BILL NUMBER: S3337
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the executive law and the criminal procedure law, in
relation to persons designated as auxiliary officers
 
PURPOSE:
To define who is designated as an auxiliary officer, enumerate the
powers of auxiliary officers, and outline the training requirements for
new auxiliary officers.
 
SUMMARY OR SPECIFIC PROVISIONS:
Section 1 amends Section 835 of the executive law by adding a new subdi-
vision 7-c to provide for the definition of "auxiliary officer".
Section 2 amends Title A of part 1 of the criminal procedure law by
adding a new article 3 to define what persons are designated as auxilia-
ry officers, the powers of auxiliary officers, and the training require-
ments for new auxiliary officers appointed on or after the date of
enactment.
Section 3 sets the effective date.
 
JUSTIFICATION:
With the ever-expanding scope of police officer duties and responsibil-
ities across the state, complementary forces have tried to fill the gap.
While the designation of "peace officers" is already provided for in the
criminal ' procedure law, opportunities remain for additional types of
law enforcement officers to play a role in maintaining public safety and
order. This bill lends support to municipal and county police authori-
ties by statutorily providing a framework of mechanisms to designate,
empower, and train "auxiliary officers?"
Auxiliary officers are civic-minded volunteer officers who perform
important public safety and crime prevention tasks in residential and
commercial areas, public transportation sites, parades, street fairs,
special events, houses of worship, traffic areas, parks and recreation
areas, and navigation channels among others. Generally, auxiliary offi-
cers can be trained in self-defense, CPR and first aid, and patrol tech-
niques. They often observe and report conditions requiring the services
of regular police, and at times assist in non-enforcement duties as
well.
Auxiliary police are already explicitly authorized in New York City, but
there is limited law governing auxiliary officers in state law, to such
a degree that it requires clarification.
In terms of designation of these officers, this bill expands public
safety capabilities by giving municipalities other than New York City
greater clarity as to the designation, powers and training of auxiliary
officers outside of the auspices of the Defense Emergency Act of 1951,
providing the state civil defense commission the power to assume direct
operational control of auxiliary officers in the event of an attack,
giving towns the ability to appoint an auxiliary officer as a "special
police officer" under town law, and providing for added mechanisms of
support.
Powers granted to auxiliary officers in this bill include the power to
issue appearance tickets when acting pursuant to their special duties,
the power to issue appearance tickets for parks, recreation, and histor-
ic preservation purposes, provide simplified traffic information of
vehicle and traffic law, issue appearance tickets under environmental
conservation law, issue navigation summons, and perform other powers
authorized by general, special, or local law that is not inconsistent
with the criminal penal law.
Lastly, this bill ensures a proper quality standard is maintained by
requiring new auxiliary officers to successfully complete training
prescribed by the municipal police training council and the officer's
appointing authority.
This bill fills a gap in New York public safety and order by explicitly
providing for designation of a new class of auxiliary officers, empower-
ing them to perform a variety of essential public safety duties, and
ensuring proper and consistent training to maintain quality standards.
 
PRIOR LEGISLATIVE HISTORY:
S8372 (2021-22): Referred to Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3337: 835 executive law