Bill Text: NY A07638 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to the jurisdiction of University of Rochester peace officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-06-20 - substituted by s6042b [A07638 Detail]

Download: New_York-2017-A07638-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7638--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       May 5, 2017
                                       ___________
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Codes -- committee discharged, bill amended, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
        AN ACT to amend the criminal procedure law, in relation to the jurisdic-
          tion of University of Rochester peace officers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 83 of section 2.10 of  the  criminal  procedure
     2  law, as added by chapter 504 of the laws of 2012, is renumbered subdivi-
     3  sion 84 and amended to read as follows:
     4    84.  (a)  [Security  services]  Public safety officers employed by the
     5  University of Rochester who are designated  as  peace  officers  by  the
     6  board  of trustees of the University of Rochester pursuant to paragraphs
     7  (b), (c), and (d) [and (e)] of this subdivision; provided, however, that
     8  nothing in this subdivision shall be deemed to authorize any such  offi-
     9  cer  to carry, possess, repair or dispose of a firearm unless the appro-
    10  priate license therefor has been issued pursuant to  section  400.00  of
    11  the penal law.
    12    (b)  For  the protection of the grounds, buildings and property of the
    13  University of Rochester, the prevention of crime and the enforcement  of
    14  law  and order, the board of trustees of the University of Rochester may
    15  appoint and remove such number  of  [security  services]  public  safety
    16  officers  designated  as peace officers as is determined by the board of
    17  trustees to be necessary for the maintenance of public order  consistent
    18  with  this  subdivision.  Such  peace  officers  shall  comply with such
    19  requirements as shall be mutually agreed  upon  between  the  chief  law
    20  enforcement  officers  of the applicable local law enforcement jurisdic-
    21  tions and the University of  Rochester.  Such  University  of  Rochester
    22  peace  officers  so  appointed  shall  be employees of the University of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08516-05-7
        A. 7638--B                          2
     1  Rochester and subject to its supervision and control. Such University of
     2  Rochester peace officers shall have the powers of peace officers  within
     3  the  geographic  area  of  employment  of the grounds or premises owned,
     4  controlled  or  administered  by  the University of Rochester within the
     5  county of Monroe [except as provided in paragraph (c) of  this  subdivi-
     6  sion;  provided,  however,  such peace officers shall have the powers of
     7  peace officers], on any  public  street  and  sidewalk  that  abuts  the
     8  grounds,  buildings  or  property  of  such  university, and beyond such
     9  geographic area upon the request of the chief law enforcement officer of
    10  the local law enforcement jurisdiction or his or her designee,  for  the
    11  purpose  of  transporting an individual who has been arrested in accord-
    12  ance with section 140.27 of this chapter and when no local law  enforce-
    13  ment  officer  is available for transporting such individual in a timely
    14  manner.
    15    (c) [University of Rochester peace officers who are assigned  to  work
    16  at  Strong  Memorial Hospital shall only have the powers in section 9.41
    17  of the mental hygiene law and the powers listed in paragraphs  (a),  (c)
    18  and  (h)  of  subdivision  one of section 2.20 of this article. Provided
    19  that in order to exercise the power set forth in paragraph (a) of subdi-
    20  vision one of section 2.20 of this article, the officer has actual know-
    21  ledge, or probable cause to believe, that such individual has  committed
    22  an offense.
    23    (d)]  The  University  of  Rochester  shall  provide legal defense and
    24  indemnification to applicable municipality and its officers and  employ-
    25  ees,  and  hold them harmless, against all claims arising out of conduct
    26  by or injury to such peace officers while  carrying  out  their  special
    27  duties, except in those situations when they are acting as agents of the
    28  chief  law  enforcement  officer of the applicable local law enforcement
    29  jurisdiction or his or her designee.
    30    [(e)] (d) To become  eligible  for  designation  as  a  University  of
    31  Rochester  peace officer, a candidate shall, in addition to the training
    32  requirements as set forth in section 2.30 of this article, complete  the
    33  course  of instruction in public and private law enforcement established
    34  pursuant to subdivision three of section sixty-four hundred  thirty-five
    35  of the education law.
    36    § 2. This act shall take effect immediately.