
    37  department  whose primary mission includes the prevention and control of
    38  aircraft fires, police force or police department of any  county,  city,
    39  town,  village  or fire or police district, and detective-investigators,
    40  criminal investigators or rackets investigators employed in  the  office
    41  of a district attorney, or as to the conditions of employment of members
    42  of any organized unit of troopers, commissioned or noncommissioned offi-
    43  cers  of the division of state police or as to the conditions of employ-
    44  ment of members of any organized unit of investigators, senior  investi-
    45  gators  and investigator specialists of the division of state police, or
    46  as to the terms and conditions of employment of  members  of  collective
    47  negotiating  units designated as security services and security supervi-
    48  sors, who are police officers, who are forest ranger captains or who are
    49  employed by the state department of  corrections  and  community  super-
    50  vision and are designated as peace officers pursuant to paragraph (c) of
    51  subdivision  [twenty-five] one of section 2.10 of the criminal procedure
    52  law, or in regard to members of the collective negotiating  unit  desig-
    53  nated  as  the agency law enforcement services unit who are police offi-
    54  cers pursuant to subdivision thirty-four of section 1.20 of the criminal
    55  procedure law or who are forest rangers, or  as  to  the  conditions  of
    56  employment  of  any  organized  unit  of deputy sheriffs who are engaged

        S. 2647                            11

     1  directly in criminal law enforcement activities that aggregate more than
     2  fifty per centum of their service as certified by the county sheriff and
     3  are police officers pursuant to subdivision thirty-four of section  1.20
     4  of  the  criminal  procedure  law  as  certified by the municipal police
     5  training council or Suffolk county correction officers or Suffolk county
     6  park police, the board shall render assistance as follows:
     7    (f) With regard to any members of collective negotiating units  desig-
     8  nated as security services or security supervisors, who are police offi-
     9  cers,  who  are  forest ranger captains or who are employed by the state
    10  department of corrections and community supervision and  are  designated
    11  as peace officers pursuant to paragraph (c) of subdivision [twenty-five]
    12  one  of  section  2.10  of  the  criminal procedure law, or in regard to
    13  members of the collective negotiating unit designated as the agency  law
    14  enforcement  services  unit who are police officers pursuant to subdivi-
    15  sion thirty-four of section 1.20 of the criminal procedure  law  or  who
    16  are  forest  rangers,  or in regard to detective-investigators, criminal
    17  investigators or rackets investigators  employed  in  the  office  of  a
    18  district  attorney of a county contained within a city with a population
    19  of one million or more, the provisions of this section shall only  apply
    20  to  the  terms  of collective bargaining agreements directly relating to
    21  compensation, including, but not limited to, salary, stipends,  location
    22  pay,  insurance,  medical  and  hospitalization  benefits; and shall not
    23  apply to non-compensatory issues including,  but  not  limited  to,  job
    24  security, disciplinary procedures and actions, deployment or scheduling,
    25  or  issues relating to eligibility for overtime compensation which shall
    26  be governed by other provisions proscribed by law.
    27    § 15. Paragraph d of subdivision 8 of section 156-c of  the  executive
    28  law,  as  amended  by  section 4 of part A of chapter 101 of the laws of
    29  2013, is amended to read as follows:
    30    d. Whenever any police officer designated in section 1.20 of the crim-
    31  inal procedure law or a peace officer designated  in  paragraph  (e)  of
    32  subdivision  [four and subdivision seventy-nine pertaining to the Office
    33  of Fire Prevention and Control,] two of section 2.10 of such law, acting
    34  pursuant to his or her special duties,  shall  discover  any  cigarettes
    35  which  have not been marked in the manner required by subdivision six of
    36  this section, such officer is hereby authorized and empowered  to  seize
    37  and  take possession of such cigarettes. Such seized cigarettes shall be
    38  turned over to the commissioner of taxation and finance,  and  shall  be
    39  forfeited to the state. Cigarettes seized pursuant to this section shall
    40  be destroyed.
    41    §  16.  Subdivision  4 of section 89-n of the general business law, as
    42  amended by chapter 221 of the laws  of  2003,  is  amended  to  read  as
    43  follows:
    44    4.  The provisions of this section shall not apply to a security guard
    45  who is:
    46    a. a correction officer of any state correctional facility having  the
    47  powers  of  a  peace  officer  pursuant  to paragraph (c) of subdivision
    48  [twenty-five] one of section 2.10 of the criminal procedure law;
    49    b. a bridge and tunnel officer, sergeant or lieutenant of the  Tribor-
    50  ough  bridge  and  tunnel authority having the powers of a peace officer
    51  pursuant to paragraph (e) of subdivision [twenty] one  of  section  2.10
    52  the criminal procedure law;
    53    c.  a  uniformed  court officer of the unified court system having the
    54  powers of a peace officer  pursuant  to  paragraph  (d)  of  subdivision
    55  [twenty-one] one of section 2.10 of the criminal procedure law;

