Bill Text: NY A05687 | 2019-2020 | General Assembly | Introduced

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Bill Title: Designates as peace officers, members of the security force of Alfred University.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A05687 Detail]

Download: New_York-2019-A05687-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5687
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2019
                                       ___________
        Introduced  by M. of A. GIGLIO, LAWRENCE, McDONOUGH, B. MILLER -- Multi-
          Sponsored by -- M. of A. MORINELLO -- 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 85 to read as follows:
     3    85. (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),
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06955-01-9
        A. 5687                             2
     1  (d),  and (e) of this subdivision. Alfred university shall provide legal
     2  defense and indemnification, and hold harmless the village of Alfred and
     3  its officers and employees, against all claims arising out of conduct by
     4  or  injury  to  such  peace  officers  while  carrying out their special
     5  duties, except in those situations when they are acting as agents of the
     6  chief of the Alfred village police department or his or her designee.
     7    (c) Alfred university peace officers shall have the  powers  of  peace
     8  officers  beyond  such  geographic area provided for in paragraph (b) of
     9  this subdivision for the purpose of transporting an individual  who  has
    10  been arrested in accordance with section 140.27 of this chapter and when
    11  no  local  law  enforcement  officer  is available for transporting such
    12  individual in a timely manner.
    13    (d) Alfred university peace officers shall have the  powers  of  peace
    14  officers  beyond  such  geographic area provided for in paragraph (b) of
    15  this subdivision for the purpose of  transporting  an  individual  under
    16  section 9.41 of the mental hygiene law and when no local law enforcement
    17  officer  is  available  for  transporting  such  individual  in a timely
    18  manner.
    19    (e) Alfred university peace officers shall have the  powers  of  peace
    20  officers  beyond  such  geographic area provided for in paragraph (b) of
    21  this subdivision for the purpose of  transporting  an  individual  to  a
    22  hospital  as defined by article twenty-eight of the public health law in
    23  the case of an emergency and when no local law  enforcement  officer  is
    24  available to transport such individual in a timely manner.
    25    (f)  To  become eligible for designation as an Alfred university peace
    26  officer, a candidate shall, in addition to the training requirements  as
    27  set  forth  in  section  2.30  of  this  article, complete the course of
    28  instruction in public and private law enforcement  established  pursuant
    29  to  subdivision  three  of section sixty-four hundred thirty-five of the
    30  education law.
    31    § 2. This act shall take effect on the one hundred twentieth day after
    32  it shall have become a law.