senate Bill S6249A

Amended

Designates security services officers of the University of Rochester as peace officers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 16 / Apr / 2012
    • AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
  • 16 / Apr / 2012
    • PRINT NUMBER 6249A
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1090
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2012
    • AMENDED ON THIRD READING 6249B
  • 21 / Jun / 2012
    • SUBSTITUTED BY A9666A

Summary

Designates security services officers of the University of Rochester as peace officers.

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Bill Details

Versions:
S6249
S6249A
S6249B
Legislative Cycle:
2011-2012
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.10, CP L
Versions Introduced in 2011-2012 Legislative Cycle:
A9666, A9666A

Sponsor Memo

BILL NUMBER:S6249A

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to granting peace
officer status to certain security services officers
employed by the University of Rochester

PURPOSE OF THE BILL:
To grant certain University of Rochester security
services officers with peace officer powers subject to certain
conditions.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 of the bill would amend the
Criminal Procedure Law to authorize the Board of Trustees of the
University of Rochester to designate as peace officers those security
services officers who shall satisfy the peace officer training
requirements and a course of instruction in public and private law
enforcement.
Designated peace officers would be required to abide by requirements
mutually agreed upon between the chief law enforcement officer of the
applicable local law enforcement jurisdiction. The bill would provide
that the peace officers would be limited to use such powers on
property owned, controlled or administered by the University of
Rochester and on a highway which crosses or adjoins such University
property when requested by the applicable chief law enforcement
officer, or beyond University property when in close pursuit after
witnessing an offense or crime or when transporting a person in
custody following an arrest. The bill would provide the applicable
municipalities with legal defense and indemnification and hold them
harmless for claims arising from the conduct of such peace officers
when carrying out their peace officer functions.

EXISTING LAW:
Criminal Procedure Law 2.10 authorizes an enumerated list
of government and non-government entities which may designate peace
officers.

JUSTIFICATION:
This bill would help improve public safety for the
thousands of students, faculty, staff and visitors to the many
educational institutions on the University of Rochester campus,
including the University of Rochester Medical Center, Security
officers designated as peace officers would be granted additional
arrest and investigative powers, and newly enhanced connections with
local law enforcement. Such peace officers would be subject to
requirements mutually agreed upon between the University and the
appropriate local law enforcement jurisdiction and would have to
complete the current minimum of 332 hours of additional training and
a course in public and private law enforcement.

College security officers have previously been granted peace officer
status at all community colleges, the City University of New York,
Cornell University, Ithaca college and Syracuse University.

BUDGET IMPLICATIONS:
None.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect immediately after it shall
have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6249--A

                            I N  S E N A T E

                            January 17, 2012
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the criminal procedure  law,  in  relation  to  granting
  peace officer status to certain security services officers employed by
  the University of Rochester

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2.10 of the criminal procedure law  is  amended  by
adding a new subdivision 83 to read as follows:
  83.  (A)  SECURITY  SERVICES  OFFICERS  EMPLOYED  BY THE UNIVERSITY OF
ROCHESTER WHO ARE DESIGNATED AS PEACE OFFICERS BY THE BOARD OF  TRUSTEES
OF  THE UNIVERSITY OF ROCHESTER PURSUANT TO PARAGRAPHS (B), (C), (D) AND
(E) OF THIS SUBDIVISION; PROVIDED, HOWEVER, THAT NOTHING IN THIS  SUBDI-
VISION  SHALL BE DEEMED TO AUTHORIZE ANY SUCH OFFICER TO CARRY, POSSESS,
REPAIR OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE  LICENSE  THEREFOR
HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
  (B)  FOR  THE PROTECTION OF THE GROUNDS, BUILDINGS AND PROPERTY OF THE
UNIVERSITY OF ROCHESTER, THE PREVENTION OF CRIME AND THE ENFORCEMENT  OF
LAW  AND ORDER, AND THE ENFORCEMENT OF SUCH RULES AND REGULATIONS AS THE
UNIVERSITY OF ROCHESTER SHALL FROM TIME TO TIME ESTABLISH, THE BOARD  OF
TRUSTEES  OF  THE  UNIVERSITY  OF  ROCHESTER MAY APPOINT AND REMOVE SUCH
NUMBER OF SECURITY SERVICES OFFICERS DESIGNATED AS PEACE OFFICERS AS  IS
DETERMINED  BY THE BOARD OF TRUSTEES TO BE NECESSARY FOR THE MAINTENANCE
OF PUBLIC ORDER CONSISTENT WITH THIS SUBDIVISION.  SUCH  PEACE  OFFICERS
SHALL  COMPLY  WITH  SUCH  REQUIREMENTS AS SHALL BE MUTUALLY AGREED UPON
BETWEEN THE CHIEF LAW ENFORCEMENT OFFICERS OF THE APPLICABLE  LOCAL  LAW
ENFORCEMENT  JURISDICTIONS AND THE UNIVERSITY OF ROCHESTER. SUCH UNIVER-
SITY OF ROCHESTER PEACE OFFICERS SO APPOINTED SHALL BE EMPLOYEES OF  THE
UNIVERSITY OF ROCHESTER AND SUBJECT TO ITS SUPERVISION AND CONTROL. SUCH
UNIVERSITY  OF  ROCHESTER  PEACE OFFICERS SHALL HAVE THE POWERS OF PEACE
OFFICERS WITHIN THE GEOGRAPHIC AREA OF  EMPLOYMENT  OF  THE  GROUNDS  OR
PREMISES  OWNED, CONTROLLED OR ADMINISTERED BY THE UNIVERSITY OF ROCHES-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14015-02-2

