This bill has been amended

Bill S4302-2009

Expands the geographical area of employment of university police officers

Expands the geographical area of employment of university police officers.

Details

Actions

  • May 3, 2010: ADVANCED TO THIRD READING
  • Apr 28, 2010: 2ND REPORT CAL.
  • Apr 27, 2010: 1ST REPORT CAL.434
  • Apr 12, 2010: AMEND BY RESTORING TO ORIGINAL PRINT 4302
  • Jan 6, 2010: REFERRED TO CODES
  • Jun 8, 2009: PRINT NUMBER 4302A
  • Jun 8, 2009: AMEND (T) AND RECOMMIT TO CODES
  • Apr 21, 2009: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Apr 27, 2010
Ayes (14): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Squadron, Volker, Saland, DeFrancisco, Bonacic, Lanza, Flanagan
Ayes W/R (2): Perkins, Golden

Memo

BILL NUMBER:S4302               REVISED 06/21/10

TITLE OF BILL: An act to amend the criminal procedure law and the education law, in relation to expanding the geographical area of employment of university police officers; and to repeal paragraph (d) of subdivision 34-a of section 1.20 of the criminal procedure law relating thereto

PURPOSE: To extend the jurisdiction, as it pertains to infractions and violations, of New York State University Police Officers from State University of New York property and abutting roadways to all areas of New York State.

SUMMARY OF PROVISIONS: The legislation repeals paragraph "d" of Subdivision 34-a of Section 1.20 of the Criminal Procedure Law, which states, "The geographical area of employment of a police officer appointed by the state university is the campuses and other property of the state university, including any portion of public highway which crosses or abuts such property."

This legislation would also repeal paragraph "1." Of Subdivision 8(9} of Section 355 of the Education Law, which states, "It shall be the duty of such police officers to preserve law and order on the campuses and other property of the university, including any portion of a public highway which crosses or abuts such property."

JUSTIFICATION: University Police is the only Agency Law Enforcement Services Unit, which includes the University Police, New York State Environmental Conservation Police, the New York State Forest Rangers, and the New York State Park Police, that does not have the power to enforce infractions and violations outside of their geographic area of employment.

The New York State University Police are requesting this legislation as a measure to legitimize and augment their ability to lend supplemental support to neighboring law enforcement agencies. This legislation would also enable New York State University Police to provide immediate police action and protect life and property in rare occasions where assistance is requested by citizens of surrounding areas.

Finally, many New York universities and colleges are growing. The need for additional space to accommodate this growth has resulted in the acquisition of satellite properties not geographically connected to campus centers. Under current law, while traveling between these properties, NYS University police Officers are statutorily limited and must ignore all violations and infractions occurring in their presence.

LEGISLATIVE HISTORY: 2007-2008: S.7977/A.11205

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4302 2009-2010 Regular Sessions IN SENATE April 21, 2009 ___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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: Section 1. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal procedure law, as amended by chapter 428 of the laws of 1999, is amended to read as follows: (a) [Except as provided in paragraph (d) of this subdivision,] New York state constitutes the "geographical area of employment" of any police officer employed as such by an agency of the state or by an authority which functions throughout the state, or a police officer designated by the superintendent of state police pursuant to section two hundred twenty-three of the executive law; S 2. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal procedure law, as amended by chapter 424 of the laws of 1998, is amended to read as follows: (a) [Except as provided in paragraph (d),] New York state constitutes the "geographical area of employment" of any police officer employed as such by an agency of the state or by an authority which functions throughout the state; S 3. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal procedure law is REPEALED. S 4. Paragraph l of subdivision 2 of section 355 of the education law, as amended by chapter 424 of the laws of 1998, is amended to read as follows: l. To appoint university police officers who shall have the powers of police officers and to remove such police officers at pleasure;
provided, however, that any person appointed a police officer must have satisfactorily completed or complete within one year of the date of his appointment a course of law enforcement training approved by the munici- pal police training council in consultation with the university. [It shall be the duty of such police officers to preserve law and order on the campuses and other property of the university, including any portion of a public highway which crosses or abuts such property.] Subject to the approval of the chancellor, the president of each state-operated campus of the state university shall enter into a written agreement with adjoining law enforcement agencies establishing protocols for the exercise of authority by such university police officer off-cam- pus, including mutual aid and assistance. Such written protocols shall not be deemed to supersede the authority of other police officers. The provisions of this paragraph shall not apply to any of the state insti- tutions and property referred to in section five thousand seven hundred nine of this chapter. S 5. This act shall take effect immediately; provided that the amend- ments to paragraph (a) of subdivision 34-a of section 1.20 of the crimi- nal procedure law made by section one of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 3 of chapter 428 of the laws of 1999, as amended, when upon such date the provisions of section two of this act shall take effect.

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