Assembly Bill A4940B

2009-2010 Legislative Session

Expands the geographical area of employment of university police officers

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2010	reported referred to rules
Apr 22, 2010	print number 4940b
Apr 22, 2010	amend (t) and recommit to codes
Jan 06, 2010	referred to codes
Jun 08, 2009	print number 4940a
Jun 08, 2009	amend (t) and recommit to codes
Feb 10, 2009	referred to codes

Bill Amendments

2009-A4940 - Details

See Senate Version of this Bill:: S4302
Current Committee:: Assembly Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, rpld sub 34-a ¶(d), CP L; amd §355, Ed L
Versions Introduced in 2011-2012 Legislative Session:: A5372, S4316

2009-A4940 - Summary

Expands the geographical area of employment of university police officers.

2009-A4940 - Bill Text download pdf

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

                                  4940

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the criminal procedure law and the education law, in
  relation to expanding the geographical area of employment of universi-
  ty police officers; and to repeal paragraph (d) of subdivision 34-a of
  section 1.20 of the criminal procedure law relating thereto

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

  Section  1.  Paragraph  (a) of subdivision 34-a of section 1.20 of the
criminal procedure law, as amended by chapter 428 of the laws  of  1999,
is amended to read as follows:
  (a)  [Except  as  provided  in paragraph (d) of this subdivision,] New
York state constitutes the "geographical  area  of  employment"  of  any
police  officer  employed  as  such  by  an agency of the state or by an
authority which functions throughout the  state,  or  a  police  officer
designated by the superintendent of state police pursuant to section two
hundred twenty-three of the executive law;
  S 2. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
procedure law, as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
  (a)  [Except as provided in paragraph (d),] New York state constitutes
the "geographical area of employment" of any police officer employed  as
such  by  an  agency  of  the  state  or by an authority which functions
throughout the state;
  S 3. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal
procedure law is REPEALED.
  S 4. Paragraph l of subdivision 2 of section 355 of the education law,
as amended by chapter 424 of the laws of 1998, is  amended  to  read  as
follows:
  l.  To appoint university police officers who shall have the powers of
police  officers  and  to  remove  such  police  officers  at  pleasure;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08769-01-9

A. 4940                             2

provided,  however, that any person appointed a police officer must have
satisfactorily completed or complete within one year of the date of  his
appointment a course of law enforcement training approved by the munici-
pal  police  training  council in consultation with the university.  [It
shall be the duty of such police officers to preserve law and  order  on
the campuses and other property of the university, including any portion
of a public highway which crosses or abuts such property.]
  Subject  to  the  approval  of  the  chancellor, the president of each
state-operated campus of the state university shall enter into a written
agreement with adjoining law enforcement agencies establishing protocols
for the exercise of authority by such university police officer off-cam-
pus, including mutual aid and assistance. Such written  protocols  shall
not  be deemed to supersede the authority of other police officers.  The
provisions of this paragraph shall not apply to any of the state  insti-
tutions  and property referred to in section five thousand seven hundred
nine of this chapter.
  S 5.  This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 34-a of section 1.20 of the crimi-
nal procedure law made by section one of this act shall  be  subject  to
the  expiration and reversion of such paragraph pursuant to section 3 of
chapter 428 of the laws of 1999, as amended, when  upon  such  date  the
provisions of section two of this act shall take effect.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A4940A - Details

See Senate Version of this Bill:: S4302
Current Committee:: Assembly Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, rpld sub 34-a ¶(d), CP L; amd §355, Ed L
Versions Introduced in 2011-2012 Legislative Session:: A5372, S4316

2009-A4940A - Summary

Expands the geographical area of employment of university police officers.

2009-A4940A - Sponsor Memo

                                BILL NUMBER:A4940A

TITLE  OF  BILL:    An  act  to amend the criminal procedure law and the
education law, in relation to expanding the geographical area of employ-
ment of university police officers

PURPOSE:  To extend the jurisdiction, as it pertains to infractions  and
violations,  of  New  York  State  University Police Officers from State
University of New York property to an area  within  the  radius  of  one
hundred miles of any campus.

SUMMARY  OF PROVISIONS:   Section 1. Amends paragraph "d" of Subdivision
34-a of Section 1.20 of the Criminal Procedure Law to provide  that  the
geographical area of employment not only includes the campus but and the
area within the radius of one hundred miles of any such campus and other
property of the state university.

Section  2.  Amends  paragraph  1 of subdivision 2 of section 355 of the
education law to provide that it shall be the  duty  of  the  university
police  to  preserve law and order on the campuses and other property of
the university and the area within the radius of one  hundred  miles  of
any such campus and other property of the state university.

JUSTIFICATION:    University  Police  is the only Agency Law Enforcement
Services Unit, which includes the  University  Police,  New  York  state
Environmental Conservation Police, the New York State Forest Rangers and

the  New York State Park Police, that does not have the power to enforce
infractions and violations outside of their geographic area  of  employ-
ment. This anomaly creates a situation that significantly undermines the
officers'  credibility,  legitimacy  and ability to perform their duties
properly within the existing geographic area of employment.

