The New York State Senate

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

                                  9712

                          I N  A S S E M B L Y

                            February 6, 2020
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee 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

A. 9712                             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.