§ 89-F — Definitions

§ 89-f. Definitions. As used in this article, the following words and\nphrases shall have the following meanings:\n 1. "Commissioner" shall mean the commissioner of the division of\ncriminal justice services.\n 2. "Division" shall mean the division of criminal justice services.\n 3. "Secretary" shall mean the secretary of state.\n 4. "Department" shall mean the department of state.\n 5. "Security guard company" shall mean any person, firm, limited\nliability company, corporation, public entity or subsidiary or\ndepartment of such firm, limited liability company, corporation or\npublic entity employing one or more security guards or being\nself-employed as a security guard on either a proprietary basis for its\nown use or on a contractual basis for use by another person, firm,\nlimited liability company, corporation, public entity or subsidiary\nthereof within the state.\n 6. "Security guard" shall mean a person, other than a police officer,\nemployed by a security guard company to principally perform one or more\nof the following functions within the state:\n a. protection of individuals and/or property from harm, theft or other\nunlawful activity;\n b. deterrence, observation, detection and/or reporting of incidents in\norder to prevent any unlawful or unauthorized activity including but not\nlimited to unlawful or unauthorized intrusion or entry, larceny,\nvandalism, abuse, arson or trespass on property;\n c. street patrol service;\n d. response to but not installation or service of a security system\nalarm installed and/or used to prevent or detect unauthorized intrusion,\nrobbery, burglary, theft, pilferage and other losses and/or to maintain\nsecurity of a protected premises.\n Provided, however, that a security guard who is otherwise subject to\nregulation with respect to registration and training by the federal\ngovernment in the performance of their duties, or a security guard\nproviding such services on a voluntary basis, shall not be subject to\nthe provisions of this article.\n 7. "Public entity" shall mean:\n a. the state of New York;\n b. a county, city, town, village or any other political subdivision or\ncivil department or division of the state;\n c. any other public corporation, public authority, commission, agency,\nmunicipal or other public housing authority, or project organized\npursuant to article two of the private housing finance law;\n d. any other governmental instrumentality or governmental unit in the\nstate of New York.\n 8. "Security system" shall mean an assembly of equipment and devices\nor a single device designated to detect and/or signal an unauthorized\nintrusion into premises or to signal an attempted robbery, burglary,\ntheft, pilferage or other loss at a protected premises, and with respect\nto which signal, police and/or security guards are expected to respond.\nSmoke and/or fire alarm systems are excluded from the provisions of this\narticle.\n 9. "Applicant" shall mean an individual who has filed an application\nwith the department for a security guard registration card.\n 10. "Holder" shall mean an individual who has been issued a\nregistration card by the department.\n 11. "Registration card" shall mean a photographic identification card\nissued by the department, including a special armed guard registration\ncard signifying that the individual identified thereon has been\nauthorized by the department to perform security guard functions.\n 12. "Special armed guard registration card" shall mean a registration\ncard issued by the department signifying that the individual thereon has\nbeen certified by the department to perform security guard functions and\nto carry firearms in connection with such functions. Nothing herein\ncontained shall relieve such guard from any provision of law which\nrequires that he or she be licensed to carry such firearm.\n 13. "Serious offense" shall mean any felony involving the offenses\nenumerated in the closing paragraph of this subdivision; a criminal\nsolicitation of or a conspiracy to commit or an attempt to commit or a\ncriminal facilitation of a felony involving the offenses enumerated in\nthe closing paragraph of this subdivision, which criminal solicitation,\nconspiracy, attempt or criminal facilitation itself constitutes a felony\nor any offense in any other jurisdiction which if committed in this\nstate would constitute a felony; any offense in any other jurisdiction\nwhich if committed in this state would constitute a felony provided that\nfor the purposes of this article, none of the following shall be\nconsidered criminal convictions or reported as such: (i) a conviction\nfor which an executive pardon has been issued pursuant to the executive\nlaw; (ii) a conviction which has been vacated and replaced by a youthful\noffender finding pursuant to article seven hundred twenty of the\ncriminal procedure law, or the applicable provisions of law of any other\njurisdiction; or (iii) a conviction the records of which have been\nsealed pursuant to the applicable provisions of the laws of this state\nor of any other jurisdiction; and (iv) a conviction for which other\nevidence of successful rehabilitation to remove the disability has been\nissued.\n Felonies involving: assault, aggravated assault and reckless\nendangerment pursuant to article one hundred twenty; vehicular\nmanslaughter, manslaughter and murder pursuant to article one hundred\ntwenty-five; sex offenses pursuant to article one hundred thirty;\nunlawful imprisonment, kidnapping or coercion pursuant to article one\nhundred thirty-five; criminal trespass and burglary pursuant to article\none hundred forty; criminal mischief, criminal tampering and tampering\nwith a consumer product pursuant to article one hundred forty-five;\narson pursuant to article one hundred fifty; larceny and offenses\ninvolving theft pursuant to article one hundred fifty-five; offenses\ninvolving computers pursuant to article one hundred fifty-six; robbery\npursuant to article one hundred sixty; criminal possession of stolen\nproperty pursuant to article one hundred sixty-five; forgery and related\noffenses pursuant to article one hundred seventy; involving false\nwritten statements pursuant to article one hundred seventy-five;\ncommercial bribing and commercial bribe receiving pursuant to article\none hundred eighty; criminal impersonation and scheme to defraud\npursuant to article one hundred ninety; bribery involving public\nservants and related offenses pursuant to article two hundred; perjury\nand related offenses pursuant to article two hundred ten; tampering with\na witness, intimidating a victim or witness and tampering with physical\nevidence pursuant to article two hundred fifteen; criminal possession of\na controlled substance pursuant to sections 220.06, 220.09, 220.16,\n220.18 and 220.21; criminal sale of a controlled substance pursuant to\nsections 220.31, 220.34, 220.39, 220.41, 220.43 and 220.44; criminal\nsale of cannabis pursuant to sections 222.55, 222.60 and 222.65; riot in\nthe first degree, aggravated harassment in the first degree, criminal\nnuisance in the first degree and falsely reporting an incident in the\nsecond or first degree pursuant to article two hundred forty; and crimes\nagainst public safety pursuant to article two hundred sixty-five of the\npenal law.\n 14. "Peace officer" shall mean a peace officer as defined by\nsubdivision thirty-three of section 1.20 of the criminal procedure law,\nwho is employed full-time as a peace officer and who has successfully\ncompleted the training requirements as set forth in subdivision one of\nsection 2.30 of such law.\n 15. "Police officer" shall mean a police officer as defined by\nsubdivision thirty-four of section 1.20 of the criminal procedure law.\n