S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9666
                                 I N  A S S E M B L Y
                                    March 23, 2012
                                      ___________
       Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the criminal procedure  law,  in  relation  to  granting
         peace officer status to certain security services officers employed by
         the University of Rochester
         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 83 to read as follows:
    3    83.  (A)  SECURITY  SERVICES  OFFICERS  EMPLOYED  BY THE UNIVERSITY OF
    4  ROCHESTER WHO ARE DESIGNATED AS PEACE OFFICERS BY THE BOARD OF  TRUSTEES
    5  OF  THE UNIVERSITY OF ROCHESTER PURSUANT TO PARAGRAPHS (B), (C), (D) AND
    6  (E) OF THIS SUBDIVISION; PROVIDED, HOWEVER, THAT NOTHING IN THIS  SUBDI-
    7  VISION  SHALL BE DEEMED TO AUTHORIZE ANY SUCH OFFICER TO CARRY, POSSESS,
    8  REPAIR OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE  LICENSE  THEREFOR
    9  HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   10    (B)  FOR  THE PROTECTION OF THE GROUNDS, BUILDINGS AND PROPERTY OF THE
   11  UNIVERSITY OF ROCHESTER, THE PREVENTION OF CRIME AND THE ENFORCEMENT  OF
   12  LAW  AND ORDER, AND THE ENFORCEMENT OF SUCH RULES AND REGULATIONS AS THE
   13  UNIVERSITY OF ROCHESTER SHALL FROM TIME TO TIME ESTABLISH, THE BOARD  OF
   14  TRUSTEES  OF  THE  UNIVERSITY  OF  ROCHESTER MAY APPOINT AND REMOVE SUCH
   15  NUMBER OF SECURITY SERVICES OFFICERS DESIGNATED AS PEACE OFFICERS AS  IS
   16  DETERMINED  BY THE BOARD OF TRUSTEES TO BE NECESSARY FOR THE MAINTENANCE
   17  OF PUBLIC ORDER CONSISTENT WITH THIS SUBDIVISION.  SUCH  PEACE  OFFICERS
   18  SHALL  COMPLY  WITH  SUCH  REQUIREMENTS AS SHALL BE MUTUALLY AGREED UPON
   19  BETWEEN THE CHIEF LAW ENFORCEMENT OFFICERS OF THE APPLICABLE  LOCAL  LAW
   20  ENFORCEMENT  JURISDICTIONS AND THE UNIVERSITY OF ROCHESTER. SUCH UNIVER-
   21  SITY OF ROCHESTER PEACE OFFICERS SO APPOINTED SHALL BE EMPLOYEES OF  THE
   22  UNIVERSITY OF ROCHESTER AND SUBJECT TO ITS SUPERVISION AND CONTROL. SUCH
   23  UNIVERSITY  OF  ROCHESTER  PEACE OFFICERS SHALL HAVE THE POWERS OF PEACE
   24  OFFICERS WITHIN THE GEOGRAPHIC AREA OF  EMPLOYMENT  OF  THE  GROUNDS  OR
   25  PREMISES  OWNED, CONTROLLED OR ADMINISTERED BY THE UNIVERSITY OF ROCHES-
   26  TER WITHIN THE COUNTY OF MONROE; PROVIDED, HOWEVER, SUCH PEACE  OFFICERS
   27  SHALL  HAVE  THE POWERS OF PEACE OFFICERS BEYOND SUCH GEOGRAPHIC AREA IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14015-03-2
       A. 9666                             2
    1  THOSE SITUATIONS WHEN REQUESTED BY THE CHIEF LAW ENFORCEMENT OFFICER  OF
    2  THE  LOCAL  LAW ENFORCEMENT JURISDICTION OR HIS OR HER DESIGNEE, INCLUD-
    3  ING, BUT NOT LIMITED TO, BY MEANS OF WRITTEN PROTOCOLS AGREED TO BY  THE
    4  CHIEF  LAW ENFORCEMENT OFFICER OF THE LOCAL LAW ENFORCEMENT JURISDICTION
    5  AND THE UNIVERSITY OF ROCHESTER, TO PROVIDE  ASSISTANCE  ON  ANY  PUBLIC
    6  HIGHWAY WHICH CROSSES OR ADJOINS SUCH GROUNDS OR PREMISES. NOTWITHSTAND-
    7  ING  THE PRECEDING SENTENCE, SUCH UNIVERSITY OF ROCHESTER PEACE OFFICERS
    8  SHALL ALSO HAVE THE POWERS OF PEACE  OFFICERS  BEYOND  THEIR  GEOGRAPHIC
    9  AREA  OF  EMPLOYMENT WHEN FOLLOWING A PERSON IN CONTINUOUS CLOSE PURSUIT
   10  AFTER WITNESSING THE COMMISSION OF AN OFFENSE OR CRIME, OR  WHEN  TRANS-
   11  PORTING A PERSON IN THEIR CUSTODY FOLLOWING A LAWFUL ARREST.
   12    (C)  THE UNIVERSITY OF ROCHESTER SHALL PROVIDE LEGAL DEFENSE AND IDEN-
   13  TIFICATION TO THE APPLICABLE MUNICIPALITY AND ITS OFFICERS  AND  EMPLOY-
   14  EES,  AND  HOLD THEM HARMLESS, AGAINST ALL CLAIMS ARISING OUT OF CONDUCT
   15  BY OR INJURY TO  SUCH  PEACE  OFFICERS  WHILE  CARRYING  OUT  THEIR  LAW
   16  ENFORCEMENT  FUNCTIONS,  EXCEPT IN THOSE SITUATIONS WHEN THEY ARE ACTING
   17  UNDER THE DIRECT SUPERVISION AND CONTROL OF THE  CHIEF  LAW  ENFORCEMENT
   18  OFFICER  OF  THE APPLICABLE LOCAL LAW ENFORCEMENT JURISDICTION OR HIS OR
   19  HER DESIGNEE.
   20    (D) EVERY UNIVERSITY OF ROCHESTER PEACE OFFICER  SO  APPOINTED  SHALL,
   21  BEFORE ENTERING UPON THE DUTIES OF HIS OR HER OFFICE, TAKE AND SUBSCRIBE
   22  THE OATH OF OFFICE PRESCRIBED BY ARTICLE THIRTEEN OF THE STATE CONSTITU-
   23  TION, WHICH OATH SHALL BE FILED IN THE OFFICE OF THE COUNTY CLERK OF THE
   24  COUNTY OF MONROE.
   25    (E)  TO  BECOME  ELIGIBLE FOR DESIGNATION AS A UNIVERSITY OF ROCHESTER
   26  PEACE OFFICER, A CANDIDATE SHALL, IN ADDITION TO THE  TRAINING  REQUIRE-
   27  MENTS  AS SET FORTH IN SECTION 2.30 OF THIS ARTICLE, COMPLETE THE COURSE
   28  OF INSTRUCTION IN PUBLIC AND PRIVATE LAW ENFORCEMENT ESTABLISHED  PURSU-
   29  ANT  TO  SUBDIVISION  THREE OF SECTION SIXTY-FOUR HUNDRED THIRTY-FIVE OF
   30  THE EDUCATION LAW.
   31    S 2. This act shall take effect immediately.