In addition, the New York State University Police  are  requesting  this
legislation  to simply increase their geographic area of employment to a
radius of within one hundred miles of any such campus and other property
of the state university, as a measure to legitimize  and  augment  their
ability  to  lend  supplemental  support  to neighboring law enforcement
agencies. This legislation would also enable New York  State  University
Police  to provide immediate police action and protect life and property
in rare occasions where assistance is requested by citizens of surround-
ing areas.

Finally, many New York universities and colleges are growing.  The  need
for  additional  space  to  accommodate  this growth has resulted in the
acquisition of satellite  properties  not  geographically  connected  to
campus centers. Under current law, while traveling between these proper-
ties,  NYS  University  Police Officers are statutorily limited and must
ignore all violations and infractions occurring in their presence.

LEGISLATIVE HISTORY:  2007-2008: S.7977/A.11205

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE: Immediately.

2009-A4940A - Bill Text download pdf

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

                                 4940--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M. of A. LENTOL, SCHROEDER, COLTON, HOYT, KOLB -- Multi-
  Sponsored by -- M. of A. TOWNSEND -- read once  and  referred  to  the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the criminal procedure law and  the  education  law,  in
  relation to expanding the geographical area of employment of universi-
  ty police officers

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

  Section 1. Paragraph (d) of subdivision 34-a of section  1.20  of  the
criminal  procedure law, as added by chapter 424 of the laws of 1998, is
amended to read as follows:
  (d) The geographical area of employment of a police officer  appointed
by  the state university is the campuses and other property of the state
university, [including any portion of a public highway which crosses  or
abuts such property] AND THE AREA WITHIN THE RADIUS OF ONE HUNDRED MILES
OF ANY SUCH CAMPUS OR OTHER PROPERTY OF THE STATE UNIVERSITY.
  S 2. Paragraph 1 of subdivision 2 of section 355 of the education law,
as  amended  by  chapter  424 of the laws of 1998, is amended to read as
follows:
  1. To appoint university police officers who shall have the powers  of
police  officers  and  to  remove  such  police  officers  at  pleasure;
provided, however, that any person appointed a police officer must  have
satisfactorily  completed or complete within one year of the date of his
appointment a course of law enforcement training approved by the munici-
pal police training council in consultation with  the  university.    It
shall  be  the duty of such police officers to preserve law and order on
the campuses and  other  property  of  the  university,  [including  any
portion  of  a  public highway which crosses or abuts such property] AND
THE AREA WITHIN THE RADIUS OF ONE HUNDRED MILES OF ANY  SUCH  CAMPUS  OR
OTHER PROPERTY OF THE STATE UNIVERSITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08769-05-9

A. 4940--A                          2

  Subject  to  the  approval  of  the  chancellor, the president of each
state-operated campus of the state university shall enter into a written
agreement with adjoining law enforcement agencies establishing protocols
for the exercise of authority by such university police officer off-cam-
pus,  including  mutual aid and assistance. Such written protocols shall
not be deemed to supersede the authority of other police officers.   The
provisions  of this paragraph shall not apply to any of the state insti-
tutions and property referred to in section five thousand seven  hundred
nine of this chapter.
  S 3.  This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A4940B (ACTIVE) - Details

See Senate Version of this Bill:: S4302
Current Committee:: Assembly Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, rpld sub 34-a ¶(d), CP L; amd §355, Ed L
Versions Introduced in 2011-2012 Legislative Session:: A5372, S4316

2009-A4940B (ACTIVE) - Summary

Expands the geographical area of employment of university police officers.

2009-A4940B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A4940B

TITLE  OF  BILL:    An  act  to amend the criminal procedure law and the
education law, in relation to expanding the geographical area of employ-
ment of university police officers;  and  to  repeal  paragraph  (d)  of
subdivision  34-a of section 1.20 of the criminal procedure law relating
thereto

PURPOSE:  To extend the jurisdiction, as it pertains to infractions  and
violations,  of  New  York  State  University Police Officers from State
University of New York property to an area  within  the  radius  of  one
hundred miles of any campus.

SUMMARY  OF PROVISIONS:   Section 1. Amends paragraph "d" of Subdivision
34-a of Section 1.20 of the Criminal Procedure Law to provide  that  the
geographical area of employment not only includes the campus but and the
area within the radius of one hundred miles of any such campus and other
property of the state university.

Section  2.  Amends  paragraph  1 of subdivision 2 of section 355 of the
education law to provide that it shall be the  duty  of  the  university
police  to  preserve law and order on the campuses and other property of
the university and the area within the radius of one  hundred  miles  of
any such campus and other property of the state university.

Section 3. Effective date.

JUSTIFICATION:    University  Police  is the only Agency Law Enforcement
Services Unit, which includes the  University  Police,  New  York  state
Environmental Conservation Police, the New York State Forest ?angers and
the  New York State Park Police, that does not have the power to enforce
infractions and violations outside of their geographic area  of  employ-
ment. This anomaly creates a situation that significantly undermines the
officers'  credibility,  legitimacy  and ability to perform their duties
properly within the existing geographic area of employment.

