S T A T E O F N E W Y O R K
________________________________________________________________________
10547
I N A S S E M B L Y
June 5, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Benedetto)
-- read once and referred to the Committee on Codes
AN ACT in relation to authorizing the Co-op City public safety depart-
ment in Bronx county to appoint special policemen with certain speci-
fied powers, and to amend the criminal procedure law, in relation to
granting peace officer status to special policemen so appointed
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that the popu-
lation and land area under the supervision and jurisdiction of the
limited profit housing company known as "Co-op City" in Bronx county are
the largest of any single housing project or complex in the state and
are akin to the population and land area associated in popular under-
standing with a city. The legislature further finds that, unfortunately,
the larger the population and land area of a community, the more inci-
dents of crime are likely to occur and the greater the need for stepped-
up law enforcement activity, and this is no less true of Co-op City. The
legislature further finds that the patrolmen of the housing company's
Co-op City public safety department perform what are essentially munici-
pal police functions at little or no cost to the taxpayers of this state
because the salaries and law enforcement activities of the housing
company's Co-op City public safety department, which activities supple-
ment and often take the place of those of the police department of the
city of New York, are paid for out of the monthly housing maintenance
payments of the residents of Co-op City, rather than from municipal
coffers. It is clear that without the Co-op City public safety depart-
ment's patrolmen the city of New York and the taxpayers of the city and
state would necessarily have to shoulder the sole burden of law enforce-
ment for Co-op City.
Accordingly, the legislature finds and declares that the unique situ-
ation and special conditions present with respect to the area and commu-
nity known as "Co-op City" in Bronx county are matters of state concern
and warrant granting the patrolmen of the Co-op City public safety
department powers analogous to those granted by law to the security
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15444-01-2
A. 10547 2
officers of the state university of New York contained in paragraph 1 of
subdivision 2 of section 355 of the education law, as specified herein-
below in this act. The legislature declares the necessity for the enact-
ment of this act in furtherance of its police powers to protect the
public safety of the residents of this state.
S 2. The public safety department of a limited profit housing company
known as "Co-op City", a company owning, leasing or controlling real
property in a large area of Bronx county, and its successors and
assigns, may appoint and at pleasure remove, one or more special police-
men. Every special policeman so appointed shall, within 15 days there-
after, before entering on the duties of his office, take and subscribe
the oath of office prescribed in the thirteenth article of the constitu-
tion of the state of New York and file the same in the office of the
county clerk of the county of Bronx. The compensation of such special
policemen shall be paid by such public safety department by which they
are appointed.
S 3. Subject to the provisions of the criminal procedure law, such
special policemen shall be peace officers for the limited profit housing
company known as "Co-op City" in Bronx county, or for its successors and
assigns. In addition thereto such special policemen shall have the power
and duty to preserve law and order on the grounds and other property of
the company at which the special policeman is appointed to serve,
including any public highway which crosses or adjoins such property.
Persons so appointed shall, in the course of and in the actual perform-
ance of their official duties have the power to execute arrest warrants
pursuant to article 120 of the criminal procedure law and search
warrants pursuant to article 690 of the criminal procedure law. In
addition, such peace officers shall, in the course of and in the actual
performance of their official duties have the power to follow a person
in continuous close pursuit outside the grounds or other property of the
company when the special policeman has reasonable cause to believe such
person has committed an offense on the grounds or other property of the
company including any public highway which crosses or adjoins such prop-
erty, and may arrest such person for such offense where the person is
apprehended, and shall have the power to issue and serve an appearance
ticket, as defined in section 150.10 of the criminal procedure law, for
an offense other than a felony in lieu of an arrest, and a simplified
traffic information and appearance ticket in the form prescribed by the
commissioner of motor vehicles pursuant to section 207 of the vehicle
and traffic law, upon a person when he has reasonable cause to believe
that such person has committed a traffic offense in his presence on the
sites owned, operated and maintained by the limited profit housing
company known as "Co-op City", and where applicable, such simplified
traffic informations shall be administered pursuant to the provisions of
article 2-A of the vehicle and traffic law.
The appointment of such peace officers shall not be deemed to super-
sede in any way the authority of other peace officers or police offi-
cers.
