BILL NUMBER:S4985

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to peace officers

PURPOSE:

To promote school safety by providing retired police officers with
peace officer status when they are employed by a school district as a
school resource officer.

SUMMARY OF PROVISIONS:

Section 1. Amends section 2.10 of the criminal procedure law by
expanding the definition of peace officer to include retired police
officers employed by a school district as a school resource officer.

Section 2. This act shall take effect immediately

JUSTIFICATION:

School resource officers are great assets to school districts striving
to enhance school safety. School resource officers are not just hired
guards; they collaborate with educators, parents, and children to
develop educational programs, prevent drug abuse, and minimize
violence. They are educators, law enforcers, and counselors. Police
              

officers are ideal for this job, because their specialized knowledge
enhances a school's environmental safety planning and facilities
management, school-safety policy, and emergency response preparedness.

However, the cost of hiring a full-time police officer to serve as a
school resource officer is prohibitive to both police departments and
school districts. To solve this financial problem, a school district
could hire a retired police officer to serve as their school resource
officer. Such individuals would possess the necessary experience and
training but could be paid less than an active duty police officer.

As part of the public protection budget, Chapter 55 of the Laws of
2013 contains language that authorizes the commissioner of education
to allow a retired police officer employed as a school resource
officer to earn more than $20,000 dollars without that retired police
officer applying for a "211 waiver." This is a laudable first step
towards providing school districts with a financially plausible option
for hiring a school resource officer. This bill takes the necessary
next step to realize that goal by providing those retired police
officers who are employed as school resource officers with peace
officer powers. These powers include the ability to arrest as well as
to carry an armed weapon on school grounds.  These powers enable a
school resource officer to effectively protect the school from
wrongdoers. This bill in no way grants a school district any licensing
authority; the retired police officer would still have to be licensed
pursuant to Penal Law § 400.00

LEGISLATIVE HISTORY:

New Bill.


FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

Immediately.