Assembly Bill A5433B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5433--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
   tee on Codes -- recommitted to the Committee on  Codes  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law, in relation to peace officer
   status of public safety officers of the Chautauqua Institution  within
   the grounds of and properties owned by the Chautauqua Institution
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2.10 of the criminal procedure law  is  amended  by
 adding a new subdivision 86 to read as follows:
   86.  (A)  PUBLIC SAFETY OFFICERS OF THE CHAUTAUQUA INSTITUTION WHO ARE
 DESIGNATED AS PEACE OFFICERS BY THE BOARD OF TRUSTEES OF THE  CHAUTAUQUA
 INSTITUTION  PURSUANT  TO  PARAGRAPHS (B), (C), AND (D) OF THIS SUBDIVI-
 SION; PROVIDED, HOWEVER, THAT  NOTHING  IN  THIS  SUBDIVISION  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)  FOR  THE PROTECTION OF THE GROUNDS, BUILDINGS AND PROPERTY OF THE
 CHAUTAUQUA INSTITUTION, THE PREVENTION OF CRIME AND THE  ENFORCEMENT  OF
 LAW  AND  ORDER, THE BOARD OF TRUSTEES OF THE CHAUTAUQUA INSTITUTION MAY
 APPOINT AND REMOVE SUCH NUMBER OF 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 CHAUTAUQUA INSTITUTION PEACE OFFICERS SO APPOINTED SHALL BE EMPLOY-
 EES OF THE CHAUTAUQUA INSTITUTION AND SUBJECT  TO  ITS  SUPERVISION  AND
 CONTROL.  SUCH  CHAUTAUQUA  INSTITUTION  PEACE  OFFICERS  SHALL HAVE THE
 POWERS OF PEACE OFFICERS WITHIN THE GEOGRAPHIC AREA OF EMPLOYMENT ON THE
 GROUNDS OR PREMISES OWNED, CONTROLLED OR ADMINISTERED BY THE  CHAUTAUQUA
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09287-11-0

 A. 5433--B                          2
 
 INSTITUTION  WITHIN  THE  COUNTY OF CHAUTAUQUA, ON ANY PUBLIC STREET AND
 SIDEWALK THAT ABUTS THE GROUNDS, BUILDINGS OR PROPERTY OF THE CHAUTAUQUA
 INSTITUTION, AND BEYOND SUCH GEOGRAPHIC AREA UPON  THE  REQUEST  OF  THE
 SHERIFF OF CHAUTAUQUA COUNTY, 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.
   (C) THE CHAUTAUQUA INSTITUTION SHALL PROVIDE LEGAL DEFENSE AND  INDEM-
 NIFICATION  TO APPLICABLE MUNICIPALITIES AND ITS OFFICERS AND EMPLOYEES,
 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  CHAU-
 TAUQUA COUNTY SHERIFF OR HIS OR HER DESIGNEE.
   (D)  TO  BECOME  ELIGIBLE  FOR DESIGNATION AS A CHAUTAUQUA INSTITUTION
 PEACE OFFICER, A CANDIDATE SHALL, AT A  MINIMUM,  SUCCESSFULLY  COMPLETE
 THE NEW YORK STATE BASIC COURSE FOR PEACE OFFICERS WITH FIREARMS AND ANY
 OTHER REQUIREMENTS AS SET FORTH IN SECTION 2.30 OF THIS ARTICLE.
   § 2. This act shall take effect immediately.