N.Y.
Executive Law Section 835
Definitions
1.
“Division” means the division of criminal justice services.3.
“Commissioner” means the commissioner of the division of criminal justice services.4.
“Council” means the municipal police training council.5.
“Federal acts” means the federal omnibus crime control and safe streets act of nineteen hundred sixty-eight, the federal juvenile delinquency prevention and control act of nineteen hundred sixty-eight, and any act or acts amendatory or supplemental thereto.6.
“Municipality” means any county, city, town, park commission, village, or police district in the state.7.
“Police officer” means a member of a police force or other organization of a municipality who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of the state, but shall not include any person serving as such solely by virtue of his occupying any other office or position, nor shall such term include a sheriff, under-sheriff, commissioner of police, deputy or assistant commissioner of police, chief of police, deputy or assistant chief of police or any person having an equivalent title who is appointed or employed by a municipality to exercise equivalent supervisory authority. 7-a. “Police officer,” for the purpose of the central state registry, means a person designated as such in subdivision thirty-four of section 1.20 of the criminal procedure law. 7-b. “Peace officer” means a person designated as such in section 2.10 of the criminal procedure law.8.
“Police agency” means any agency or department of any municipality, commission, authority or other public benefit corporation having responsibility for enforcing the criminal laws of the state.9.
“Qualified agencies” means courts in the unified court system, the administrative board of the judicial conference, probation departments, sheriffs’ offices, district attorneys’ offices, the state department of corrections and community supervision, the department of correction of any municipality, the financial frauds and consumer protection unit of the state department of financial services, the office of professional medical conduct of the state department of health for the purposes of Public Health Law § 230 (State board for professional medical conduct)section two hundred thirty of the public health law, the child protective services unit of a local social services district when conducting an investigation pursuant to subdivision six of Social Services Law § 424 (Duties of the child protective service concerning reports of abuse or maltreatment)section four hundred twenty-four of the social services law, the office of Medicaid inspector general, the temporary state commission of investigation, police forces and departments having responsibility for enforcement of the general criminal laws of the state, the Onondaga County Center for Forensic Sciences Laboratory when acting within the scope of its law enforcement duties and the division of forensic services of the Nassau county medical examiner’s office when acting within the scope of its law enforcement duties.10.
“Criminal justice function” means the prevention, detection and investigation of the commission of an offense, the apprehension of a person for the alleged commission of an offense, the detention, release on recognizance or bail of a person charged with an offense prior to disposition of the charge, the prosecution and defense of a person charged with an offense, the detention, release on recognizance or bail of a person convicted of an offense prior to sentencing, the sentencing of offenders, probation, incarceration, parole, proceedings in a court subsequent to a judgment of conviction relating thereto and the release of offenders from incarceration.11.
“Mass shooting” means an incident in which at least four people are murdered with a firearm, rifle, or shotgun.
Source:
Section 835 — Definitions, https://www.nysenate.gov/legislation/laws/EXC/835 (updated Feb. 9, 2024; accessed Oct. 26, 2024).
