Bill Text: NY A04940 | 2009-2010 | General Assembly | Amended


Bill Title: Expands the geographical area of employment of university police officers.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced - Dead) 2010-06-21 - reported referred to rules [A04940 Detail]

Download: New_York-2009-A04940-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4940--B
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2009
                                      ___________
       Introduced  by M. of A. LENTOL, SCHROEDER, COLTON, HOYT, KOLB, STIRPE --
         Multi-Sponsored by -- M. of A. CONTE, RUSSELL,  SWEENEY,  TOWNSEND  --
         read  once  and  referred  to  the  Committee  on  Codes  -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee -- recommitted to the Committee on Codes in  accord-
         ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to  amend  the criminal procedure law and the education law, in
         relation to expanding the geographical area of employment of universi-
         ty police officers; and to repeal paragraph (d) of subdivision 34-a of
         section 1.20 of the criminal procedure law relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (a) of subdivision 34-a of section 1.20 of the
    2  criminal procedure law, as amended by chapter 428 of the laws  of  1999,
    3  is amended to read as follows:
    4    (a)  [Except  as  provided  in paragraph (d) of this subdivision,] New
    5  York state constitutes the "geographical  area  of  employment"  of  any
    6  police  officer  employed  as  such  by  an agency of the state or by an
    7  authority which functions throughout the  state,  or  a  police  officer
    8  designated by the superintendent of state police pursuant to section two
    9  hundred twenty-three of the executive law;
   10    S 2. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
   11  procedure law, as amended by chapter 424 of the laws of 1998, is amended
   12  to read as follows:
   13    (a)  [Except as provided in paragraph (d),] New York state constitutes
   14  the "geographical area of employment" of any police officer employed  as
   15  such  by  an  agency  of  the  state  or by an authority which functions
   16  throughout the state;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08769-06-0
       A. 4940--B                          2
    1    S 3. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal
    2  procedure law is REPEALED.
    3    S 4. Paragraph l of subdivision 2 of section 355 of the education law,
    4  as  amended  by  chapter  424 of the laws of 1998, is amended to read as
    5  follows:
    6    l. To appoint university police officers who shall have the powers  of
    7  police  officers  and  to  remove  such  police  officers  at  pleasure;
    8  provided, however, that any person appointed a police officer must  have
    9  satisfactorily  completed or complete within one year of the date of his
   10  appointment a course of law enforcement training approved by the munici-
   11  pal police training council in consultation with the  university.    [It
   12  shall  be  the duty of such police officers to preserve law and order on
   13  the campuses and other property of the university, including any portion
   14  of a public highway which crosses or abuts such property.]
   15    Subject to the approval of  the  chancellor,  the  president  of  each
   16  state-operated campus of the state university shall enter into a written
   17  agreement with adjoining law enforcement agencies establishing protocols
   18  for the exercise of authority by such university police officer off-cam-
   19  pus,  including  mutual aid and assistance. Such written protocols shall
   20  not be deemed to supersede the authority of other police officers.   The
   21  provisions  of this paragraph shall not apply to any of the state insti-
   22  tutions and property referred to in section five thousand seven  hundred
   23  nine of this chapter.
   24    S 5.  This act shall take effect immediately; provided that the amend-
   25  ments to paragraph (a) of subdivision 34-a of section 1.20 of the crimi-
   26  nal  procedure  law  made by section one of this act shall be subject to
   27  the expiration and reversion of such paragraph pursuant to section 3  of
   28  chapter  428  of  the  laws of 1999, as amended, when upon such date the
   29  provisions of section two of this act shall take effect.
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