S T A T E O F N E W Y O R K
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5038
2021-2022 Regular Sessions
I N A S S E M B L Y
February 10, 2021
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Introduced by M. of A. GOODELL, FRIEND -- Multi-Sponsored by -- M. of A.
BLANKENBUSH -- read once and referred to the Committee on Codes
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04489-01-1
A. 5038 2
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.