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Tuesday, February 9, 2010
Summary   -   A04940
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A04940 Summary:

BILL NO    A04940A

SAME AS    Same as S 4302-A

SPONSOR    Lentol

COSPNSR    Schroeder, Colton, Hoyt, Kolb

MLTSPNSR   Townsend

Amd S1.20, CP L; amd S355, Ed L

Expands the geographical area of employment of university police officers.

A04940 Actions:

BILL NO    A04940A

02/10/2009 referred to codes
06/08/2009 amend (t) and recommit to codes
06/08/2009 print number 4940a
01/06/2010 referred to codes

A04940 Votes:


A04940 Memo:

BILL NUMBER:A4940A

TITLE  OF  BILL:    An  act  to amend the criminal procedure law and the
education law, in relation to expanding the geographical area of employ-
ment of university police officers

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 to an area  within  the  radius  of  one
hundred miles of any campus.

SUMMARY  OF PROVISIONS:   Section 1. Amends paragraph "d" of Subdivision
34-a of Section 1.20 of the Criminal Procedure Law to provide  that  the
geographical area of employment not only includes the campus but and the
area within the radius of one hundred miles of any such campus and other
property of the state university.

Section  2.  Amends  paragraph  1 of subdivision 2 of section 355 of the
education law to provide that it shall be the  duty  of  the  university
police  to  preserve law and order on the campuses and other property of
the university and the area within the radius of one  hundred  miles  of
any such campus and other property of the state university.

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  employ-
ment. This anomaly creates a situation that significantly undermines the
officers'  credibility,  legitimacy  and ability to perform their duties
properly within the existing geographic area of employment.

In addition, the New York State University Police  are  requesting  this
legislation  to simply increase their geographic area of employment to a
radius of within one hundred miles of any such campus and other property
of the state university, 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 surround-
ing 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 proper-
ties,  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.
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