S. 6249--A                          2

TER WITHIN THE COUNTY OF MONROE; PROVIDED, HOWEVER, SUCH PEACE  OFFICERS
SHALL  HAVE  THE POWERS OF PEACE OFFICERS BEYOND SUCH GEOGRAPHIC AREA IN
THOSE SITUATIONS WHEN REQUESTED BY THE CHIEF LAW ENFORCEMENT OFFICER  OF
THE  LOCAL  LAW ENFORCEMENT JURISDICTION OR HIS OR HER DESIGNEE, INCLUD-
ING, BUT NOT LIMITED TO, BY MEANS OF WRITTEN PROTOCOLS AGREED TO BY  THE
CHIEF  LAW ENFORCEMENT OFFICER OF THE LOCAL LAW ENFORCEMENT JURISDICTION
AND THE UNIVERSITY OF ROCHESTER, TO PROVIDE  ASSISTANCE  ON  ANY  PUBLIC
HIGHWAY WHICH CROSSES OR ADJOINS SUCH GROUNDS OR PREMISES. NOTWITHSTAND-
ING  THE PRECEDING SENTENCE, SUCH UNIVERSITY OF ROCHESTER PEACE OFFICERS
SHALL ALSO HAVE THE POWERS OF PEACE  OFFICERS  BEYOND  THEIR  GEOGRAPHIC
AREA  OF  EMPLOYMENT WHEN FOLLOWING A PERSON IN CONTINUOUS CLOSE PURSUIT
AFTER WITNESSING THE COMMISSION OF AN OFFENSE OR CRIME, OR  WHEN  TRANS-
PORTING A PERSON IN THEIR CUSTODY FOLLOWING A LAWFUL ARREST.
  (C)  THE UNIVERSITY OF ROCHESTER SHALL PROVIDE LEGAL DEFENSE AND IDEN-
TIFICATION TO THE APPLICABLE MUNICIPALITY AND ITS OFFICERS  AND  EMPLOY-
EES,  AND  HOLD THEM HARMLESS, AGAINST ALL CLAIMS ARISING OUT OF CONDUCT
BY OR INJURY TO  SUCH  PEACE  OFFICERS  WHILE  CARRYING  OUT  THEIR  LAW
ENFORCEMENT  FUNCTIONS,  EXCEPT IN THOSE SITUATIONS WHEN THEY ARE ACTING
UNDER THE DIRECT SUPERVISION AND CONTROL OF THE  CHIEF  LAW  ENFORCEMENT
OFFICER  OF  THE APPLICABLE LOCAL LAW ENFORCEMENT JURISDICTION OR HIS OR
HER DESIGNEE.
  (D) EVERY UNIVERSITY OF ROCHESTER PEACE OFFICER  SO  APPOINTED  SHALL,
BEFORE ENTERING UPON THE DUTIES OF HIS OR HER OFFICE, TAKE AND SUBSCRIBE
THE OATH OF OFFICE PRESCRIBED BY ARTICLE THIRTEEN OF THE STATE CONSTITU-
TION, WHICH OATH SHALL BE FILED IN THE OFFICE OF THE COUNTY CLERK OF THE
COUNTY OF MONROE.
  (E)  TO  BECOME  ELIGIBLE FOR DESIGNATION AS A UNIVERSITY OF ROCHESTER
PEACE OFFICER, A CANDIDATE SHALL, IN ADDITION TO THE  TRAINING  REQUIRE-
MENTS  AS SET FORTH IN SECTION 2.30 OF THIS ARTICLE, COMPLETE THE COURSE
OF INSTRUCTION IN PUBLIC AND PRIVATE LAW ENFORCEMENT ESTABLISHED  PURSU-
ANT  TO  SUBDIVISION  THREE OF SECTION SIXTY-FOUR HUNDRED THIRTY-FIVE OF
THE EDUCATION LAW.
  S 2. This act shall take effect immediately.

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