Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 6435
Appointment of private college security officers
Education (EDN) CHAPTER 16, TITLE 7, ARTICLE 129-A
§ 6435. Appointment of private college security officers. 1.
Notwithstanding any other provision of law to the contrary, the trustees
or other governing board of each independent non-profit college which
maintains a campus or other property for educational purposes outside
the limits of any city having a population of one million or more and is
chartered by the regents or incorporated by special act of the
legislature may request that security guards employed by such college be
appointed as private college campus security officers by the sheriff of
the county in which the college is located pursuant to section six
hundred sixty-two of the county law or by the chief law enforcement
officer of a city where the college is located, pursuant to section two
hundred nine-aa of the general municipal law, as added by chapter six
hundred eleven of the laws of nineteen hundred ninety-five. Security
guards appointed as such campus security officers may exercise within
their geographic area of authority as defined hereinafter any or all of
the following powers:

a. to make a warrantless arrest of a person (i) for any offense when
he or she has reasonable cause to believe that such person has committed
such offense in his or her presence and (ii) for a crime when he or she
has reasonable cause to believe that such person has committed such
crime, whether in his or her presence or otherwise, and follow such
person in continuous close pursuit into public places beyond the
geographic area of authority to make such warrantless arrest; provided,
however, that such campus security officers shall comply with the
post-arrest procedures set forth in section 140.40 of the criminal
procedure law and shall not interfere with an ongoing criminal
investigation conducted by any police officer;

b. to use physical force, other than deadly physical force, upon
another person when and to the extent that he or she reasonably believes
such to be necessary to effect an arrest pursuant to paragraph a of this
subdivision or to prevent the escape from custody of such person and use
deadly physical force for such purpose when he or she reasonably
believes such to be necessary to defend himself or herself or a third
person from what he or she reasonably believes to be the use or imminent
use of deadly physical force;

c. to carry and utilize a police baton and noxious materials designed
and intended for prevention of crime and enforcement of law and order;
provided, however, that no such campus security officer shall carry or
use such police baton or noxious materials before receiving training in
the use thereof. Training in the use of a baton shall include, but not
be limited to, the defensive use of the baton and instruction in the
legal use of physical force pursuant to article thirty-five of the penal
law;

d. to temporarily possess stolen property, weapons, appliances and
substances described in article two hundred sixty-five of the penal law
and article thirty-three of the public health law whenever appropriate
for the prevention of crime, preservation of evidence and enforcement of
law and order, and as soon thereafter as practicable deliver such stolen
property, weapons, appliances and substances to a police officer;

e. to issue appearance tickets pursuant to subdivision three of
section 150.20 of the criminal procedure law;

f. to issue uniform appearance tickets pursuant to article
twenty-seven of the parks, recreation and historic preservation law and
to issue simplified traffic information pursuant to section 100.25 of
the criminal procedure law and section two hundred seven of the vehicle
and traffic law;

g. to issue a uniform navigation summons and/or complaint pursuant to
section nineteen of the navigation law;

h. to issue uniform appearance tickets pursuant to article seventy-one
of the environmental conservation law; and

i. to seize an alcoholic beverage upon observing a person under
twenty-one years of age openly in possession of an alcoholic beverage as
defined in section three of the alcoholic beverage control law, with
intent to consume such beverage in violation of section sixty-five-c of
such law.

2. For purposes of this section, "geographical area of authority"
means any real property owned by or under the control of the college by
which the security guard is employed and located within the geographic
boundaries of the county wherein the appointment was made.

3. To become eligible for appointment as a private college campus
security officer a security guard must first successfully complete a
course of instruction in public and private law enforcement approved by
the municipal police training council, the security guard advisory
council, or the department of state or other comparable course offered
or recognized by a department or agency of the state of New York as
providing appropriate training for the exercise of the powers enumerated
in this section. Such training shall also comply with all requirements
of article seven-A of the general business law and any regulations
promulgated thereunder.

4. To be eligible for appointment as a private college campus security
officer, an applicant shall be of good character, cooperate in a
background check as may be required by the county sheriff or chief law
enforcement officer, be at least twenty-one years of age at the time of
appointment, be a citizen of the United States, and be in compliance
with the requirements of, and duly registered in accordance with, the
provisions of article seven-A of the general business law and any
regulations promulgated thereunder.

5. The duration of the appointment shall be coexistent with the period
of employment except as otherwise provided in this section, section six
hundred sixty-two of the county law or section two hundred nine-aa of
the general municipal law, as added by chapter six hundred eleven of the
laws of nineteen hundred ninety-five.

6. Any independent non-profit college which requests appointment of
any of its security guards as a private college campus security officer
as provided for in subdivision one of this section shall indemnify and
hold harmless, the appointing sheriff, the county in which such sheriff
serves, the appointing chief law enforcement officer and the city in
which such chief law enforcement officer serves from liability and
damages including cost of defense to the extent proximately caused by
the intentional or negligent acts or omissions of the college's security
guards while acting pursuant to their scope of employment by the
college.

7. A college shall immediately notify the appointing sheriff or chief
law enforcement officer whenever a security guard appointed by the
college as a private college campus security officer is arrested,
suspended from employment, transferred, terminated or disabled so as to
be incapable of performing campus security officer duties. Upon receipt
of such notice, the sheriff or chief law enforcement officer shall
immediately revoke such appointment.

8. Private college campus security officers appointed in accordance
with this section shall not be subject to assignment under section two
hundred nine-f of the general municipal law or any mutual aid provisions
of law.