S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5038
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced by M. of A. GOODELL, FRIEND -- Multi-Sponsored by -- M. of A.
   BLANKENBUSH -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to peace officer
   status  of public safety officers of the Chautauqua Institution within
   the grounds of and properties owned by the Chautauqua Institution

   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 86 to read as follows:
   86. (A) PUBLIC SAFETY OFFICERS OF THE CHAUTAUQUA INSTITUTION  WHO  ARE
 DESIGNATED  AS PEACE OFFICERS BY THE BOARD OF TRUSTEES OF THE CHAUTAUQUA
 INSTITUTION PURSUANT TO PARAGRAPHS (B), (C), AND (D)  OF  THIS  SUBDIVI-
 SION;  PROVIDED,  HOWEVER,  THAT  NOTHING  IN  THIS SUBDIVISION 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
 CHAUTAUQUA  INSTITUTION,  THE PREVENTION OF CRIME AND THE ENFORCEMENT OF
 LAW AND ORDER, THE BOARD OF TRUSTEES OF THE CHAUTAUQUA  INSTITUTION  MAY
 APPOINT  AND  REMOVE SUCH NUMBER OF PUBLIC SAFETY 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 CHAUTAUQUA INSTITUTION PEACE OFFICERS SO APPOINTED SHALL BE EMPLOY-
 EES  OF  THE  CHAUTAUQUA  INSTITUTION AND SUBJECT TO ITS SUPERVISION AND
 CONTROL. SUCH CHAUTAUQUA  INSTITUTION  PEACE  OFFICERS  SHALL  HAVE  THE
 POWERS OF PEACE OFFICERS WITHIN THE GEOGRAPHIC AREA OF EMPLOYMENT ON THE
 GROUNDS  OR PREMISES OWNED, CONTROLLED OR ADMINISTERED BY THE CHAUTAUQUA
 INSTITUTION WITHIN THE COUNTY OF CHAUTAUQUA, ON ANY  PUBLIC  STREET  AND
 SIDEWALK THAT ABUTS THE GROUNDS, BUILDINGS OR PROPERTY OF THE CHAUTAUQUA
 INSTITUTION,  AND  BEYOND  SUCH  GEOGRAPHIC AREA UPON THE REQUEST OF THE
 SHERIFF OF CHAUTAUQUA COUNTY, OR HIS OR HER DESIGNEE, FOR THE PURPOSE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04489-01-1

 A. 5038                             2
 
 TRANSPORTING AN INDIVIDUAL WHO HAS  BEEN  ARRESTED  IN  ACCORDANCE  WITH
 SECTION 140.27 OF THIS CHAPTER AND WHEN NO LOCAL LAW ENFORCEMENT OFFICER
 IS AVAILABLE FOR TRANSPORTING SUCH INDIVIDUAL IN A TIMELY MANNER.
   (C)  THE CHAUTAUQUA INSTITUTION SHALL PROVIDE LEGAL DEFENSE AND INDEM-
 NIFICATION TO APPLICABLE MUNICIPALITIES 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 CHAU-
 TAUQUA COUNTY SHERIFF OR HIS OR HER DESIGNEE.
   (D) TO BECOME ELIGIBLE FOR DESIGNATION  AS  A  CHAUTAUQUA  INSTITUTION
 PEACE  OFFICER,  A  CANDIDATE SHALL, AT A MINIMUM, SUCCESSFULLY COMPLETE
 THE NEW YORK STATE BASIC COURSE FOR PEACE OFFICERS WITH FIREARMS AND ANY
 OTHER REQUIREMENTS AS SET FORTH IN SECTION 2.30 OF THIS ARTICLE.
   § 2. This act shall take effect immediately.