BILL NO A01770
SAME AS S03192
Amd S835, Exec L
Includes peace officers at community colleges operating under the program of
the state university of New York within the definition of the term "qualified
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1770
SPONSOR: Zebrowski (MS)
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 Execu-
tive Law to include peace officers at the community colleges operating
under the program of the State University of New York within the defi-
nition 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 apprehen-
sion with respect to the commission of offenses within their geograph-
ical 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: A1284 of 2013-2014, A.2079 of 2011-12,
A.10787 of 2010.
FISCAL IMPLICATIONS FOR STATE: None to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
2015-2016 Regular Sessions
January 12, 2015
Introduced by M. of A. ZEBROWSKI, LUPARDO -- read once and referred to
the Committee on Codes
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:
1 Section 1. Subdivision 9 of section 835 of the executive law, as sepa-
2 rately amended by chapters 14 and 155 of the laws of 2012, is amended to
3 read as follows:
4 9. "Qualified agencies" means courts in the unified court system, the
5 administrative board of the judicial conference, probation departments,
6 sheriffs' offices, district attorneys' offices, the state department of
7 corrections and community supervision, the department of correction of
8 any municipality, the financial frauds and consumer protection unit of
9 the state department of financial services, the office of professional
10 medical conduct of the state department of health for the purposes of
11 section two hundred thirty of the public health law, the child protec-
12 tive services unit of a local social services district when conducting
13 an investigation pursuant to subdivision six of section four hundred
14 twenty-four of the social services law, the office of Medicaid inspector
15 general, the temporary state commission of investigation, police forces
16 and departments having responsibility for enforcement of the general
17 criminal laws of the state, peace officers at community colleges operat-
18 ing under the program of the state university of New York, the Onondaga
19 County Center for Forensic Sciences Laboratory when acting within the
20 scope of its law enforcement duties and the division of forensic
21 services of the Nassau county medical examiner's office when acting
22 within the scope of its law enforcement duties.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.