Assembly Bill A9712

                            
 
                     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.