A01770 Summary:

BILL NO    A01770 

SAME AS    SAME AS S03192

SPONSOR    Zebrowski (MS)

COSPNSR    Lupardo

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:

BILL NUMBER:A1770

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
Executive Law to include peace  officers  at  the  community  colleges
operating under the program of the State University of New York within
the  definition  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
apprehension  with  respect to the commission of offenses within their
geographical 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:

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

                                         1770

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S 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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