senate Bill S492

Includes peace officers at community colleges operating under the program of the state university of New York within the definition of the term "qualified agencies"

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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

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Includes peace officers at community colleges operating under the program of the state university of New York within the definition of the term "qualified agencies".

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Bill Details

See Assembly Version of this Bill:
A1284
Versions:
S492
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง835, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4064A, A2979
2009-2010: S7387, A10787, A1220
2007-2008: A11122, A11122

Sponsor Memo

BILL NUMBER:S492

TITLE OF BILL:
An act
to amend the executive law, in relation to peace officers at community
colleges operating under the program of the state university of New York

PURPOSE OF THE BILL:
Section 6306 of the Education Law authorizes the
local Board of Trustees of each community college to appoint
security officers for the community college and to designate one or
more security officers as peace officers. Section 837 of the
Executive Law authorizes "qualified agencies" to access criminal
history record information (CHRI) maintained by the state of New York
Division of Criminal Justice Services (DCJS) Amending the definition
of "qualified agencies" set forth in subdivision 9 of section 835 of
the Executive Law to include peace officers of community colleges
operating under the program of the State University of New York will
authorize the peace officers to access CHRI through DCJS.

SUMMARY OF PROVISIONS:
Section 1 of this legislation amends the
Executive Law to include peace officers at the community colleges
operating under the program of the State University of New York
within the definition of a "qualified agency" found in subdivision 9
of Section 835, thereby authorizing such peace officers to access
CHRI through DCJS. Section 2 provides that this legislation shall
take effect immediately.

JUSTIFICATION:
Under section 6306 of the Education Law, a security
officer designated by the local Board of Trustees of the community
college as a peace officer must complete a course of law enforcement
training prescribed by the municipal police training council and may
possess and carry a firearm, if authorized to do so by the president
of the community college. Further, under this section of the law, the
peace officer's geographical area of employment not only encompasses
the campus itself, but also the public highway which crosses or abuts
the campus property and facilities owned, operated or maintained by
not-for-profit entities associated with the community college, for
which the community college provides security. The powers of peace
officers, enumerated in Section 2.20 of the Criminal Procedure Law,
encompass issuing appearance tickets, effecting searches, making
arrests and using physical force as well as deadly physical force.

Peace officers at the community colleges campuses discharge the
criminal justice function of prevention, detection, investigation and
apprehension with respect to the commission of offenses within their
geographical areas of employment for their campuses. Currently, the
inability of peace officers to conduct criminal history checks
severely hinders their ability to fulfill these functions,
Authorizing peace officers to access CHRI will enhance the case
processing capabilities of the peace officers of the community
college campuses

PRIOR LEGISLATIVE HISTORY:


S.4064 of 2011.

FISCAL IMPLICATIONS FOR STATE:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   492

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in  relation  to  peace  officers  at
  community colleges operating under the program of the state university
  of New York

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

  Section 1. Subdivision 9 of section 835 of the executive law, as sepa-
rately amended by chapters 14 and 155 of the laws of 2012, is amended to
read as follows:
  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
section  two  hundred thirty of the public health law, the child protec-
tive services unit of a local social services district  when  conducting
an  investigation  pursuant  to  subdivision six of 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, PEACE OFFICERS AT COMMUNITY COLLEGES OPERAT-
ING UNDER THE PROGRAM OF THE STATE UNIVERSITY OF NEW YORK, 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00434-01-3

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