        S. 2647                            12

     1    d.  a  court  clerk  having  the powers of a peace officer pursuant to
     2  paragraph (d) of subdivision [twenty-one] one of  section  2.10  of  the
     3  criminal procedure law;
     4    e.  a  deputy sheriff having the powers of a peace officer pursuant to
     5  paragraph (f) of subdivision [two] one  of  section  2.10  the  criminal
     6  procedure law;
     7    f.  a police officer as defined in paragraphs (a), (b), (c), (d), (e),
     8  (f), (j), (k), (l), (o) and (p) of subdivision  thirty-four  of  section
     9  1.20  of  the  criminal  procedure  law  who  has been retired from such
    10  employment for a period not to exceed ten years, provided, however, that
    11  a retired police officer who has been retired from such employment for a
    12  period in excess of ten years shall be required to provide proof to  his
    13  or  her security guard employer of his or her satisfactory completion of
    14  an eight hour annual in-service training course approved by the  commis-
    15  sioner, and provided further, however, that a retired police officer who
    16  will  be  required  by  his  or  her  security guard employer to carry a
    17  firearm or will be authorized to have access to a firearm shall  provide
    18  to  such  employer  proof  of  his  or  her satisfactory completion of a
    19  forty-seven hour firearms training course approved by  the  commissioner
    20  and,  if such firearms training course has not been completed within one
    21  year prior to such employment, satisfactory completion of an  additional
    22  eight  hour  annual  firearms in-service training course approved by the
    23  commissioner, such training course to be completed at least annually; or
    24    g. a peace officer as defined in [subdivisions two, twenty  and  twen-
    25  ty-five  and  paragraphs  a  and b of subdivision twenty-one] paragraphs
    26  (c), (d), (e), and (f) of subdivision one of section 2.10 of the  crimi-
    27  nal procedure law who has been retired from such employment for a period
    28  not to exceed ten years, provided, however, that a retired peace officer
    29  who  has been retired from such employment for a period in excess of ten
    30  years shall be required to provide proof to his or  her  security  guard
    31  employer  of  his or her satisfactory completion of an eight hour annual
    32  in-service training course approved by  the  municipal  police  training
    33  council, and provided further, however, that a retired peace officer who
    34  will  be  required  by  his  or  her  security guard employer to carry a
    35  firearm or will be authorized to have access to a firearm shall  provide
    36  to  such  employer  proof  of  his  or  her satisfactory completion of a
    37  forty-seven hour firearms training  course  approved  by  the  municipal
    38  police  training  council  and, if such firearms training course has not
    39  been  completed  within  one  year  prior  to  employment,  satisfactory
    40  completion of an additional eight hour annual firearms in-service train-
    41  ing  course  approved  by  the  municipal  police training council, such
    42  training course to be completed at least annually.
    43    § 17. Subdivision 13 of section 1299-e of the public authorities  law,
    44  as  amended  by  chapter  816 of the laws of 1984, is amended to read as
    45  follows:
    46    13. To appoint or designate one or more persons  for  the  purpose  of
    47  enforcing  rules  and  regulations  established by the authority, and to
    48  compel the observance of law and order on the properties, facilities and
    49  improvements of the authority for the protection and  administration  of
    50  such  property,  facilities  and  improvements, and the traveling public
    51  using such facilities. Each person as and when so  appointed  or  desig-
    52  nated shall be known as (a) a "Niagara frontier transportation authority
    53  security officer or patrolman" and shall be a peace officer as set forth
    54  in  paragraph (g) of subdivision [forty-five] two of section 2.10 of the
    55  criminal procedure law, or a police officer within the purview of subdi-
    56  vision thirty-four of section 1.20 of the criminal procedure law or  (b)

