NY State Senate Bill 2019-S7645

Senate Bill S7645

2019-2020 Legislative Session

Grants peace officer status to certain public safety officers employed by Rensselaer Polytechnic Institute

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2020	referred to codes

2019-S7645 (ACTIVE) - Details

See Assembly Version of this Bill:: A9712
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §2.10, CP L

2019-S7645 (ACTIVE) - Summary

Grants peace officer status to certain public safety officers employed by Rensselaer Polytechnic Institute, who are designated as such by the president in concurrence with the board of trustees.

2019-S7645 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7645

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to granting
peace officer status to certain public safety officers employed by Rens-
selaer Polytechnic Institute

 
PURPOSE:

To grant certain Rensselaer Polytechnic Institute public safety officers
with peace officer powers subject to certain conditions.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend the Criminal Procedure Law to author-
ize the President and Board of Trustees of Rensselaer Polytechnic Insti-
tute (RPI) to designate as peace officers those security services offi-
cers who shall satisfy the peace officer training requirements and a
course of instruction in public and private law enforcement.

The bill would provide that the peace officers would be limited to use
such powers on property owned, controlled or administered by RPI, on any
public street and sidewalk that abuts the such grounds, buildings or
property, and beyond such geographic area with the approval of the chief
law enforcement officer of the local law enforcement jurisdiction or his
or her designee to transport a person in custody who is in need of emer-
gency mental health services or following an arrest. The bill would
provide the applicable municipalities with legal defense and indemnifi-
cation and hold them harmless for claims arising from the conduct of RPI
public safety officers when carrying out their peace officer functions.

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

This bill would help improve public safety for the thousands of
students, faculty, staff and visitors to Rensselaer Polytechnic Insti-
tute. Public safety officers designated as peace officers will be able
to use the modest additional law enforcement powers provided to peace
officers, when necessary, to ensure safety on the RPI campus and immedi-
ate adjoining property. Such peace officers will have to complete the
current minimum of 332 hours of additional training and a course in
public and private law enforcement in order to be qualified.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7645 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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