A10307 Summary:

BILL NOA10307
 
SAME ASSAME AS S07870-A
 
SPONSORBronson
 
COSPNSR
 
MLTSPNSR
 
Amd 2.10, CP L
 
Relates to the jurisdiction of University of Rochester peace officers.
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A10307 Actions:

BILL NOA10307
 
05/20/2016referred to codes
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A10307 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10307
 
SPONSOR: Bronson
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to the jurisdiction of University of Rochester peace officers   PURPOSE OF THE BILL: To establish the jurisdiction of University of Rochester peace officers to include within one hundred yards of University property in Monroe County and to apply University peace officer authority equally across all premises owned, controlled or administered by the University of Rochester within Monroe County.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill would amend the Criminal Procedure Law to estab- lish the jurisdiction of University of Rochester designated peace offi- cers to include within one hundred yards of property owned, controlled or administered by the University of Rochester within Monroe County and outside that jurisdiction when mutually agreed upon with the chief law enforcement officer for that jurisdiction. Paragraph (c) of subdivision 83 of section 2.20 of the criminal procedure law is removed to apply University of Rochester peace officer authority equally across all University grounds. Section 2 of the bill is the effective date.   EXISTING LAW: Criminal Procedure Law 2.10 authorizes an enumerated list of government and non-government entities which may designate peace officers. Subdivi- sion 83 of section 2.20 of criminal procedure law authorizes public safety officers employed by the University of Rochester to be designated as peace officers.   JUSTIFICATION: This bill would further improve public safety for the thousands of students, faculty, staff, patients, families, and visitors to the many educational institutions on the University of Rochester campus, includ- ing the University of Rochester Medical Center. A modest change of geographic jurisdiction will allow peace officers designated by the University of Rochester to appropriately and quickly respond to inci- dents occurring immediately adjacent to University property, which often involves members of the University community. The legislation will further improve the safety of the University community by authorizing peace officers designated by the University of Rochester to have consistent powers regardless of which building they are in within the campus. Current law limits University of Rochester peace officer powers within Strong Memorial Hospital only. Peace officers employed by the University are frequently assigned to different buildings on campus, and consistent application of authority will ensure the most timely and appropriate enforcement response. This bill would not expand the powers of University designated peace officers in any way, including permitting such officers to carry fire arms.   BUDGET IMPLICATIONS: None.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A10307 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10307
 
                   IN ASSEMBLY
 
                                      May 20, 2016
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the criminal procedure law, in relation to the jurisdic-
          tion of University of Rochester peace officers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  83 of section 2.10 of the criminal procedure
     2  law, as added by chapter 504 of the laws of 2012, is renumbered subdivi-
     3  sion 84 and amended to read as follows:
     4    84. (a) [Security services] Public safety  officers  employed  by  the
     5  University  of  Rochester  who  are  designated as peace officers by the
     6  board of trustees of the University of Rochester pursuant to  paragraphs
     7  (b), (c), and (d) [and (e)] of this subdivision; provided, however, that
     8  nothing  in this subdivision shall be deemed to authorize any such offi-
     9  cer to carry, possess, repair or dispose of a firearm unless the  appro-
    10  priate  license  therefor  has been issued pursuant to section 400.00 of
    11  the penal law.
    12    (b) For the protection of the grounds, buildings and property  of  the
    13  University  of Rochester, the prevention of crime and the enforcement of
    14  law and order, the board of trustees of the University of Rochester  may
    15  appoint  and  remove  such  number  of [security services] public safety
    16  officers designated as peace officers as is determined by the  board  of
    17  trustees  to be necessary for the maintenance of public order consistent
    18  with this subdivision.  Such  peace  officers  shall  comply  with  such
    19  requirements  as  shall  be  mutually  agreed upon between the chief law
    20  enforcement officers of the applicable local law  enforcement  jurisdic-
    21  tions  and  the  University  of  Rochester. Such University of Rochester
    22  peace officers so appointed shall be  employees  of  the  University  of
    23  Rochester and subject to its supervision and control. Such University of
    24  Rochester  peace officers shall have the powers of peace officers within
    25  the geographic area of employment of  the  grounds  or  premises  owned,
    26  controlled  or  administered  by  the University of Rochester within the
    27  county of Monroe [except as provided in paragraph (c) of  this  subdivi-
    28  sion;  provided,  however,  such peace officers shall have the powers of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15530-01-6

        A. 10307                            2

     1  peace officers], within one hundred yards of such grounds  or  premises,
     2  including  any  public  street  and sidewalk, and beyond such geographic
     3  area [upon the request of] as mutually agreed upon between the chief law
     4  enforcement  officer of the local law enforcement jurisdiction or his or
     5  her designee[, for the purpose of transporting  an  individual  who  has
     6  been arrested in accordance with section 140.27 of this chapter and when
     7  no  local  law  enforcement  officer  is available for transporting such
     8  individual in a timely manner] and the University of  Rochester  and  if
     9  the  university determines exercise of its peace officer powers is for a
    10  purpose related to the safety of the university, its  students  and  the
    11  university community.
    12    (c)  [University  of Rochester peace officers who are assigned to work
    13  at Strong Memorial Hospital shall only have the powers in  section  9.41
    14  of  the  mental hygiene law and the powers listed in paragraphs (a), (c)
    15  and (h) of subdivision one of section 2.20  of  this  article.  Provided
    16  that in order to exercise the power set forth in paragraph (a) of subdi-
    17  vision one of section 2.20 of this article, the officer has actual know-
    18  ledge,  or probable cause to believe, that such individual has committed
    19  an offense.
    20    (d)] The University of  Rochester  shall  provide  legal  defense  and
    21  indemnification  to applicable municipality and its officers and employ-
    22  ees, and hold them harmless, against all claims arising out  of  conduct
    23  by  or  injury  to  such peace officers while carrying out their special
    24  duties, except in those situations when they are acting as agents of the
    25  chief law enforcement officer of the applicable  local  law  enforcement
    26  jurisdiction or his or her designee.
    27    [(e)]  (d)  To  become  eligible  for  designation  as a University of
    28  Rochester peace officer, a candidate shall, in addition to the  training
    29  requirements  as set forth in section 2.30 of this article, complete the
    30  course of instruction in public and private law enforcement  established
    31  pursuant  to subdivision three of section sixty-four hundred thirty-five
    32  of the education law.
    33    § 2. This act shall take effect immediately.
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