NY State Senate Bill 2011-S4316

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	print number 4316a
Mar 12, 2012	amend and recommit to codes
Jan 04, 2012	referred to codes
Mar 29, 2011	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S4316 - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, rpld sub 34-a ¶(d), CP L; amd §355, Ed L
Versions Introduced in 2009-2010 Legislative Session:: S4302

2011-S4316 - Summary

Expands the geographical area of employment of university police officers.

2011-S4316 - Sponsor Memo

                                BILL NUMBER:S4316              REVISED 01/17/12

TITLE OF BILL:
An act
to amend the criminal procedure law and the education law, in relation
to expanding the geographical area of employment of university police
officers; and to repeal paragraph (d) of subdivision 34-a of section
1.20 of the criminal procedure law relating thereto

PURPOSE:
To extend the jurisdiction, as it pertains to infractions and
violations, of New York State University Police Officers from State
University of New York property to all geographic areas within New
York State.

SUMMARY OF PROVISIONS:
Section 1. Amends paragraph (a) of Subdivision
34-a of Section 1.20 of the Criminal Procedure Law to provide that
the geographical area of employment not only includes the campus but
all geographic areas of New York State.
Section 2. Amends paragraph (a) of subdivision 34-a of section 1.20 of
the Criminal Procedure Law
Section 3. Paragraph (d) of subdivision 34--a of section 1.20 of
the CPL is repealed.
Section 4. Amends paragraph 1 of subdivision 2 of section 355 of the
education law.

Section 5. Effective date.

JUSTIFICATION:
University Police is the only Agency Law Enforcement
Services Unit, which includes the University Police, New York State
Environmental Conservation Police, the New York State Forest Rangers
and the New York State Park Police, that does not have the power to
enforce infractions and violations outside of their geographic area
of employment. This anomaly creates a situation that significantly
undermines the officers' credibility, legitimacy and ability to
perform their duties properly within the existing geographic area of
employment.
In addition, the New York State University Police are requesting this
legislation to simply increase their geographic area of employment to
all areas of New York State, as a measure to legitimize and augment
their ability to lend supplemental support to neighboring law
enforcement
agencies and provide support statewide in the event of natural
disasters such as Hurricane Irene or other emergency deployments.
This legislation would also enable New York State University Police
to provide immediate police action and protect life and property in
rare occasions where assistance is requested by citizens of
surrounding areas.

Finally, many New York universities and colleges are growing. The need
for additional space to accommodate this growth has resulted in the
acquisition of satellite properties not geographically connected to
campus centers. Under current law, while traveling between these
proper ties, NYS University Police Officers are statutorily limited


and must ignore all violations and infractions occurring in their
presence.

LEGISLATIVE HISTORY:
2007-2008: S.7977/A.11205
A.4940-B of 2009-10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S4316 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4316

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 29, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law and  the  education  law,  in
  relation to expanding the geographical area of employment of universi-
  ty 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:

  Section 1. Paragraph (a) of subdivision 34-a of section  1.20  of  the
criminal  procedure  law, as amended by chapter 428 of the laws of 1999,
is amended to read as follows:
  (a) [Except as provided in paragraph (d)  of  this  subdivision,]  New
York  state  constitutes  the  "geographical  area of employment" of any
police officer employed as such by an agency  of  the  state  or  by  an
authority  which  functions  throughout  the  state, or a police officer
designated by the superintendent of state police pursuant to section two
hundred twenty-three of the executive law;
  S 2. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
procedure law, as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
  (a) [Except as provided in paragraph (d),] New York state  constitutes
the  "geographical area of employment" of any police officer employed as
such by an agency of the  state  or  by  an  authority  which  functions
throughout the state;
  S 3. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal
procedure law is REPEALED.
  S 4. Paragraph l of subdivision 2 of section 355 of the education law,
as  amended  by  chapter  424 of the laws of 1998, is amended to read as
follows:
  l. To appoint university police officers who shall have the powers  of
police  officers  and  to  remove  such  police  officers  at  pleasure;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09502-01-1

S. 4316                             2

provided, however, that any person appointed a police officer must  have
satisfactorily  completed or complete within one year of the date of his
appointment a course of law enforcement training approved by the munici-
pal  police  training  council in consultation with the university.  [It
shall be the duty of such police officers to preserve law and  order  on
the campuses and other property of the university, including any portion
of a public highway which crosses or abuts such property.]
  Subject  to  the  approval  of  the  chancellor, the president of each
state-operated campus of the state university shall enter into a written
agreement with adjoining law enforcement agencies establishing protocols
for the exercise of authority by such university police officer off-cam-
pus, including mutual aid and assistance. Such written  protocols  shall
not  be deemed to supersede the authority of other police officers.  The
provisions of this paragraph shall not apply to any of the state  insti-
tutions  and property referred to in section five thousand seven hundred
nine of this chapter.
  S 5.  This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 34-a of section 1.20 of the crimi-
nal procedure law made by section one of this act shall  be  subject  to
the  expiration and reversion of such paragraph pursuant to section 3 of
chapter 428 of the laws of 1999, as amended, when  upon  such  date  the
provisions of section two of this act shall take effect.

co-Sponsors

2011-S4316A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, rpld sub 34-a ¶(d), CP L; amd §355, Ed L
Versions Introduced in 2009-2010 Legislative Session:: S4302

2011-S4316A (ACTIVE) - Summary

Expands the geographical area of employment of university police officers.

2011-S4316A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4316A

TITLE OF BILL:
An act to amend the criminal procedure law and the education law, in
relation to expanding the geographical area of employment of university
police officers; and to repeal paragraph (d) of subdivision 34-a of
section 1.20 of the criminal procedure law relating thereto

PURPOSE:
To extend the jurisdiction, as it pertains to infractions and
violations, of New York State University Police Officers from State
University of New York property to all geographic areas within New York
State.