In addition, the New York State University Police  are  requesting  this
legislation  to simply increase their geographic area of employment to a
radius of within one hundred miles of any such campus and other property
of the state university, as a measure to legitimize  and  augment  their
ability  to  lend  supplemental  support  to neighboring law enforcement
agencies. This legislation would also enable New York  State  University
Police  to provide immediate police action and protect life and property
in rare occasions where assistance is requested by citizens of surround-
ing areas.

Finally, many New York universities and colleges are growing.  The  need
for  additional  space  to  accommodate  this growth has resulted in the
acquisition of satellite  properties  not  geographically  connected  to
campus centers. Under current law, while traveling between these proper-
ties,  NYS  University  Police Officers are statutorily limited and must
ignore all violations and infractions occurring in their presence.

LEGISLATIVE HISTORY:  2007-2008: S.7977/A.11205

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE: Immediately.

2009-A4940B (ACTIVE) - Bill Text download pdf

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

                                 4940--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by M. of A. LENTOL, SCHROEDER, COLTON, HOYT, KOLB, STIRPE --
  Multi-Sponsored by -- M. of A. CONTE, RUSSELL,  SWEENEY,  TOWNSEND  --
  read  once  and  referred  to  the  Committee  on  Codes  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Codes in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the criminal procedure law and the education law, in
  relation to expanding the geographical area of employment of universi-
  ty police officers; and to repeal paragraph (d) of subdivision 34-a of
  section 1.20 of the criminal procedure law relating thereto

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

  Section  1.  Paragraph  (a) of subdivision 34-a of section 1.20 of the
criminal procedure law, as amended by chapter 428 of the laws  of  1999,
is amended to read as follows:
  (a)  [Except  as  provided  in paragraph (d) of this subdivision,] New
York state constitutes the "geographical  area  of  employment"  of  any
police  officer  employed  as  such  by  an agency of the state or by an
authority which functions throughout the  state,  or  a  police  officer
designated by the superintendent of state police pursuant to section two
hundred twenty-three of the executive law;
  S 2. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
procedure law, as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
  (a)  [Except as provided in paragraph (d),] New York state constitutes
the "geographical area of employment" of any police officer employed  as
such  by  an  agency  of  the  state  or by an authority which functions
throughout the state;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08769-06-0

A. 4940--B                          2

  S 3. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal
procedure law is REPEALED.
  S 4. Paragraph l of subdivision 2 of section 355 of the education law,
as  amended  by  chapter  424 of the laws of 1998, is amended to read as
follows:
  l. To appoint university police officers who shall have the powers  of
police  officers  and  to  remove  such  police  officers  at  pleasure;
provided, however, that any person appointed a police officer must  have
satisfactorily  completed or complete within one year of the date of his
appointment a course of law enforcement training approved by the munici-
pal police training council in consultation with the  university.    [It
shall  be  the duty of such police officers to preserve law and order on
the campuses and other property of the university, including any portion
of a public highway which crosses or abuts such property.]
  Subject to the approval of  the  chancellor,  the  president  of  each
state-operated campus of the state university shall enter into a written
agreement with adjoining law enforcement agencies establishing protocols
for the exercise of authority by such university police officer off-cam-
pus,  including  mutual aid and assistance. Such written protocols shall
not be deemed to supersede the authority of other police officers.   The
provisions  of this paragraph shall not apply to any of the state insti-
tutions and property referred to in section five thousand seven  hundred
nine of this chapter.
  S 5.  This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 34-a of section 1.20 of the crimi-
nal  procedure  law  made by section one of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 3  of
chapter  428  of  the  laws of 1999, as amended, when upon such date the
provisions of section two of this act shall take effect.

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Assembly Bill A4940B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A4940 - Details

2009-A4940 - Summary

2009-A4940 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A4940A - Details

2009-A4940A - Summary

2009-A4940A - Sponsor Memo

2009-A4940A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A4940B (ACTIVE) - Details

2009-A4940B (ACTIVE) - Summary

2009-A4940B (ACTIVE) - Sponsor Memo

2009-A4940B (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A4940B

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Sponsored By

LENTOL

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A4940 - Details

2009-A4940 - Summary

2009-A4940 - Bill Text download pdf

co-Sponsors

Mark J.F. Schroeder

William Colton

Sam Hoyt

Brian Kolb

multi-Sponsors

James Conte

Addie Jenne

Robert Sweeney

David Townsend

2009-A4940A - Details

2009-A4940A - Summary

2009-A4940A - Sponsor Memo

2009-A4940A - Bill Text download pdf

co-Sponsors

Mark J.F. Schroeder

William Colton

Sam Hoyt

Brian Kolb

multi-Sponsors

James Conte

Donna Lupardo

Addie Jenne

Robert Sweeney

2009-A4940B (ACTIVE) - Details

2009-A4940B (ACTIVE) - Summary

2009-A4940B (ACTIVE) - Sponsor Memo

2009-A4940B (ACTIVE) - Bill Text download pdf

Comments