Bill Text: NY S06042 | 2017-2018 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-12-18 - SIGNED CHAP.494 [S06042 Detail]

Download: New_York-2017-S06042-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6042--B
            Cal. No. 1660
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 10, 2017
                                       ___________
        Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  reported  favorably  from  said committee and
          committed to the Committee on Rules -- ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08516-06-7
        S. 6042--B                          2
     1  tions  and  the  University  of  Rochester. Such University of Rochester
     2  peace officers so appointed shall be  employees  of  the  University  of
     3  Rochester and subject to its supervision and control. Such University of
     4  Rochester  peace officers shall have the powers of peace officers within
     5  the geographic area of employment of  the  grounds  or  premises  owned,
     6  controlled  or  administered  by  the University of Rochester within the
     7  county of Monroe [except as provided in paragraph (c) of  this  subdivi-
     8  sion;  provided,  however,  such peace officers shall have the powers of
     9  peace officers], on any  public  street  and  sidewalk  that  abuts  the
    10  grounds,  buildings  or  property  of  such  university, and beyond such
    11  geographic area upon the request of the chief law enforcement officer of
    12  the local law enforcement jurisdiction or his or her designee,  for  the
    13  purpose  of  transporting an individual who has been arrested in accord-
    14  ance with section 140.27 of this chapter and when no local law  enforce-
    15  ment  officer  is available for transporting such individual in a timely
    16  manner.
    17    (c) [University of Rochester peace officers who are assigned  to  work
    18  at  Strong  Memorial Hospital shall only have the powers in section 9.41
    19  of the mental hygiene law and the powers listed in paragraphs  (a),  (c)
    20  and  (h)  of  subdivision  one of section 2.20 of this article. Provided
    21  that in order to exercise the power set forth in paragraph (a) of subdi-
    22  vision one of section 2.20 of this article, the officer has actual know-
    23  ledge, or probable cause to believe, that such individual has  committed
    24  an offense.
    25    (d)]  The  University  of  Rochester  shall  provide legal defense and
    26  indemnification to applicable municipality and its officers and  employ-
    27  ees,  and  hold them harmless, against all claims arising out of conduct
    28  by or injury to such peace officers while  carrying  out  their  special
    29  duties, except in those situations when they are acting as agents of the
    30  chief  law  enforcement  officer of the applicable local law enforcement
    31  jurisdiction or his or her designee.
    32    [(e)] (d) To become  eligible  for  designation  as  a  University  of
    33  Rochester  peace officer, a candidate shall, in addition to the training
    34  requirements as set forth in section 2.30 of this article, complete  the
    35  course  of instruction in public and private law enforcement established
    36  pursuant to subdivision three of section sixty-four hundred  thirty-five
    37  of the education law.
    38    § 2. This act shall take effect immediately.