        S. 2647                            13

     1  a  "ticket inspector" and shall not be a peace officer or a police offi-
     2  cer but, when so designated or appointed, shall be authorized  to  issue
     3  and  serve appearance tickets pursuant to section 150.20 of the criminal
     4  procedure  law  with  respect  to violations of rules and regulations so
     5  established.
     6    § 18. Subdivision 4 of section 1399-ll of the public  health  law,  as
     7  amended  by  section  3 of part EE of chapter 56 of the laws of 2020, is
     8  amended to read as follows:
     9    4. Whenever a police officer designated in section 1.20 of the  crimi-
    10  nal  procedure  law  or  a  peace officer designated in paragraph (e) of
    11  subdivision [four] two of section 2.10 of such law, acting  pursuant  to
    12  his  or  her  special  duties,  shall  discover  any cigarettes or vapor
    13  products intended or reasonably expected to be  used  with  or  for  the
    14  consumption  of  nicotine  which have been or which are being shipped or
    15  transported  in  violation  of  this  section,  such  person  is  hereby
    16  empowered and authorized to seize and take possession of such cigarettes
    17  or vapor products intended or reasonably expected to be used with or for
    18  the  consumption  of  nicotine,  and  such  cigarettes or vapor products
    19  intended or reasonably expected to be used with or for  the  consumption
    20  of  nicotine  shall  be  subject  to a forfeiture action pursuant to the
    21  procedures provided for in article thirteen-A of the civil practice  law
    22  and  rules,  as  if such article specifically provided for forfeiture of
    23  cigarettes or vapor products intended or reasonably expected to be  used
    24  with  or for the consumption of nicotine seized pursuant to this section
    25  as a pre-conviction forfeiture crime.
    26    § 19. Subdivisions 4, 5 and 7 of section 3-b of  the  public  officers
    27  law, subdivision 4 as added by chapter 404 of the laws of 2011, subdivi-
    28  sion  5  as  added by chapter 8 of the laws of 2013 and subdivision 7 as
    29  added by chapter 418 of the  laws  of  2014,  are  amended  to  read  as
    30  follows:
    31    4.  Neither  the provisions of this section or of any general, special
    32  or local law, charter, code, ordinance, resolution, rule or  regulation,
    33  requiring  a  person  to  be  a resident of the political subdivision or
    34  municipal corporation of the state by which he or she is employed, shall
    35  apply to a person employed by a city  with  a  population  of  over  one
    36  million  in the titles of special officer, senior special officer, prin-
    37  cipal special officer and supervising special officer as "special  offi-
    38  cer" is defined in paragraph (t) of subdivision [forty] three of section
    39  2.10  of  the  criminal  procedure  law,  evidence  and property control
    40  specialists, taxi and limousine inspector, taxi and limousine  inspector
    41  (motor  vehicles),  senior taxi and limousine inspector, senior taxi and
    42  limousine inspector  (motor  vehicles),  associate  taxi  and  limousine
    43  inspector,  supervising  taxi  and limousine inspector, supervising taxi
    44  and limousine inspector (motor vehicles), education facilities  officers
    45  L1  (formerly school guards), education facilities officers L2 (formerly
    46  school safety officers), hospital  security  officers,  campus  security
    47  officer,  campus  peace  officer,  college  security  specialist, campus
    48  public safety  sergeant,  campus  security  assistant  or  school  guard
    49  (school  safety  agent), provided that he or she has completed two years
    50  of employment with the city of New York and is a resident of  New  York,
    51  Kings,  Queens,  Bronx,  Richmond, Nassau, Westchester, Suffolk, Orange,
    52  Rockland or Putnam county.
    53    5. In respect to peace officers employed by  Cornell  university,  and
    54  assigned  to  the Ithaca campus, pursuant to section fifty-seven hundred
    55  nine of the education law, the provisions of this  section  requiring  a
    56  person  to  be  a resident of the same county as the appointing official

