Bill Text: NY A05038 | 2021-2022 | General Assembly | Introduced

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Bill Title: Designates, as peace officers, public safety officers of the Chautauqua Institution within the grounds of and properties owned by the Chautauqua Institution.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-05-03 - held for consideration in codes [A05038 Detail]

Download: New_York-2021-A05038-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5038

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2021
                                       ___________

        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:

     1    Section  1.  Section  2.10 of the criminal procedure law is amended by
     2  adding a new subdivision 86 to read as follows:
     3    86. (a) Public safety officers of the Chautauqua Institution  who  are
     4  designated  as peace officers by the board of trustees of the Chautauqua
     5  Institution pursuant to paragraphs (b), (c), and (d)  of  this  subdivi-
     6  sion;  provided,  however,  that  nothing  in  this subdivision shall be
     7  deemed to authorize any  such  officer  to  carry,  possess,  repair  or
     8  dispose  of  a  firearm unless the appropriate license therefor has been
     9  issued pursuant to section 400.00 of the penal law.
    10    (b) For the protection of the grounds, buildings and property  of  the
    11  Chautauqua  Institution,  the prevention of crime and the enforcement of
    12  law and order, the board of trustees of the Chautauqua  Institution  may
    13  appoint  and  remove such number of public safety officers designated as
    14  peace officers as is determined by the board of trustees to be necessary
    15  for the maintenance of public order consistent  with  this  subdivision.
    16  Such Chautauqua Institution peace officers so appointed shall be employ-
    17  ees  of  the  Chautauqua  Institution and subject to its supervision and
    18  control. Such Chautauqua  Institution  peace  officers  shall  have  the
    19  powers of peace officers within the geographic area of employment on the
    20  grounds  or premises owned, controlled or administered by the Chautauqua
    21  Institution within the county of Chautauqua, on any  public  street  and
    22  sidewalk that abuts the grounds, buildings or property of the Chautauqua
    23  Institution,  and  beyond  such  geographic area upon the request of the
    24  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

     1  transporting an individual who has  been  arrested  in  accordance  with
     2  section 140.27 of this chapter and when no local law enforcement officer
     3  is available for transporting such individual in a timely manner.
     4    (c)  The Chautauqua Institution shall provide legal defense and indem-
     5  nification to applicable municipalities and its officers and  employees,
     6  and  hold them harmless, against all claims arising out of conduct by or
     7  injury to such peace officers while carrying out their  special  duties,
     8  except  in  those situations when they are acting as agents of the Chau-
     9  tauqua County sheriff or his or her designee.
    10    (d) To become eligible for designation  as  a  Chautauqua  Institution
    11  peace  officer,  a  candidate shall, at a minimum, successfully complete
    12  the New York state basic course for peace officers with firearms and any
    13  other requirements as set forth in section 2.30 of this article.
    14    § 2. This act shall take effect immediately.