S T A T E   O F   N E W   Y O R K
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                                  1871

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M.  of  A.  WRIGHT,  AUBRY,  ESPAILLAT, GREENE, PERRY --
  Multi-Sponsored by -- M. of  A.  DESTITO,  DINOWITZ,  GALEF,  PHEFFER,
  TOWNS -- read once and referred to the Committee on Higher Education

AN  ACT to amend the education law, in relation to reporting of bias-re-
  lated incidents on state university campuses

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

  Section  1.  Paragraph l of subdivision 2 of section 355 of the educa-
tion 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.  IT SHALL BE
THE DUTY OF SUCH  PEACE  OFFICERS  TO  IMMEDIATELY  NOTIFY  COLLEGE  AND
UNIVERSITY PERSONNEL THAT A BIAS-RELATED OFFENSE MAY HAVE BEEN COMMITTED
UPON ANY STUDENT OR ON ANY PERSON ON THE CAMPUS OR OTHER COLLEGE PROPER-
TY.  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.  FOR THE PURPOSES OF THIS  SECTION,  "BIAS-RELATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00290-01-9
              

A. 1871                             2

OFFENSE"  SHALL  MEAN  ANY  CRIMINAL  ACT  WHETHER ACTUAL, THREATENED OR
ATTEMPTED DIRECTED AT AN INDIVIDUAL BECAUSE OF HIS ACTUAL  OR  PERCEIVED
RACE,  CREED,  COLOR,  RELIGION, RELIGIOUS PRACTICE, ETHNICITY, NATIONAL
ORIGIN, DISABILITY, AGE, GENDER OR SEXUAL ORIENTATION.
  S 2. This act shall take effect immediately.