        S. 2647                            14

     1  shall not prevent a person from serving as a peace officer  for  Cornell
     2  university,  or  as a special deputy sheriff, and assigned to the Ithaca
     3  campus, as defined in paragraph (b) of subdivision [forty-two] three  of
     4  section  2.10  of  the criminal procedure law, provided that such person
     5  resides in the state of New York.
     6    7. Neither the provisions of this section or of any  general,  special
     7  or  local law, charter, code, ordinance, resolution, rule or regulation,
     8  requiring a person to be a resident  of  the  political  subdivision  or
     9  municipal corporation of the state for which he or she shall be employed
    10  or  appointed or within which his or her official functions are required
    11  to be exercised, shall apply to a person who is a member of the security
    12  force employed or appointed by Kaleida Health as described in  paragraph
    13  (nn) of subdivision [eighty-three] three of section 2.10 of the criminal
    14  procedure  law, provided that such person resides in the county in which
    15  such security force of Kaleida Health is located or an adjoining  county
    16  within the state. The provisions of this subdivision shall only apply to
    17  a  person  who  is  a  member  of the security force employed by Kaleida
    18  Health on the effective date of this subdivision.
    19    § 20. Subdivision 20 of section 10.00 of the penal law,  as  added  by
    20  chapter 765 of the laws of 2005, is amended to read as follows:
    21    20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
    22  of  this  chapter,  the  term  "peace  officer" means a peace officer as
    23  defined in [subdivision one, two, three, four,  six,  twelve,  thirteen,
    24  fifteen,  sixteen,  seventeen,  eighteen,  nineteen, twenty, twenty-one,
    25  twenty-three,  twenty-three-a,  twenty-four,  twenty-five,   twenty-six,
    26  twenty-eight,  twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
    27  thirty-five, thirty-six, forty-three,  forty-five,  forty-seven,  forty-
    28  eight,  forty-nine,  fifty-one,  fifty-two,  fifty-eight,  sixty-one, as
    29  added by chapter two hundred fifty-seven of the laws of nineteen hundred
    30  ninety-two, sixty-one, as added by chapter three hundred  twenty-one  of
    31  the  laws of nineteen hundred ninety-two, sixty-two, as added by chapter
    32  two hundred four of the laws of nineteen  hundred  ninety-three,  sixty-
    33  two,  as  added by chapter six hundred eighty-seven of the laws of nine-
    34  teen hundred  ninety-three,  sixty-three,  as  amended  by  chapter  six
    35  hundred  thirty-eight  of  the  laws  of two thousand three, sixty-four,
    36  sixty-five, sixty-eight, as added by chapter one hundred sixty-eight  of
    37  the laws of two thousand, sixty-eight, as added by chapter three hundred
    38  eighty-one  of  the laws of two thousand, seventy, seventy-one, seventy-
    39  four, as added by chapter five hundred forty-eight of the  laws  of  two
    40  thousand one, seventy-five, as added by chapter three hundred twenty-one
    41  of  the  laws of two thousand two, seventy-five, as added by chapter six
    42  hundred twenty-three of the laws of two thousand two, seventy-seven,  as
    43  added  by  chapter three hundred sixty-seven of the laws of two thousand
    44  four, seventy-eight or seventy-nine, as added  by  chapter  two  hundred
    45  forty-one of the laws of two thousand four,] paragraphs (a), (a-1), (b),
    46  (c),  (d),  (e),  and  (f) of subdivision one, paragraphs (a), (c), (e),
    47  (f), (g), and (n) of subdivision two and paragraphs (a), (b), (c),  (h),
    48  (i),  (j),  (k), (l), (o), (p), (q), (r), (x), (y), (aa), (gg), and (kk)
    49  of subdivision three of section 2.10 of the criminal procedure  law,  as
    50  well  as  any federal law enforcement officer defined in section 2.15 of
    51  the criminal procedure law.
    52    § 21. Subparagraph (ii) of paragraph (a) of subdivision 1  of  section
    53  125.26 of the penal law, as added by chapter 765 of the laws of 2005, is
    54  amended to read as follows:
    55    (ii)  the intended victim was a peace officer as defined in [paragraph
    56  a of subdivision twenty-one, subdivision  twenty-three,  twenty-four  or

