S T A T E   O F   N E W   Y O R K
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                                 6245--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2013
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09933-02-3

              

A. 6245--A                          2

  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
officers of the state university of New York contained in paragraph l 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

A. 6245--A                          3

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,
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
two new subdivisions 84 and 85 to read as follows:
  84. 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 THIRTEEN WHICH ADDED THIS SUBDIVISION, PROVIDED,

A. 6245--A                          4

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
REQUIREMENTS  AS  ARE SPECIFIED IN SUCH CHAPTER OF THE LAWS OF TWO THOU-
SAND THIRTEEN, AS SUCH CHAPTER MAY, FROM TIME TO TIME, BE AMENDED.
  85.   (A) PERSONS SERVING AS PUBLIC  SAFETY  OFFICERS  FOR  A  LIMITED
PROFIT  HOUSING COMPLEX KNOWN AS "CO-OP CITY" IN BRONX COUNTY TO PREVENT
CRIME AND ENFORCE THE LAW WHILE ACTING IN CONNECTION WITH THEIR SPECIAL-
IZED DUTIES OF EMPLOYMENT; PROVIDED HOWEVER, THAT NOTHING IN THIS SUBDI-
VISION SHALL BE DEEMED TO AUTHORIZE ANY SUCH OFFICER TO CARRY,  POSSESS,
REPAIR  OR  DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR
HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
  (B) PRIOR TO PERFORMING THE DUTIES PERMITTED UNDER  PARAGRAPH  (A)  OF
THIS SUBDIVISION, A PERSON MUST HAVE SUCCESSFULLY COMPLETED THE TRAINING
REQUIREMENT SET FORTH IN SECTION 2.30 OF THIS ARTICLE AND ANY ADDITIONAL
PEACE OFFICER TRAINING REQUIRED BY THE MUNICIPAL POLICE TRAINING COUNCIL
IN  ACCORDANCE  WITH  SECTION EIGHT HUNDRED THIRTY-NINE OF THE EXECUTIVE
LAW.
  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.