senate Bill S6249B

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

See Assembly Version of this Bill:
A9666A
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:S6249B

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--B
    Cal. No. 1090

                            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 -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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, 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 NECES-
SARY FOR THE MAINTENANCE OF PUBLIC ORDER CONSISTENT WITH  THIS  SUBDIVI-
SION.  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  UNIVERSITY  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14015-07-2

S. 6249--B                          2

EMPLOYMENT  OF THE GROUNDS OR PREMISES OWNED, CONTROLLED OR ADMINISTERED
BY THE UNIVERSITY OF ROCHESTER WITHIN THE COUNTY  OF  MONROE  EXCEPT  AS
PROVIDED  IN  PARAGRAPH (C) OF THIS SUBDIVISION; PROVIDED, HOWEVER, SUCH
PEACE  OFFICERS  SHALL  HAVE  THE  POWERS  OF PEACE OFFICERS BEYOND SUCH
GEOGRAPHIC AREA UPON THE REQUEST OF THE CHIEF LAW ENFORCEMENT OFFICER OF
THE LOCAL LAW ENFORCEMENT JURISDICTION OR HIS OR HER DESIGNEE,  FOR  THE
PURPOSE  OF  TRANSPORTING AN INDIVIDUAL WHO HAS BEEN ARRESTED IN ACCORD-
ANCE WITH SECTION 140.27 OF THIS CHAPTER AND WHEN NO LOCAL LAW  ENFORCE-
MENT  OFFICER  IS AVAILABLE FOR TRANSPORTING SUCH INDIVIDUAL IN A TIMELY
MANNER.
  (C) UNIVERSITY OF ROCHESTER PEACE OFFICERS WHO ARE ASSIGNED TO WORK AT
STRONG MEMORIAL HOSPITAL SHALL ONLY HAVE THE POWERS IN SECTION  9.41  OF
THE  MENTAL HYGIENE LAW AND THE POWERS LISTED IN PARAGRAPHS (A), (C) AND
(H) OF SUBDIVISION ONE OF SECTION 2.20 OF THIS ARTICLE.   PROVIDED  THAT
IN ORDER TO EXERCISE THE POWER SET FORTH IN PARAGRAPH (A) OF SUBDIVISION
ONE  OF  SECTION 2.20 OF THIS ARTICLE, THE OFFICER HAS ACTUAL KNOWLEDGE,
OR PROBABLE CAUSE TO BELIEVE, THAT  SUCH  INDIVIDUAL  HAS  COMMITTED  AN
OFFENSE.
  (D) THE UNIVERSITY OF ROCHESTER SHALL PROVIDE LEGAL DEFENSE AND INDEM-
NIFICATION  TO  APPLICABLE  MUNICIPALITY AND ITS OFFICERS AND EMPLOYEES,
AND HOLD THEM HARMLESS, AGAINST ALL CLAIMS ARISING OUT OF CONDUCT BY  OR
INJURY  TO  SUCH PEACE OFFICERS WHILE CARRYING OUT THEIR SPECIAL DUTIES,
EXCEPT IN THOSE SITUATIONS WHEN THEY ARE ACTING AS AGENTS OF  THE  CHIEF
LAW  ENFORCEMENT  OFFICER OF THE APPLICABLE LOCAL LAW ENFORCEMENT JURIS-
DICTION OR HIS OR HER DESIGNEE.
  (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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