Senate Bill S385A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  385--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. BORRELLO, COONEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes  --  recom-
   mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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 87 to read as follows:
   87. (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01988-03-4
 S. 385--A                           2
 
 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  SUCH  SHERIFF'S  DESIGNEE, FOR THE
 PURPOSE OF TRANSPORTING AN INDIVIDUAL WHO HAS BEEN ARRESTED  IN  ACCORD-
 ANCE  WITH SECTION 140.27 OF THIS CHAPTER AND WHEN NO LOCAL LAW ENFORCE-
 MENT 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 SUCH SHERIFF'S 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.