Amd §355, Ed L; amd §1.20, rpld §1.20 sub 34-a ¶(d), CP L; amd §211, R & SS L
Relates to expanding the geographic area of employment of state university police officers, the centralization of the state university police by appointing a commissioner of state university police, and hiring of state university police officers.
STATE OF NEW YORK
________________________________________________________________________
5887
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. McMAHON -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, the criminal procedure law and the
retirement and social security law, in relation to the geographic
area of employment of state university police officers, centralization
of the state university police, and hiring of state university police
officers; and to repeal paragraph (d) of subdivision 34-a of section
1.20 of the criminal procedure law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that maintaining a safe environment for individuals studying on
3 the campuses of the state university of New York is of critical impor-
4 tance, and that a well trained and well organized campus police force is
5 vital to ensure that safety. The legislature also finds that the current
6 structure of the campus police force at the state university is ineffi-
7 cient, subject to an excessive and unpredictable management salary
8 structure, and does not ensure an equal level of security and protection
9 at the many campuses across the state. The intent of this act is to
10 create a system of police organization at the state university that
11 borrows the lessons learned by other successful police forces, such as
12 the New York state police, and creates a unified and clear rank and file
13 and command structure that empowers individuals with law enforcement
14 experience to make decisions based on current law enforcement best prac-
15 tices and in the best interest of public safety. The legislature
16 acknowledges the individual character and physical layout of each campus
17 and finds that it is possible for a central police command to manage
18 diverse campus needs.
19 § 2. Paragraph l of subdivision 2 of section 355 of the education
20 law, as amended by chapter 424 of the laws of 1998, is amended to read
21 as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03027-03-5
A. 5887 2
1 l. To appoint a commissioner of state university police who shall be a
2 sworn member of the state university police [officers who shall have the
3 powers of police officers] and to remove such commissioner of state
4 university police [officers] at pleasure; provided, however, that any
5 person appointed [a] as commissioner of state university police [offi-
6 cer] must have satisfactorily completed or complete within one year of
7 the date of [his] such person's appointment a course of law enforcement
8 training approved by the municipal police training council [in consulta-
9 tion with the university. It shall be the duty of such police officers
10 to preserve law and order on the campuses and other property of the
11 university, including any portion of a public highway which crosses or
12 abuts such property]. The commissioner of state university police shall
13 have the authority to appoint university police officers. The commis-
14 sioner of state university police shall have supervisory and administra-
15 tive authority over all university police officers in the state of New
16 York. Notwithstanding any other provision of law, there shall be no
17 further appointments in the state university police to chief of police,
18 assistant chief of police, deputy chief of police, inspector, or any
19 other unclassified service or professional service position.
20 Subject to the approval of the chancellor, the [president of each
21 state-operated campus of the] commissioner of state university [shall]
22 police may enter into a written agreement with adjoining law enforcement
23 agencies establishing protocols for the exercise of authority by such
24 university police officer off-campus, including mutual aid and assist-
25 ance. Such written protocols shall not be deemed to supersede the
26 authority of other police officers. The provisions of this paragraph
27 shall not apply to any of the state institutions and property referred
28 to in section five thousand seven hundred nine of this chapter.
29 § 3. Paragraph (s) of subdivision 34 of section 1.20 of the criminal
30 procedure law, as amended by section 13 of part BBB of chapter 59 of the
31 laws of 2021, is amended to read as follows:
32 (s) A [university police officer appointed by the state university
33 pursuant to paragraph 1 of subdivision two of section three hundred
34 fifty-five of the education law where such department or force is certi-
35 fied in accordance with paragraph (d) of subdivision one of section
36 eight hundred forty-six-h of the executive law] sworn member of the
37 state university police;
38 § 4. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
39 procedure law, as amended by chapter 428 of the laws of 1999, is amended
40 to read as follows:
41 (a) [Except as provided in paragraph (d) of this subdivision,] New
42 York state constitutes the "geographical area of employment" of any
43 police officer employed as such by an agency of the state or by an
44 authority which functions throughout the state, or a police officer
45 designated by the superintendent of state police pursuant to section two
46 hundred twenty-three of the executive law;
47 § 5. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
48 procedure law, as amended by chapter 424 of the laws of 1998, is amended
49 to read as follows:
50 (a) [Except as provided in paragraph (d),] New York state constitutes
51 the "geographical area of employment" of any police officer employed as
52 such by an agency of the state or by an authority which functions
53 throughout the state;
54 § 6. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal
55 procedure law is REPEALED.
A. 5887 3
1 § 7. Subparagraph 6 of paragraph (a) of subdivision 2 of section 211
2 of the retirement and social security law, as amended by chapter 753 of
3 the laws of 1976, is amended to read as follows:
4 (6) the chancellor of state university if such person is to be
5 employed in the unclassified service of the state university of New
6 York, or in the professional service at the state colleges of agricul-
7 ture, home economics, veterinary medicine or industrial and labor
8 relations, the state agricultural experiment station at Geneva or any
9 other institution or agency under the management and control of Cornell
10 university as representative of the board of trustees of state universi-
11 ty of New York, or at the state college of ceramics under the management
12 and control of Alfred university as representative of the board of trus-
13 tees of state university of New York or in the unclassified service of a
14 community college other than those in the city of New York, unless such
15 person is to be employed as the commissioner of state university police
16 or as a university police officer; or
17 § 8. This act shall take effect on the first of January next succeed-
18 ing the date on which it shall have become a law; provided, however,
19 that the amendments to paragraph (a) of subdivision 34-a of section 1.20
20 of the criminal procedure law made by section four of this act shall be
21 subject to the expiration and reversion of such paragraph pursuant to
22 section 3 of chapter 428 of the laws of 1999, as amended, when upon such
23 date the provisions of section five this act shall take effect.
