NY State Senate Bill 2009-S4302

Archive: Last Bill Status - On Floor Calendar

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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2010	advanced to third reading
Apr 28, 2010	2nd report cal.
Apr 27, 2010	1st report cal.434
Apr 12, 2010	amend by restoring to original print 4302
Jun 08, 2009	amend (t) and recommit to codes
Apr 21, 2009	referred to codes
Jan 06, 2010	referred to codes
Jun 08, 2009	print number 4302a

Votes

- Apr 27, 2010 - Codes Committee Vote
  S4302
  
  Aye
  
  14
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Apr 27, 2010
      
      aye (14)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
      
      aye wr (2)
      
      Golden
      
      Perkins

Bill Amendments

Original

co-Sponsors

View additional co-sponsors

2009-S4302 (ACTIVE) - Details

See Assembly Version of this Bill:: A4940
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:: S4316, A5372

2009-S4302 (ACTIVE) - Summary

Expands the geographical area of employment of university police officers.

2009-S4302 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4302               REVISED 06/21/10

TITLE OF BILL:
An act to amend the criminal procedure law and the education law, in
relation to expanding the geographical area of employment 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 and abutting roadways to all areas of
New York State.

SUMMARY OF PROVISIONS:
The legislation repeals paragraph "d" of Subdivision 34-a of Section
1.20 of the Criminal Procedure Law, which states, "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 public highway which crosses or abuts such
property."

This legislation would also repeal paragraph "1." Of Subdivision 8(9}
of Section 355 of the Education Law, which states, "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."

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
employment.

The New York State University Police are requesting this legislation
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 surrounding
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
properties, 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-S4302 (ACTIVE) - Bill Text download pdf

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

                                  4302

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed 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

S. 4302                             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

2009-S4302A - Details

See Assembly Version of this Bill:: A4940
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:: S4316, A5372

2009-S4302A - Summary

Expands the geographical area of employment of university police officers.

2009-S4302A - Sponsor Memo

                                 BILL NUMBER:  S4302A

 TITLE OF BILL :
An act to amend the criminal procedure law and the education law, in
relation to expanding the geographical area of employment 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.

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 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
employment. 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 surrounding 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
properties, 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-S4302A - Bill Text download pdf

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

                                 4302--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by Sens. VALESKY, BRESLIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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.
                                                           LBD08769-04-9

S. 4302--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.

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Senate Bill S4302

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Votes

Apr 27, 2010 - Codes Committee Vote

Codes Committee Vote: Apr 27, 2010

Bill Amendments

co-Sponsors

2009-S4302 (ACTIVE) - Details

2009-S4302 (ACTIVE) - Summary

2009-S4302 (ACTIVE) - Sponsor Memo

2009-S4302 (ACTIVE) - Bill Text download pdf

co-Sponsors

2009-S4302A - Details

2009-S4302A - Summary

2009-S4302A - Sponsor Memo

2009-S4302A - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Votes

Bill Amendments

co-Sponsors

2009-S4302 (ACTIVE) - Details

2009-S4302 (ACTIVE) - Summary

2009-S4302 (ACTIVE) - Sponsor Memo

2009-S4302 (ACTIVE) - Bill Text download pdf

co-Sponsors

2009-S4302A - Details

2009-S4302A - Summary

2009-S4302A - Sponsor Memo

2009-S4302A - Bill Text download pdf

Comments