SUMMARY OF PROVISIONS:
Section 1. Amends paragraph (a) of Subdivision 34-a of Section 1.20 of
the Criminal Procedure Law to provide that the geographical area of
employment not only includes the campus but all geographic areas of New
York State.
Section 2. Amends paragraph (a) of subdivision 34-a of section 1.20 of
the Criminal Procedure Law
Section 3. Paragraph (d) of subdivision 34--a of section 1.20 of the CPL
is repealed.
Section 4. Amends paragraph 1 of subdivision 2 of section 355 of the
education law.
Section 5. Effective date.

JUSTIFICATION:
University Police is the only Agency Law Enforcement Services Unit,
which includes the University Police, New York State Environmental
Conservation Police, the New York State Forest Rangers and the New York
State Park Police, that does not have the power to enforce infractions
and violations outside of their geographic area of employment. This
anomaly creates a situation that significantly undermines the officers'
credibility, legitimacy and ability to perform their duties properly
within the existing geographic area of employment.  In addition, the New
York State University police are requesting this legislation to simply
increase their geographic area of employment to all areas of New York
State, as a measure to legitimize and augment their ability to lend
supplemental support to neighboring law enforcement agencies and provide
support statewide in the event of natural disasters such as Hurricane
Irene or other emergency deployments.

This legislation would also enable New York State University Police to
provide immediate police action and protect' life and property in rare
occasions where assistance is requested by citizens of surrounding
areas.

Finally, many New York universities and colleges are growing. The need
for additional space to accommodate this growth has resulted in the
acquisition of satellite properties not geographically connected to

campus centers. Under current law, while traveling between these proper
ties, NYS University Police Officers are statutorily limited and must
ignore all violations and infractions occurring in their presence.

LEGISLATIVE HISTORY:
2007-08: S.7977/A.11205 2009-10: A.4940B

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S4316A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4316--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 29, 2011
                               ___________

Introduced  by Sens. GOLDEN, GALLIVAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes  --  recom-
  mitted  to  the  Committee  on Codes 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 criminal procedure law and the education law, in
  relation to expanding the geographical area of employment of universi-
  ty 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:

  Section  1.  Paragraph  (a) of subdivision 34-a of section 1.20 of the
criminal procedure law, as amended by chapter 428 of the laws  of  1999,
is amended to read as follows:
  (a)  [Except  as  provided  in paragraph (d) of this subdivision,] New
York state constitutes the "geographical  area  of  employment"  of  any
police  officer  employed  as  such  by  an agency of the state or by an
authority which functions throughout the  state,  or  a  police  officer
designated by the superintendent of state police pursuant to section two
hundred twenty-three of the executive law, OR A POLICE OFFICER APPOINTED
BY THE STATE UNIVERSITY OF NEW YORK;
  S 2. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
procedure law, as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
  (a)  [Except as provided in paragraph (d),] New York state constitutes
the "geographical area of employment" of any police officer employed  as
such  by  an  agency  of  the  state  or by an authority which functions
throughout the state OR APPOINTED BY THE STATE UNIVERSITY OF NEW YORK;
  S 3. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal
procedure law is REPEALED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09502-03-2

S. 4316--A                          2

  S 4. Paragraph l of subdivision 2 of section 355 of the education law,
as amended by chapter 424 of the laws of 1998, is  amended  to  read  as
follows:
  l.  To appoint university police officers who shall have the powers of
police  officers  and  to  remove  such  police  officers  at  pleasure;
provided,  however, that any person appointed a police officer must have
satisfactorily completed or complete within one year of the date of  his
appointment a course of law enforcement training approved by the munici-
pal  police  training  council in consultation with the university.  [It
shall be the duty of such police officers to preserve law and  order  on
the campuses and other property of the university, including any portion
of a public highway which crosses or abuts such property.]
  Subject  to  the  approval  of  the  chancellor, the president of each
state-operated campus of the state university shall enter into a written
agreement with adjoining law enforcement agencies establishing protocols
for the exercise of authority by such university police officer off-cam-
pus, including mutual aid and assistance. Such written  protocols  shall
not  be deemed to supersede the authority of other police officers.  The
provisions of this paragraph shall not apply to any of the state  insti-
tutions  and property referred to in section five thousand seven hundred
nine of this chapter.
  S 5.  This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 34-a of section 1.20 of the crimi-
nal procedure law made by section one of this act shall  be  subject  to
the  expiration and reversion of such paragraph pursuant to section 3 of
chapter 428 of the laws of 1999, as amended, when  upon  such  date  the
provisions of section two of this act shall take effect.

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Senate Bill S4316

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2011-S4316 - Details

2011-S4316 - Summary

2011-S4316 - Sponsor Memo

2011-S4316 - Bill Text download pdf

co-Sponsors

2011-S4316A (ACTIVE) - Details

2011-S4316A (ACTIVE) - Summary

2011-S4316A (ACTIVE) - Sponsor Memo

2011-S4316A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4316

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Patrick M. Gallivan

2011-S4316 - Details

2011-S4316 - Summary

2011-S4316 - Sponsor Memo

2011-S4316 - Bill Text download pdf

co-Sponsors

John J. Bonacic

Patrick M. Gallivan

2011-S4316A (ACTIVE) - Details

2011-S4316A (ACTIVE) - Summary

2011-S4316A (ACTIVE) - Sponsor Memo

2011-S4316A (ACTIVE) - Bill Text download pdf

Comments