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

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

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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--A
                               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
        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
    23  Rochester and subject to its supervision and control. Such University of
    24  Rochester peace officers shall have the powers of peace officers  within
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08516-03-7
        A. 7638--A                          2
     1  the  geographic  area  of  employment  of the grounds or premises owned,
     2  controlled or administered by the University  of  Rochester  within  the
     3  county  of  Monroe [except as provided in paragraph (c) of this subdivi-
     4  sion;  provided,  however,  such peace officers shall have the powers of
     5  peace officers], within one hundred yards of such grounds  or  premises,
     6  including  any  public  street  and sidewalk, and beyond such geographic
     7  area upon the request of the chief law enforcement officer of the  local
     8  law  enforcement jurisdiction or his or her designee, for the purpose of
     9  transporting an individual who has  been  arrested  in  accordance  with
    10  section 140.27 of this chapter and when no local law enforcement officer
    11  is available for transporting such individual in a timely manner.
    12    (c)  [University  of Rochester peace officers who are assigned to work
    13  at Strong Memorial Hospital shall only have the powers in  section  9.41
    14  of  the  mental hygiene law and the powers listed in paragraphs (a), (c)
    15  and (h) of subdivision one of section 2.20  of  this  article.  Provided
    16  that in order to exercise the power set forth in paragraph (a) of subdi-
    17  vision one of section 2.20 of this article, the officer has actual know-
    18  ledge,  or probable cause to believe, that such individual has committed
    19  an offense.
    20    (d)] The University of  Rochester  shall  provide  legal  defense  and
    21  indemnification  to applicable municipality and its officers and employ-
    22  ees, and hold them harmless, against all claims arising out  of  conduct
    23  by  or  injury  to  such peace officers while carrying out their special
    24  duties, except in those situations when they are acting as agents of the
    25  chief law enforcement officer of the applicable  local  law  enforcement
    26  jurisdiction or his or her designee.
    27    [(e)]  (d)  To  become  eligible  for  designation  as a University of
    28  Rochester peace officer, a candidate shall, in addition to the  training
    29  requirements  as set forth in section 2.30 of this article, complete the
    30  course of instruction in public and private law enforcement  established
    31  pursuant  to subdivision three of section sixty-four hundred thirty-five
    32  of the education law.
    33    § 2. This act shall take effect immediately.