Designates security services officers of the University of Rochester as peace officers.
TITLE OF BILL: An act to amend the criminal procedure law, in relation to granting peace officer status to certain security services officers employed by the University of Rochester
PURPOSE OF THE BILL: To grant certain university of Rochester security services officers with peace officer powers subject to certain conditions.
SUMMARY OF SPECIFIC PROVISIONS: Sections 1 of the bill would amend the Criminal Procedure Law to authorize the Board of Trustees of the University of Rochester to designate as peace officers those security services officers who shall satisfy the peace officer training requirements and a course of instruction in public and private law enforcement. Designated peace officers would be required to abide by requirements mutually agreed upon between the chief law enforcement officer of the applicable local law enforcement jurisdiction. The bill would provide that the peace officers would be limited to use such powers on property owned, controlled or administered by the University of Rochester and on a highway which crosses or adjoins such University property when requested by the applicable chief law enforcement officer, or beyond University property when in close pursuit after witnessing an offense or crime or when transporting a person in custody following an arrest. The bill would provide the applicable municipalities with legal defense and indemnification and hold them harmless for claims arising from the conduct of such peace officers when carrying out their peace officer functions.
EXISTING LAW: Criminal Procedure Law 2.10 authorizes an enumerated list of government and non-government entities which may designate peace officers.
JUSTIFICATION: This bill would help improve public safety for the thousands of students, faculty, staff and visitors to the many educational institutions on the University of Rochester campus, including the University of Rochester Medical Center, Security officers designated as peace officers would be granted additional arrest and investigative powers, and newly enhanced connections with local law enforcement. Such peace officers would be subject to requirements mutually agreed upon between the University and the appropriate local law enforcement jurisdiction and would have to complete the current minimum of 332 hours of additional training and a course in public and private law enforcement.
College security officers have previously been granted peace officer status at all community colleges, the City University of New York, Cornell University, Ithaca college and Syracuse University.
BUDGET IMPLICATIONS: None.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This bill shall take effect immediately after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 6249--B Cal. No. 1090 IN SENATE January 17, 2012 ___________Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said commit- tee, ordered to first and second report, 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 granting peace officer status to certain security services officers employed by the University of Rochester THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 83 to read as follows: 83. (A) SECURITY SERVICES OFFICERS EMPLOYED BY THE UNIVERSITY OF ROCHESTER WHO ARE DESIGNATED AS PEACE OFFICERS BY THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ROCHESTER PURSUANT TO PARAGRAPHS (B), (C), (D) AND (E) OF THIS SUBDIVISION; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDI- VISION SHALL BE DEEMED TO AUTHORIZE ANY SUCH OFFICER TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW. (B) FOR THE PROTECTION OF THE GROUNDS, BUILDINGS AND PROPERTY OF THE UNIVERSITY OF ROCHESTER, THE PREVENTION OF CRIME AND THE ENFORCEMENT OF LAW AND ORDER, THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ROCHESTER MAY APPOINT AND REMOVE SUCH NUMBER OF SECURITY SERVICES OFFICERS DESIGNATED AS PEACE OFFICERS AS IS DETERMINED BY THE BOARD OF TRUSTEES TO BE NECES- SARY FOR THE MAINTENANCE OF PUBLIC ORDER CONSISTENT WITH THIS SUBDIVI- SION. SUCH PEACE OFFICERS SHALL COMPLY WITH SUCH REQUIREMENTS AS SHALL BE MUTUALLY AGREED UPON BETWEEN THE CHIEF LAW ENFORCEMENT OFFICERS OF THE APPLICABLE LOCAL LAW ENFORCEMENT JURISDICTIONS AND THE UNIVERSITY OF ROCHESTER. SUCH UNIVERSITY OF ROCHESTER PEACE OFFICERS SO APPOINTED SHALL BE EMPLOYEES OF THE UNIVERSITY OF ROCHESTER AND SUBJECT TO ITS SUPERVISION AND CONTROL. SUCH UNIVERSITY OF ROCHESTER PEACE OFFICERS SHALL HAVE THE POWERS OF PEACE OFFICERS WITHIN THE GEOGRAPHIC AREA OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14015-07-2 S. 6249--B 2
EMPLOYMENT OF THE GROUNDS OR PREMISES OWNED, CONTROLLED OR ADMINISTERED BY THE UNIVERSITY OF ROCHESTER WITHIN THE COUNTY OF MONROE EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION; PROVIDED, HOWEVER, SUCH PEACE OFFICERS SHALL HAVE THE POWERS OF PEACE OFFICERS BEYOND SUCH GEOGRAPHIC AREA UPON THE REQUEST OF THE CHIEF LAW ENFORCEMENT OFFICER OF THE LOCAL LAW ENFORCEMENT JURISDICTION OR HIS OR HER DESIGNEE, FOR THE PURPOSE OF TRANSPORTING AN INDIVIDUAL WHO HAS BEEN ARRESTED IN ACCORD- ANCE WITH SECTION 140.27 OF THIS CHAPTER AND WHEN NO LOCAL LAW ENFORCE- MENT OFFICER IS AVAILABLE FOR TRANSPORTING SUCH INDIVIDUAL IN A TIMELY MANNER. (C) UNIVERSITY OF ROCHESTER PEACE OFFICERS WHO ARE ASSIGNED TO WORK AT STRONG MEMORIAL HOSPITAL SHALL ONLY HAVE THE POWERS IN SECTION 9.41 OF THE MENTAL HYGIENE LAW AND THE POWERS LISTED IN PARAGRAPHS (A), (C) AND (H) OF SUBDIVISION ONE OF SECTION 2.20 OF THIS ARTICLE. PROVIDED THAT IN ORDER TO EXERCISE THE POWER SET FORTH IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 2.20 OF THIS ARTICLE, THE OFFICER HAS ACTUAL KNOWLEDGE, OR PROBABLE CAUSE TO BELIEVE, THAT SUCH INDIVIDUAL HAS COMMITTED AN OFFENSE. (D) THE UNIVERSITY OF ROCHESTER SHALL PROVIDE LEGAL DEFENSE AND INDEM- NIFICATION TO APPLICABLE MUNICIPALITY AND ITS OFFICERS AND EMPLOYEES, AND HOLD THEM HARMLESS, AGAINST ALL CLAIMS ARISING OUT OF CONDUCT BY OR INJURY TO SUCH PEACE OFFICERS WHILE CARRYING OUT THEIR SPECIAL DUTIES, EXCEPT IN THOSE SITUATIONS WHEN THEY ARE ACTING AS AGENTS OF THE CHIEF LAW ENFORCEMENT OFFICER OF THE APPLICABLE LOCAL LAW ENFORCEMENT JURIS- DICTION OR HIS OR HER DESIGNEE. (E) TO BECOME ELIGIBLE FOR DESIGNATION AS A UNIVERSITY OF ROCHESTER PEACE OFFICER, A CANDIDATE SHALL, IN ADDITION TO THE TRAINING REQUIRE- MENTS AS SET FORTH IN SECTION 2.30 OF THIS ARTICLE, COMPLETE THE COURSE OF INSTRUCTION IN PUBLIC AND PRIVATE LAW ENFORCEMENT ESTABLISHED PURSU- ANT TO SUBDIVISION THREE OF SECTION SIXTY-FOUR HUNDRED THIRTY-FIVE OF THE EDUCATION LAW. S 2. This act shall take effect immediately.