A 11054: Authorizes public transit agencies to hire former police officers as transit security marshals having peace officer status, provided they complete trainings and meet medical and physical fitness standards.

  
  STATE OF NEW YORK ________________________________________________________________________ 11054  IN ASSEMBLY April 24, 2026 ___________ Introduced by M. of A. BROOK-KRASNY, CHANG, NOVAKHOV -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the retirement and social security law, in relation to authorizing public transit agencies to hire former police officers as transit security marshals having peace officer status The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2.10 of the criminal procedure law is amended by 2 adding a new subdivision 88 to read as follows: 3 88. (a) Transit security marshals, while acting in the scope of their 4 official duties and within facilities, conveyances, and geographic areas 5 owned, operated, or controlled by the appointing public transit agency, 6 or as otherwise specifically authorized by agreement with a law enforce- 7 ment agency having jurisdiction; provided, however, that nothing in this 8 subdivision shall be deemed to authorize any such transit security 9 marshal to carry, possess, repair or dispose of a firearm unless: 10 (i) the appropriate license therefor has been issued pursuant to 11 section 400.00 of the penal law; 12 (ii) such transit security marshal has been specifically authorized to 13 do so by the appointing authority; and 14 (iii) such transit security marshal has successfully completed an 15 approved firearms training and qualification program consistent with 16 standards established by the division of criminal justice services, and 17 such transit security marshal maintains periodic requalification as 18 required by such standards. 19 (b) The appointing authority shall ensure that each transit security 20 marshal: 21 (i) completes initial and ongoing training, including use of force, 22 de-escalation, and legal authority; 23 (ii) meets medical and physical fitness standards established by the 24 appointing authority in consultation with applicable law enforcement 25 agencies; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15457-01-6 
 A. 11054 2 1 (iii) remains in compliance with all applicable state and federal laws 2 governing the exercise of peace officer authority. 3 (c) Nothing in this subdivision shall be construed to supersede or 4 limit the jurisdiction of any other law enforcement agency. 5 (d) For the purposes of this subdivision, the following terms shall 6 have the following meanings: 7 (i) "Transit security marshal" means a person who: 8 (1) is a former police officer; 9 (2) is appointed by a public transit agency in coordination with, or 10 by, a law enforcement agency having jurisdiction; 11 (3) has satisfied the training requirements set forth in section 2.30 12 of this article for peace officers; and 13 (4) meets any applicable certification and qualification standards 14 established pursuant to this subdivision. 15 (ii) "Public transit agency" means any public benefit corporation 16 created pursuant to the public authorities law, or any state, regional, 17 or local governmental entity, that operates or contracts for the opera- 18 tion of buses, trains, subways, commuter rail, or other mass transit 19 services for the general public within New York state, including but not 20 limited to the metropolitan transportation authority and its subsid- 21 iaries, regional transit commissions, and municipal transit operators. 22 (iii) "Former police officer" means a person who previously served as 23 a police officer and who separated from such service in good standing, 24 as determined by the appointing authority, and who is not currently 25 serving as a police officer or peace officer. 26 § 2. Subparagraphs 2, 4 and 5 of paragraph (b) of subdivision 2 of 27 section 211 of the retirement and social security law, as amended by 28 chapter 640 of the laws of 2008, are amended and a new subparagraph 6 is 29 added to read as follows: 30 (2) that [he or she] such retired person will earn more than one thou- 31 sand dollars in one year, including compensation earned in such position 32 under other provisions of this article that there are not readily avail- 33 able for recruitment persons qualified to perform the duties of such 34 position; [and (4)];] 35 (4) that [his or her] such retired person's employment is in the best 36 interests of the government service; [and] 37 (5)(i) that there is an urgent need for [his or her] such retired 38 person's services in such position as a result of an unplanned, unpre- 39 dictable and unexpected vacancy where sufficient time is not available 40 to recruit a qualified individual and that such hiring shall be deemed 41 as non-permanent rather than a final filling of such position; or 42 (ii) that the prospective employer has undertaken extensive recruit- 43 ment efforts to fill such vacancy and as a result thereof, has deter- 44 mined that there are no available non-retired persons qualified to 45 perform the duties of such position[.]; and 46 (6) that in the case of a person employed as a transit security 47 marshal, as defined by subdivision eighty-eight of section 2.10 of the 48 criminal procedure law, the duties of such transit security marshal 49 shall be limited to providing safety and security services within the 50 scope authorized by subdivision eighty-eight of section 2.10 of the 51 criminal procedure law. 52 § 3. Section 212 of the retirement and social security law is amended 53 by adding a new subdivision 4 to read as follows: 54 4. (a) Notwithstanding the provisions of subdivisions one and two of 55 this section, the earnings limitations set forth therein shall not apply 56 to a retired person who: 
 A. 11054 3 1 (i) previously served as a police officer as defined by subdivision 2 thirty-four of section 1.20 of the criminal procedure law and separated 3 from such service in good standing; 4 (ii) is employed as a transit security marshal, as defined by subdivi- 5 sion eighty-eight of section 2.10 of the criminal procedure law; 6 (iii) is determined, pursuant to objective standards established by 7 the appointing authority, to be physically and mentally fit to perform 8 the duties of such position; and 9 (iv) has completed all required training and certification applicable 10 to such position. 11 (b) The exemption provided under this subdivision shall apply solely 12 to employment in the title of transit security marshal under subdivision 13 eighty-eight of section 2.10 of the criminal procedure law and shall not 14 extend to any other position. 15 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 16 sion, section or part of this act shall be adjudged by any court of 17 competent jurisdiction to be invalid, such judgment shall not affect, 18 impair, or invalidate the remainder thereof, but shall be confined in 19 its operation to the clause, sentence, paragraph, subdivision, section 20 or part thereof directly involved in the controversy in which such judg- 21 ment shall have been rendered. It is hereby declared to be the intent of 22 the legislature that this act would have been enacted even if such 23 invalid provisions had not been included herein. 24 § 5. This act shall take effect immediately.