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A08396 Summary:

BILL NOA08396
 
SAME ASNo Same As
 
SPONSORGiglio JM
 
COSPNSR
 
MLTSPNSR
 
Amd 2.10, CP L
 
Designates as peace officers, members of the security force of Alfred University.
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A08396 Actions:

BILL NOA08396
 
10/20/2021referred to codes
01/05/2022referred to codes
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A08396 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8396
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 20, 2021
                                       ___________
 
        Introduced  by  M.  of  A. J. M. GIGLIO -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the criminal procedure law, in relation  to  designating
          members of the security force of Alfred university as peace officers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 2.10 of the criminal procedure law  is  amended  by
     2  adding a new subdivision 86 to read as follows:
     3    86.  (a)  Security services officers employed by Alfred university who
     4  are designated as peace officers by the president of  Alfred  university
     5  pursuant  to  paragraphs (b), (c), (d), (e) and (f) of this subdivision;
     6  provided, however, that nothing in this subdivision shall be  deemed  to
     7  authorize  any  such  officer  to carry, possess, repair or dispose of a
     8  firearm unless the appropriate license therefor has been issued pursuant
     9  to section 400.00 of the penal law.
    10    (b) For the protection of  the  grounds,  buildings  and  property  of
    11  Alfred  university,  the  prevention of crime and the enforcement of law
    12  and order, the president of Alfred university, subject  to  approval  by
    13  the  chief  of  the  Alfred  village  police department, may appoint and
    14  remove such number of security services  officers  designated  as  peace
    15  officers as is determined by the president to be necessary for the main-
    16  tenance  of  public  order  consistent with this subdivision. Such peace
    17  officers shall comply with such requirements as shall be mutually agreed
    18  upon between the chief of  the  Alfred  village  police  department  and
    19  Alfred  university.   Such Alfred university peace officers so appointed
    20  shall be employees of Alfred university and subject to  its  supervision
    21  and control. Such Alfred university peace officers shall have the powers
    22  of  peace  officers  within  the  geographic  area  of employment of the
    23  grounds or premises owned, controlled, or administered by Alfred univer-
    24  sity within the county of Allegany except as provided in paragraphs (c),
    25  (d), and (e) of this subdivision. Alfred university shall provide  legal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13251-01-1

        A. 8396                             2
 
     1  defense and indemnification, and hold harmless the village of Alfred and
     2  its officers and employees, against all claims arising out of conduct by
     3  or  injury  to  such  peace  officers  while  carrying out their special
     4  duties, except in those situations when they are acting as agents of the
     5  chief of the Alfred village police department or his or her designee.
     6    (c)  Alfred  university  peace officers shall have the powers of peace
     7  officers beyond such geographic area provided for in  paragraph  (b)  of
     8  this  subdivision  for the purpose of transporting an individual who has
     9  been arrested in accordance with section 140.27 of this chapter and when
    10  no local law enforcement officer  is  available  for  transporting  such
    11  individual in a timely manner.
    12    (d)  Alfred  university  peace officers shall have the powers of peace
    13  officers beyond such geographic area provided for in  paragraph  (b)  of
    14  this  subdivision  for  the  purpose of transporting an individual under
    15  section 9.41 of the mental hygiene law and when no local law enforcement
    16  officer is available  for  transporting  such  individual  in  a  timely
    17  manner.
    18    (e)  Alfred  university  peace officers shall have the powers of peace
    19  officers beyond such geographic area provided for in  paragraph  (b)  of
    20  this  subdivision  for  the  purpose  of transporting an individual to a
    21  hospital as defined by article twenty-eight of the public health law  in
    22  the  case  of  an emergency and when no local law enforcement officer is
    23  available to transport such individual in a timely manner.
    24    (f) To become eligible for designation as an Alfred  university  peace
    25  officer,  a candidate shall, in addition to the training requirements as
    26  set forth in section 2.30  of  this  article,  complete  the  course  of
    27  instruction  in  public and private law enforcement established pursuant
    28  to subdivision three of section sixty-four hundred  thirty-five  of  the
    29  education law.
    30    § 2. This act shall take effect on the one hundred twentieth day after
    31  it shall have become a law.
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