S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3994

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                     April 7, 2009
                                      ___________

       Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education

       AN ACT to amend the education law, in relation to reporting of  bias-re-
         lated incidents on state university campuses

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph l of subdivision 2 of section 355 of  the  educa-
    2  tion  law,  as amended by chapter 424 of the laws of 1998, is amended to
    3  read as follows:
    4    1. To appoint university police officers who shall have the powers  of
    5  police  officers  and  to  remove  such  police  officers  at  pleasure;
    6  provided, however, that any person appointed a police officer must  have
    7  satisfactorily  completed or complete within one year of the date of his
    8  appointment a course of law enforcement training approved by the munici-
    9  pal police training council in consultation with  the  university.    It
   10  shall  be  the duty of such police officers to preserve law and order on
   11  the campuses and other property of the university, including any portion
   12  of a public highway which crosses or abuts such property.   IT SHALL  BE
   13  THE  DUTY  OF  SUCH  PEACE  OFFICERS  TO  IMMEDIATELY NOTIFY COLLEGE AND
   14  UNIVERSITY PERSONNEL THAT A BIAS-RELATED OFFENSE MAY HAVE BEEN COMMITTED
   15  UPON ANY STUDENT OR ON ANY PERSON ON THE CAMPUS OR OTHER COLLEGE PROPER-
   16  TY. Subject to the approval of the chancellor,  the  president  of  each
   17  state-operated campus of the state university shall enter into a written
   18  agreement with adjoining law enforcement agencies establishing protocols
   19  for the exercise of authority by such university police officer off-cam-
   20  pus,  including  mutual aid and assistance. Such written protocols shall
   21  not be deemed to supersede the authority of other police officers.   The
   22  provisions  of this paragraph shall not apply to any of the state insti-
   23  tutions and property referred to in section five thousand seven  hundred
   24  nine  of  this chapter.  FOR THE PURPOSES OF THIS SECTION, "BIAS-RELATED
   25  OFFENSE" SHALL MEAN ANY  CRIMINAL  ACT  WHETHER  ACTUAL,  THREATENED  OR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00290-01-9
       S. 3994                             2

    1  ATTEMPTED  DIRECTED  AT AN INDIVIDUAL BECAUSE OF HIS ACTUAL OR PERCEIVED
    2  RACE, CREED, COLOR, RELIGION, RELIGIOUS  PRACTICE,  ETHNICITY,  NATIONAL
    3  ORIGIN, DISABILITY, AGE, GENDER OR SEXUAL ORIENTATION.
    4    S 2. This act shall take effect immediately.