Senate Bill S4064A

2011-2012 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 Senate Committee Finance 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2012	print number 4064a
Jan 26, 2012	amend and recommit to finance
Jan 04, 2012	referred to finance
Mar 16, 2011	referred to finance

Bill Amendments

Original

A (Active)

2011-S4064 - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §835, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7387
2013-2014: S492
2015-2016: S3192

2011-S4064 - 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".

2011-S4064 - Sponsor Memo

                                BILL NUMBER:S4064

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 (CRRI) 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 CRRI through DCJS.

SUMMARY OF PROVISIONS:
Section 1 of this legislation amends the
Executive Law to include peace officers at the community colleges
operating under the program of the State University of New York
within the definition of a "qualified agency" found in subdivision 9
of Section 835, thereby authorizing such peace officers to access

CRRI through DCJS.
Section 2 provides that this legislation shall
take effect immediately.

JUSTIFICATION:
Under section 6306 of the Education Law, a security
officer 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 community 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 tickets, 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
apprehension with respect to the commission of offenses within their
geographical 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 CRRI will enhance the case
processing capabilities of the peace officers of the community
college campuses.


PRIOR LEGISLATIVE HISTORY:
A.10787/S.7387 of 2010.

FISCAL IMPLICATIONS FOR STATE:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4064 - Bill Text download pdf

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

                                  4064

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 16, 2011
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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  section  39 of part A of chapter 56 of the laws of 2010, 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 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 twenty-four of the social services law, the office of Medi-
caid 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 criminal 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.
                                                           LBD00559-01-1

2011-S4064A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §835, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7387
2013-2014: S492
2015-2016: S3192

2011-S4064A (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".

2011-S4064A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4064A

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
Executive Law to include peace officers at the community colleges
operating under the program of the State University of New York
within the definition 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
officer 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 community 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 tickets, 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
apprehension with respect to the commission of offenses within their
geographical 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:
A.2979/S.4064 of 2011.

FISCAL IMPLICATIONS FOR STATE:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4064A (ACTIVE) - Bill Text download pdf

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

                                 4064--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 16, 2011
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 section 102 of subpart B of part C of chapter 62 of the  laws
of 2011 and as further amended by section 104 of part A of chapter 62 of
the laws of 2011, 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
corrections and community supervision, the department of  correction  of
any municipality, the insurance frauds bureau of the state department of
financial  services,  the  office of professional medical conduct of the
state department of health for the purposes of section two hundred thir-
ty 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 twenty-four of the social
services law, the office of Medicaid inspector  general,  the  temporary
state commission of investigation, the criminal investigations bureau of
the  department  of  financial  services,  police forces and departments
having responsibility for enforcement of the general  criminal  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.
                                                           LBD00559-02-1

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Senate Bill S4064A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

2011-S4064 - Details

2011-S4064 - Summary

2011-S4064 - Sponsor Memo

2011-S4064 - Bill Text download pdf

2011-S4064A (ACTIVE) - Details

2011-S4064A (ACTIVE) - Summary

2011-S4064A (ACTIVE) - Sponsor Memo

2011-S4064A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

2011-S4064 - Details

2011-S4064 - Summary

2011-S4064 - Sponsor Memo

2011-S4064 - Bill Text download pdf

2011-S4064A (ACTIVE) - Details

2011-S4064A (ACTIVE) - Summary

2011-S4064A (ACTIVE) - Sponsor Memo

2011-S4064A (ACTIVE) - Bill Text download pdf

Comments