Such peace officers shall have the power to prevent disturbances and
breaches of the peace in and about the parks, playgrounds, buildings and
grounds so owned, leased or controlled, and the approaches thereto, and
shall protect and preserve the same from injury, and shall enforce the
established rules and regulations of the company. They shall have the
power to arrest, or issue appearance tickets as authorized by article
150 of the criminal procedure law or any other law, administrative code
or local law to, any person committing: (i) any crime or offense,
A. 10547 3
including but not limited to any wilful trespass in said area or on such
grounds or property or in or upon such buildings or on the streets,
avenues, and roads in said area or on such grounds, or (ii) any
violation of the provisions of, or traffic infraction defined by, the
vehicle and traffic law, or (iii) any violation of the traffic or park-
ing regulations of the city of New York, and shall either issue an
appearance ticket as authorized by article 150 of the criminal procedure
law or any other law, administrative code or local law to, or convey
such person so arrested with a statement of the cause of such arrest
before a local criminal court having jurisdiction of the offense.
Each such special policeman shall, when on duty, wear in plain view a
metallic shield with the words "special policeman", his rank, if any,
and the name of the public safety department of the limited profit hous-
ing company which appointed him inscribed thereon.
S 4. Any wilful trespass in said area or upon any grounds therein or
the buildings and approaches thereto; and any wilful injury to any of
the said buildings, grounds, area, or to any trees, shrubbery, fences,
fixtures or other property thereon or pertaining thereto, and any wilful
disturbance of the peace thereon shall constitute a misdemeanor.
S 5. The provisions of the vehicle and traffic law and the traffic
regulations and parking regulations of the city of New York shall apply
and extend to the use, operation and maintenance of motor vehicles on
the streets, avenues, and roads of the said Co-op City area or on such
grounds, and shall apply with the same force and effect to the streets,
avenues, and roads of the said area as they apply to the streets,
avenues and roads of the city of New York. A violation thereof shall be
classifiable and punishable as provided in such law or regulations.
S 6. a. Appearance tickets issued by Co-op City special policemen
shall be returnable before a court, administrative tribunal or adjudica-
tory body having jurisdiction over the crime, offense, traffic infrac-
tion or parking violation charged, in the same manner and with the same
effect, and with the same discretion where there is concurrent jurisdic-
tion over what is charged respecting to which of the three above-listed
alternatives the appearance ticket shall be made returnable, as appear-
ance tickets issued by city police or by enforcement officers of any
city agency.
b. Where an appearance ticket has been served by a Co-op City special
policeman appointed as provided in this act in lieu of arrest in cases
authorized by article 150 of the criminal procedure law, the officer of
the police department of the city of New York assigned to desk duty in
the precinct in which the service of such appearance ticket is made, is
hereby authorized and directed to administer to such Co-op City special
policeman all necessary oaths in connection with the execution of the
complaint to be presented in the local criminal court by such Co-op City
special policeman in the prosecution of such offense.
S 7. Section 2.10 of the criminal procedure law is amended by adding a
new subdivision 83 to read as follows:
83. PERSONS APPOINTED AS SPECIAL POLICEMEN FOR "CO-OP CITY" IN BRONX
COUNTY BY THE PUBLIC SAFETY DEPARTMENT OF A LIMITED PROFIT HOUSING
COMPANY OF THE SAME NAME PURSUANT TO THE PROVISIONS OF A CHAPTER OF THE
LAWS OF TWO THOUSAND TWELVE WHICH ADDED THIS SUBDIVISION, PROVIDED,
HOWEVER, THAT ANY PERSON SO APPOINTED MUST HAVE SATISFACTORILY COMPLETED
OR COMPLETE WITHIN ONE YEAR OF THE DATE OF HIS APPOINTMENT A COURSE OF
LAW ENFORCEMENT TRAINING APPROVED BY THE MUNICIPAL POLICE TRAINING COUN-
CIL IN CONSULTATION WITH THE COMPANY AND SHALL BE SUBJECT TO ANY FURTHER
A. 10547 4
REQUIREMENTS AS ARE SPECIFIED IN SUCH CHAPTER OF THE LAWS OF TWO THOU-
SAND TWELVE, AS SUCH CHAPTER MAY, FROM TIME TO TIME, BE AMENDED.
S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.