NY State Assembly Bill 2009-A10787

Assembly Bill A10787

2009-2010 Legislative Session

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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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 21, 2010	referred to higher education

co-Sponsors

2009-A10787 (ACTIVE) - Details

See Senate Version of this Bill:: S7387
Current Committee:: Assembly Higher Education
Law Section:: Executive Law
Laws Affected:: Amd §835, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2979, S4064
2013-2014: A1284, S492
2015-2016: A1770, S3192

2009-A10787 (ACTIVE) - 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".

2009-A10787 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10787

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 Execu-
tive Law to include peace officers at the community colleges operating
under the program of the State University of New York within the defi-
nition 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 offi-

cer 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 communi-
ty 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 tick-
ets, 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 apprehen-
sion with respect to the commission of offenses within their geograph-
ical 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: New Bill.

FISCAL IMPLICATIONS FOR STATE: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A10787 (ACTIVE) - Bill Text download pdf

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

                                  10787

                          I N  A S S E M B L Y

                             April 21, 2010
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Higher Education

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
amended  by  chapter  602  of  the  laws  of 2008, 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
correctional  services,  the state division of probation, the department
of correction of any municipality, the insurance frauds  bureau  of  the
state  department  of  insurance,  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 protective
services unit of a local social services  district  when  conducting  an
investigation  pursuant to subdivision six of section four hundred twen-
ty-four of the social services law, the  office  of  Medicaid  inspector
general,  the  temporary state commission of investigation, the criminal
investigations bureau of  the  banking  department,  police  forces  and
departments  having responsibility for enforcement of the general crimi-
nal laws of the state, PEACE OFFICERS AT  COMMUNITY  COLLEGES  OPERATING
UNDER  THE  PROGRAM OF THE STATE UNIVERSITY OF NEW YORK and the Onondaga
County Center for Forensic Sciences Laboratory 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.
                                                           LBD03878-01-9

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Assembly Bill A10787

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Sponsored By

ZEBROWSKI