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A01770 Summary:

BILL NOA01770
 
SAME ASSAME AS S03192
 
SPONSORZebrowski
 
COSPNSRLupardo
 
MLTSPNSR
 
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 agencies".
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A01770 Memo:

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.
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A01770 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1770
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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.
                                                                   LBD00519-01-5
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