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S04707 Summary:

BILL NOS04707A
 
SAME ASNo Same As
 
SPONSORSTAVISKY
 
COSPNSRBYNOE, GALLIVAN, HARCKHAM, HINCHEY, JACKSON, SCARCELLA-SPANTON
 
MLTSPNSR
 
Amd §355, Ed L; amd §1.20, rpld §1.20 sub 34-a ¶(d), CP L; amd §211, R & SS L
 
Expands 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.
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S04707 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4707--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 11, 2025
                                       ___________
 
        Introduced  by Sens. STAVISKY, BYNOE, GALLIVAN, HARCKHAM, HINCHEY, JACK-
          SON, SCARCELLA-SPANTON -- read twice and  ordered  printed,  and  when
          printed to be committed to the Committee on Higher Education -- recom-
          mitted  to the Committee on Higher Education in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03027-04-6

        S. 4707--A                          2
 
     1  and  finds  that  it  is possible for a central police command to manage
     2  diverse campus needs.
     3    §  2.    Paragraph  l of subdivision 2 of section 355 of the education
     4  law, as amended by chapter 424 of the laws of 1998, is amended  to  read
     5  as follows:
     6    l. To appoint a commissioner of state university police who shall be a
     7  sworn member of the state university police [officers who shall have the
     8  powers  of  police  officers]  and  to remove such commissioner of state
     9  university police [officers] at pleasure; provided,  however,  that  any
    10  person  appointed  [a] as commissioner of state university police [offi-
    11  cer] must have satisfactorily completed or complete within one  year  of
    12  the  date of [his] such person's appointment a course of law enforcement
    13  training approved by the municipal police training council [in consulta-
    14  tion with the university.  It shall be the duty of such police  officers
    15  to  preserve  law  and  order  on the campuses and other property of the
    16  university, including any portion of a public highway which  crosses  or
    17  abuts such property].  The commissioner of state university police shall
    18  have  the  authority  to appoint university police officers. The commis-
    19  sioner of state university police shall have supervisory and administra-
    20  tive authority over all university police officers in the state  of  New
    21  York.  Notwithstanding  any  other  provision  of law, there shall be no
    22  further appointments in the state university police to chief of  police,
    23  assistant  chief  of  police,  deputy chief of police, inspector, or any
    24  other unclassified service or professional service position.
    25    [Subject to the approval of the  chancellor,  the  president  of  each
    26  state-operated  campus  of the] State university police may only operate
    27  off-campus pursuant to a written agreement between the  commissioner  of
    28  the  state  university  [shall]  police  [enter into a written agreement
    29  with] and adjoining law enforcement agencies establishing protocols  for
    30  the  exercise  of authority by such university police [officer] officers
    31  off-campus, including but not limited to mutual aid  [and],  assistance,
    32  and  off-campus  events.  Such  written agreement may be amended as both
    33  parties agree. Such written protocols shall not be deemed  to  supersede
    34  the  authority  of  other police officers.  The provisions of this para-
    35  graph shall not apply to any of  the  state  institutions  and  property
    36  referred to in section five thousand seven hundred nine of this chapter.
    37    §  3.  Paragraph (s) of subdivision 34 of section 1.20 of the criminal
    38  procedure law, as amended by section 13 of part BBB of chapter 59 of the
    39  laws of 2021, is amended to read as follows:
    40    (s) A [university police officer appointed  by  the  state  university
    41  pursuant  to  paragraph  1  of  subdivision two of section three hundred
    42  fifty-five of the education law where such department or force is certi-
    43  fied in accordance with paragraph (d)  of  subdivision  one  of  section
    44  eight  hundred  forty-six-h  of  the  executive law] sworn member of the
    45  state university police;
    46    § 4. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
    47  procedure law, as amended by chapter 428 of the laws of 1999, is amended
    48  to read as follows:
    49    (a) [Except as provided in paragraph (d)  of  this  subdivision,]  New
    50  York  state  constitutes  the  "geographical  area of employment" of any
    51  police officer employed as such by an agency  of  the  state  or  by  an
    52  authority  which  functions  throughout  the  state, or a police officer
    53  designated by the superintendent of state police pursuant to section two
    54  hundred twenty-three of the executive law;

        S. 4707--A                          3
 
     1    § 5. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
     2  procedure law, as amended by chapter 424 of the laws of 1998, is amended
     3  to read as follows:
     4    (a)  [Except as provided in paragraph (d),] New York state constitutes
     5  the "geographical area of employment" of any police officer employed  as
     6  such  by  an  agency  of  the  state  or by an authority which functions
     7  throughout the state;
     8    § 6. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal
     9  procedure law is REPEALED.
    10    § 7. Subparagraph 6 of paragraph (a) of subdivision 2 of  section  211
    11  of  the retirement and social security law, as amended by chapter 753 of
    12  the laws of 1976, is amended to read as follows:
    13    (6) the chancellor of  state  university  if  such  person  is  to  be
    14  employed  in  the  unclassified  service  of the state university of New
    15  York, or in the professional service at the state colleges  of  agricul-
    16  ture,  home  economics,  veterinary  medicine  or  industrial  and labor
    17  relations, the state agricultural experiment station at  Geneva  or  any
    18  other  institution or agency under the management and control of Cornell
    19  university as representative of the board of trustees of state universi-
    20  ty of New York, or at the state college of ceramics under the management
    21  and control of Alfred university as representative of the board of trus-
    22  tees of state university of New York or in the unclassified service of a
    23  community college other than those in the city of New York, unless  such
    24  person  is to be employed as the commissioner of state university police
    25  or as a university police officer; or
    26    § 8. This act shall take effect on the first of January next  succeed-
    27  ing  the  date  on  which it shall have become a law; provided, however,
    28  that the amendments to paragraph (a) of subdivision 34-a of section 1.20
    29  of the criminal procedure law made by section four of this act shall  be
    30  subject  to  the  expiration and reversion of such paragraph pursuant to
    31  section 3 of chapter 428 of the laws of 1999, as amended, when upon such
    32  date the provisions of section five of this act shall take effect.
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