        S. 2647                            15

     1  sixty-two  (employees  of the division for youth)] paragraph (a), (b) or
     2  (d) of subdivision one of section 2.10 of the criminal procedure law who
     3  was at the time of the killing engaged in the course of  performing  his
     4  or her official duties, and the defendant knew or reasonably should have
     5  known  that  the victim was such a uniformed court officer, parole offi-
     6  cer, or probation officer[, or employee of the division for youth]; or
     7    § 22. Subparagraph (ii) of paragraph (a) of subdivision 1  of  section
     8  125.27 of the penal law, as amended by chapter 1 of the laws of 1995, is
     9  amended to read as follows:
    10    (ii)  the intended victim was a peace officer as defined in [paragraph
    11  a of subdivision twenty-one, subdivision  twenty-three,  twenty-four  or
    12  sixty-two  (employees  of the division for youth)] paragraph (a), (b) or
    13  (d) of subdivision one of section 2.10 of the criminal procedure law who
    14  was at the time of the killing engaged in the course of  performing  his
    15  official  duties, and the defendant knew or reasonably should have known
    16  that the intended victim was such  a  uniformed  court  officer,  parole
    17  officer,  or probation officer[, or employee of the division for youth];
    18  or
    19    § 23. Subdivisions 6 and 14 of section 400.00 of the penal law, subdi-
    20  vision 6 as amended by chapter 104 of the laws of 2019,  subdivision  14
    21  as  amended  by  chapter 195 of the laws of 2005, are amended to read as
    22  follows:
    23    6. License: validity. Any license  issued  pursuant  to  this  section
    24  shall  be valid notwithstanding the provisions of any local law or ordi-
    25  nance.  No license shall be transferable to any other  person  or  prem-
    26  ises.  A license to carry or possess a pistol or revolver, not otherwise
    27  limited as to place or time of possession, shall be effective throughout
    28  the state, except that the same shall not be valid within  the  city  of
    29  New  York  unless  a  special  permit granting validity is issued by the
    30  police commissioner of that city. Such license to carry or possess shall
    31  be valid within the city of New York in the absence of a  permit  issued
    32  by  the police commissioner of that city, provided that (a) the firearms
    33  covered by such license have been purchased from a licensed dealer with-
    34  in the city of New York and are  being  transported  out  of  said  city
    35  forthwith  and  immediately from said dealer by the licensee in a locked
    36  container during a continuous and uninterrupted trip; or  provided  that
    37  (b)  the  firearms  covered by such license are being transported by the
    38  licensee in a locked container and the trip through the city of New York
    39  is continuous and uninterrupted;  or  provided  that  (c)  the  firearms
    40  covered  by  such  license  are  carried  by armored car security guards
    41  transporting money or other valuables, in, to, or  from  motor  vehicles
    42  commonly  known  as armored cars, during the course of their employment;
    43  or provided that (d) the licensee is a retired police officer as  police
    44  officer  is  defined pursuant to subdivision thirty-four of section 1.20
    45  of the criminal procedure law or a retired federal law enforcement offi-
    46  cer, as defined in section 2.15 of the criminal procedure law,  who  has
    47  been  issued  a license by an authorized licensing officer as defined in
    48  subdivision ten of section 265.00 of this  chapter;  provided,  further,
    49  however,  that if such license was not issued in the city of New York it
    50  must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
    51  ment Officer", as the case may be, and, in the case of a retired officer
    52  the license shall be  deemed  to  permit  only  police  or  federal  law
    53  enforcement  regulations weapons; or provided that (e) the licensee is a
    54  peace officer described in paragraph (e) of subdivision  [four]  two  of
    55  section 2.10 of the criminal procedure law and the license, if issued by
    56  other  than  the city of New York, is marked "New York State Tax Depart-

