Assembly Bill A10307

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

                                  10307

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the criminal procedure law, in relation to the jurisdic-
  tion of University of Rochester peace officers

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

  Section  1.  Subdivision  83 of section 2.10 of the criminal procedure
law, as added by chapter 504 of the laws of 2012, is renumbered subdivi-
sion 84 and amended to read as follows:
  84. (a) [Security services] PUBLIC SAFETY  officers  employed  by  the
University  of  Rochester  who  are  designated as peace officers by the
board of trustees of the University of Rochester pursuant to  paragraphs
(b), (c), AND (d) [and (e)] of this subdivision; provided, however, that
nothing  in this subdivision shall be deemed to authorize any such offi-
cer to carry, possess, repair or dispose of a firearm unless the  appro-
priate  license  therefor  has been issued pursuant to section 400.00 of
the penal law.
  (b) For the protection of the grounds, buildings and property  of  the
University  of Rochester, the prevention of crime and the enforcement of
law and order, the board of trustees of the University of Rochester  may
appoint  and  remove  such  number  of [security services] PUBLIC SAFETY
officers designated as peace officers as is determined by the  board  of
trustees  to be necessary for the maintenance of public order consistent
with this subdivision.  Such  peace  officers  shall  comply  with  such
requirements  as  shall  be  mutually  agreed upon between the chief law
enforcement officers of the applicable local law  enforcement  jurisdic-
tions  and  the  University  of  Rochester. Such University of Rochester
peace officers so appointed shall be  employees  of  the  University  of
Rochester and subject to its supervision and control. Such University of
Rochester  peace officers shall have the powers of peace officers within
the geographic area of employment of  the  grounds  or  premises  owned,
controlled  or  administered  by  the University of Rochester within the
county of Monroe [except as provided in paragraph (c) of  this  subdivi-
sion;  provided,  however,  such peace officers shall have the powers of

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

                                                           LBD15530-01-6

A. 10307                            2

peace officers], WITHIN ONE HUNDRED YARDS OF SUCH GROUNDS  OR  PREMISES,
INCLUDING  ANY  PUBLIC  STREET  AND SIDEWALK, AND beyond such geographic
area [upon the request of] AS MUTUALLY AGREED UPON BETWEEN the chief law
enforcement  officer of the local law enforcement jurisdiction or his or
her designee[, for the purpose of transporting  an  individual  who  has
been arrested in accordance with section 140.27 of this chapter and when
no  local  law  enforcement  officer  is available for transporting such
individual in a timely manner] AND THE UNIVERSITY OF  ROCHESTER  AND  IF
THE  UNIVERSITY DETERMINES EXERCISE OF ITS PEACE OFFICER POWERS IS FOR A
PURPOSE RELATED TO THE SAFETY OF THE UNIVERSITY, ITS  STUDENTS  AND  THE
UNIVERSITY COMMUNITY.
  (c)  [University  of Rochester peace officers who are assigned to work
at Strong Memorial Hospital shall only have the powers in  section  9.41
of  the  mental hygiene law and the powers listed in paragraphs (a), (c)
and (h) of subdivision one of section 2.20  of  this  article.  Provided
that in order to exercise the power set forth in paragraph (a) of subdi-
vision one of section 2.20 of this article, the officer has actual know-
ledge,  or probable cause to believe, that such individual has committed
an offense.
  (d)] The University of  Rochester  shall  provide  legal  defense  and
indemnification  to applicable municipality and its officers and employ-
ees, and hold them harmless, against all claims arising out  of  conduct
by  or  injury  to  such peace officers while carrying out their special
duties, except in those situations when they are acting as agents of the
chief law enforcement officer of the applicable  local  law  enforcement
jurisdiction or his or her designee.
  [(e)]  (D)  To  become  eligible  for  designation  as a University of
Rochester peace officer, a candidate shall, in addition to the  training
requirements  as set forth in section 2.30 of this article, complete the
course of instruction in public and private law enforcement  established
pursuant  to subdivision three of section sixty-four hundred thirty-five
of the education law.
  S 2. This act shall take effect immediately.