S T A T E O F N E W Y O R K
________________________________________________________________________
7645
I N S E N A T E
February 3, 2020
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to granting
peace officer status to certain public safety officers employed by
Rensselaer Polytechnic Institute
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 EMPLOYED BY RENSSELAER POLYTECHNIC
INSTITUTE WHO ARE DESIGNATED AS PEACE OFFICERS BY THE PRESIDENT OF RENS-
SELAER POLYTECHNIC INSTITUTE, WITH CONCURRENCE OF THE BOARD OF TRUSTEES
FOR RENSSELAER POLYTECHNIC INSTITUTE, PURSUANT TO PARAGRAPHS (B), (C),
AND (D) OF THIS SUBDIVISION; 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
RENSSELAER POLYTECHNIC INSTITUTE, THE PREVENTION OF CRIME AND THE
ENFORCEMENT OF LAW AND ORDER, THE PRESIDENT OF RENSSELAER POLYTECHNIC
INSTITUTE MAY, WITH THE CONCURRENCE OF THE BOARD OF TRUSTEES, APPOINT
AND REMOVE SUCH NUMBER OF PUBLIC SAFETY OFFICERS DESIGNATED AS PEACE
OFFICERS AS IS DETERMINED BY SUCH PRESIDENT AND BOARD TO BE NECESSARY
FOR THE MAINTENANCE OF PUBLIC ORDER CONSISTENT WITH THIS SUBDIVISION.
SUCH RENSSELAER POLYTECHNIC INSTITUTE PEACE OFFICERS SO APPOINTED SHALL
BE EMPLOYEES OF RENSSELAER POLYTECHNIC INSTITUTE AND SUBJECT TO ITS
SUPERVISION AND CONTROL. SUCH RENSSELAER POLYTECHNIC INSTITUTE 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 RENSSELAER POLYTECHNIC INSTITUTE WITHIN THE COUNTY OF
RENSSELAER, ON ANY PUBLIC STREET AND SIDEWALK THAT ABUTS THE GROUNDS,
BUILDINGS, OR PROPERTY OF SUCH UNIVERSITY, AND BEYOND SUCH GEOGRAPHIC
AREA WITH THE APPROVAL OR REQUEST OF THE CHIEF LAW ENFORCEMENT OFFICER
OF THE LOCAL LAW ENFORCEMENT JURISDICTION OR HIS OR HER DESIGNEE, FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15144-01-0
S. 7645 2
THE PURPOSE OF TRANSPORTING AN INDIVIDUAL (I) 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; OR (II) WHO HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
SECTION 9.41 OF THE MENTAL HYGIENE LAW.
(C) RENSSELAER POLYTECHNIC INSTITUTE SHALL PROVIDE LEGAL DEFENSE AND
INDEMNIFICATION TO ANY APPLICABLE MUNICIPALITY AND ITS OFFICERS AND
EMPLOYEES, AND HOLD THEM HARMLESS, AGAINST ALL CLAIMS ARISING OUT OF THE
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.
(D) TO BECOME ELIGIBLE FOR DESIGNATION AS A RENSSELAER POLYTECHNIC
INSTITUTE 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.
§ 2. This act shall take effect immediately.