Bill S492-2013

Includes peace officers at community colleges operating under the program of the state university of New York within the definition of the term "qualified agencies"

Includes peace officers at community colleges operating under the program of the state university of New York within the definition of the term "qualified agencies".

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  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S492

TITLE OF BILL: An act to amend the executive law, in relation to peace officers at community colleges operating under the program of the state university of New York

PURPOSE OF THE BILL: Section 6306 of the Education Law authorizes the local Board of Trustees of each community college to appoint security officers for the community college and to designate one or more security officers as peace officers. Section 837 of the Executive Law authorizes "qualified agencies" to access criminal history record information (CHRI) maintained by the state of New York Division of Criminal Justice Services (DCJS) Amending the definition of "qualified agencies" set forth in subdivision 9 of section 835 of the Executive Law to include peace officers of community colleges operating under the program of the State University of New York will authorize the peace officers to access CHRI through DCJS.

SUMMARY OF PROVISIONS: Section 1 of this legislation amends the Executive Law to include peace officers at the community colleges operating under the program of the State University of New York within the definition of a "qualified agency" found in subdivision 9 of Section 835, thereby authorizing such peace officers to access CHRI through DCJS. Section 2 provides that this legislation shall take effect immediately.

JUSTIFICATION: Under section 6306 of the Education Law, a security officer designated by the local Board of Trustees of the community college as a peace officer must complete a course of law enforcement training prescribed by the municipal police training council and may possess and carry a firearm, if authorized to do so by the president of the community college. Further, under this section of the law, the peace officer's geographical area of employment not only encompasses the campus itself, but also the public highway which crosses or abuts the campus property and facilities owned, operated or maintained by not-for-profit entities associated with the community college, for which the community college provides security. The powers of peace officers, enumerated in Section 2.20 of the Criminal Procedure Law, encompass issuing appearance tickets, effecting searches, making arrests and using physical force as well as deadly physical force.

Peace officers at the community colleges campuses discharge the criminal justice function of prevention, detection, investigation and apprehension with respect to the commission of offenses within their geographical areas of employment for their campuses. Currently, the inability of peace officers to conduct criminal history checks severely hinders their ability to fulfill these functions, Authorizing peace officers to access CHRI will enhance the case processing capabilities of the peace officers of the community college campuses

PRIOR LEGISLATIVE HISTORY:

S.4064 of 2011.

FISCAL IMPLICATIONS FOR STATE: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 492 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to peace officers at community colleges operating under the program of the state university of New York THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 9 of section 835 of the executive law, as sepa- rately amended by chapters 14 and 155 of the laws of 2012, is amended to read as follows: 9. "Qualified agencies" means courts in the unified court system, the administrative board of the judicial conference, probation departments, sheriffs' offices, district attorneys' offices, the state department of corrections and community supervision, the department of correction of any municipality, the financial frauds and consumer protection unit of the state department of financial services, the office of professional medical conduct of the state department of health for the purposes of section two hundred thirty of the public health law, the child protec- tive services unit of a local social services district when conducting an investigation pursuant to subdivision six of section four hundred twenty-four of the social services law, the office of Medicaid inspector general, the temporary state commission of investigation, police forces and departments having responsibility for enforcement of the general criminal laws of the state, PEACE OFFICERS AT COMMUNITY COLLEGES OPERAT- ING UNDER THE PROGRAM OF THE STATE UNIVERSITY OF NEW YORK, the Onondaga County Center for Forensic Sciences Laboratory when acting within the scope of its law enforcement duties and the division of forensic services of the Nassau county medical examiner's office when acting within the scope of its law enforcement duties. S 2. This act shall take effect immediately.

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