|SAME AS||SAME AS S07870-A|
|Amd §2.10, CP L|
|Relates to the jurisdiction of University of Rochester peace officers.|
|05/20/2016||referred to codes|
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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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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 ofEXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15530-01-6A. 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 has6 been arrested in accordance with section 140.27 of this chapter and when7 no local law enforcement officer is available for transporting such8 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 work13 at Strong Memorial Hospital shall only have the powers in section 9.4114 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. Provided16 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 committed19 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.