Bill Text: NY A05433 | 2019-2020 | General Assembly | Amended


Bill Title: Designates, as peace officers, public safety officers of the Chautauqua Institution within the grounds of and properties owned by the Chautauqua Institution.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A05433 Detail]

Download: New_York-2019-A05433-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5433--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 12, 2019
                                       ___________

        Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
          tee on Codes -- recommitted to the Committee on  Codes  in  accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee

        AN ACT to amend the criminal procedure law, in relation to peace officer
          status of public safety officers of the Chautauqua Institution  within
          the grounds of and properties owned by the Chautauqua Institution

          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)  Public safety officers of the Chautauqua Institution who are
     4  designated as peace officers by the board of trustees of the  Chautauqua
     5  Institution  pursuant  to  paragraphs (b), (c), and (d) of this subdivi-
     6  sion; provided, however, that  nothing  in  this  subdivision  shall  be
     7  deemed  to  authorize  any  such  officer  to  carry, possess, repair or
     8  dispose of a firearm unless the appropriate license  therefor  has  been
     9  issued pursuant to section 400.00 of the penal law.
    10    (b)  For  the protection of the grounds, buildings and property of the
    11  Chautauqua Institution, the prevention of crime and the  enforcement  of
    12  law  and  order, the board of trustees of the Chautauqua Institution may
    13  appoint and remove such number of public safety officers  designated  as
    14  peace officers as is determined by the board of trustees to be necessary
    15  for  the  maintenance  of public order consistent with this subdivision.
    16  Such Chautauqua Institution peace officers so appointed shall be employ-
    17  ees of the Chautauqua Institution and subject  to  its  supervision  and
    18  control.  Such  Chautauqua  Institution  peace  officers  shall have the
    19  powers of peace officers within the geographic area of employment on the
    20  grounds or premises owned, controlled or administered by the  Chautauqua

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09287-11-0

        A. 5433--B                          2

     1  Institution  within  the  county of Chautauqua, on any public street and
     2  sidewalk that abuts the grounds, buildings or property of the Chautauqua
     3  Institution, and beyond such geographic area upon  the  request  of  the
     4  sheriff of Chautauqua County, or his or her designee, for the purpose of
     5  transporting  an  individual  who  has  been arrested in accordance with
     6  section 140.27 of this chapter and when no local law enforcement officer
     7  is available for transporting such individual in a timely manner.
     8    (c) The Chautauqua Institution shall provide legal defense and  indem-
     9  nification  to applicable municipalities and its officers and employees,
    10  and hold them harmless, against all claims arising out of conduct by  or
    11  injury  to  such peace officers while carrying out their special duties,
    12  except in those situations when they are acting as agents of  the  Chau-
    13  tauqua County sheriff or his or her designee.
    14    (d)  To  become  eligible  for designation as a Chautauqua Institution
    15  peace officer, a candidate shall, at a  minimum,  successfully  complete
    16  the New York state basic course for peace officers with firearms and any
    17  other requirements as set forth in section 2.30 of this article.
    18    § 2. This act shall take effect immediately.
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