        S. 2647                            16

     1  ment Peace Officer" and in such case the exemption shall apply  only  to
     2  the  firearm  issued  to such licensee by the department of taxation and
     3  finance. A license as gunsmith or dealer in firearms shall not be  valid
     4  outside  the  city or county, as the case may be, where issued. Notwith-
     5  standing any inconsistent provision of state or local  law  or  rule  or
     6  regulation, the premises limitation set forth in any license to have and
     7  possess  a  pistol  or  revolver  in the licensee's dwelling or place of
     8  business pursuant to paragraph (a) or (b) of  subdivision  two  of  this
     9  section  shall  not  prevent  the  transport  of such pistol or revolver
    10  directly to or from (i) another dwelling or place  of  business  of  the
    11  licensee  where  the  licensee  is  authorized  to have and possess such
    12  pistol or revolver, (ii) an indoor or outdoor  shooting  range  that  is
    13  authorized  by  law  to operate as such, (iii) a shooting competition at
    14  which the licensee may possess such pistol or revolver  consistent  with
    15  the  provisions  of  subdivision  a of section 265.20 of this chapter or
    16  consistent with the law applicable at the place of such competition,  or
    17  (iv)  any  other  location  where the licensee is lawfully authorized to
    18  have and possess such pistol or revolver; provided however, that  during
    19  such  transport  to  or from a location specified in clauses (i) through
    20  (iv) of this paragraph, the pistol or revolver  shall  be  unloaded  and
    21  carried  in  a  locked  container,  and the ammunition therefor shall be
    22  carried separately; provided further, however, that a  license  to  have
    23  and  possess a pistol or revolver in the licensee's dwelling or place of
    24  business pursuant to paragraph (a) or (b) of  subdivision  two  of  this
    25  section  that  is  issued  by  a licensing officer other than the police
    26  commissioner of the city of New York shall not authorize transport of  a
    27  pistol  or  revolver into the city of New York in the absence of written
    28  authorization to do so by the police commissioner of that city. The term
    29  "locked container" shall not include the glove compartment or console of
    30  a vehicle.
    31    14. Fees. In the city of New York and the county of Nassau, the annual
    32  license fee shall be twenty-five dollars for gunsmiths and fifty dollars
    33  for dealers in firearms. In such city, the city council and in the coun-
    34  ty of Nassau the Board of Supervisors shall fix the fee  to  be  charged
    35  for  a  license to carry or possess a pistol or revolver and provide for
    36  the disposition of such fees. Elsewhere  in  the  state,  the  licensing
    37  officer  shall  collect  and  pay into the county treasury the following
    38  fees: for each license to carry or possess a  pistol  or  revolver,  not
    39  less  than  three dollars nor more than ten dollars as may be determined
    40  by the legislative body of the county; for each amendment thereto, three
    41  dollars, and five dollars in the county of Suffolk; and for each license
    42  issued to a gunsmith or dealer in firearms, ten dollars. The fee  for  a
    43  duplicate  license  shall  be  five  dollars.  The  fee for processing a
    44  license transfer between counties shall be five  dollars.  The  fee  for
    45  processing  a  license or renewal thereof for a qualified retired police
    46  officer as defined under subdivision thirty-four of section 1.20 of  the
    47  criminal procedure law, or a qualified retired sheriff, undersheriff, or
    48  deputy sheriff of the city of New York as defined under paragraph (f) of
    49  subdivision  [two] one of section 2.10 of the criminal procedure law, or
    50  a qualified retired bridge and tunnel officer, sergeant or lieutenant of
    51  the triborough bridge and tunnel authority as  defined  under  paragraph
    52  (e)  of  subdivision [twenty] one of section 2.10 of the criminal proce-
    53  dure law, or a qualified retired uniformed court officer in the  unified
    54  court  system,  or  a qualified retired court clerk in the unified court
    55  system [in the first and second judicial  departments],  as  defined  in
    56  [paragraphs  a  and  b] paragraph (d) of subdivision [twenty-one] one of

        S. 2647                            17

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

        S. 2647                            18

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

        S. 2647                            19

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

        S. 2647                            20

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