Bill Text: NY A05372 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Slight Partisan Bill (Democrat 8-5)

Status: (Engrossed - Dead) 2012-06-21 - REFERRED TO RULES [A05372 Detail]

Download: New_York-2011-A05372-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5372--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 16, 2011
                                      ___________
       Introduced  by  M. of A. LENTOL, COLTON, KOLB, P. RIVERA, THIELE, TITUS,
         RAMOS -- Multi-Sponsored by -- M. of A. CONTE, GIGLIO, GRAF,  MONTESA-
         NO,  RUSSELL,  SWEENEY  --  read once and referred to the Committee on
         Codes -- recommitted to the Committee  on  Codes  in  accordance  with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       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, OR A POLICE OFFICER APPOINTED
   10  BY THE STATE UNIVERSITY OF NEW YORK;
   11    S 2. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
   12  procedure law, as amended by chapter 424 of the laws of 1998, is amended
   13  to read as follows:
   14    (a)  [Except as provided in paragraph (d),] New York state constitutes
   15  the "geographical area of employment" of any police officer employed  as
   16  such  by  an  agency  of  the  state  or by an authority which functions
   17  throughout the state OR APPOINTED BY THE STATE UNIVERSITY OF NEW YORK;
   18    S 3. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal
   19  procedure law is REPEALED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09502-02-2
       A. 5372--A                          2
    1    S 4. Paragraph l of subdivision 2 of section 355 of the education law,
    2  as amended by chapter 424 of the laws of 1998, is  amended  to  read  as
    3  follows:
    4    l.  To appoint university police officers who shall have the powers of
    5  police  officers  and  to  remove  such  police  officers  at  pleasure;
    6  provided,  however, that any person appointed a police officer must have
    7  satisfactorily completed or complete within one year of the date of  his
    8  appointment a course of law enforcement training approved by the munici-
    9  pal  police  training  council in consultation with the university.  [It
   10  shall be the duty of such police officers to preserve law and  order  on
   11  the campuses and other property of the university, including any portion
   12  of a public highway which crosses or abuts such property.]
   13    Subject  to  the  approval  of  the  chancellor, the president of each
   14  state-operated campus of the state university shall enter into a written
   15  agreement with adjoining law enforcement agencies establishing protocols
   16  for the exercise of authority by such university police officer off-cam-
   17  pus, including mutual aid and assistance. Such written  protocols  shall
   18  not  be deemed to supersede the authority of other police officers.  The
   19  provisions of this paragraph shall not apply to any of the state  insti-
   20  tutions  and property referred to in section five thousand seven hundred
   21  nine of this chapter.
   22    S 5.  This act shall take effect immediately; provided that the amend-
   23  ments to paragraph (a) of subdivision 34-a of section 1.20 of the crimi-
   24  nal procedure law made by section one of this act shall  be  subject  to
   25  the  expiration and reversion of such paragraph pursuant to section 3 of
   26  chapter 428 of the laws of 1999, as amended, when  upon  such  date  the
   27  provisions of section two of this act shall take effect.