NY State Senate Bill 2017-S8980A

Senate Bill S8980A

2017-2018 Legislative Session

Relates to expanding the geographical area of employment of university police officers; repealer

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2018	referred to codes
Jun 20, 2018	delivered to assembly passed senate ordered to third reading cal.2132
Jun 15, 2018	print number 8980a
Jun 15, 2018	amend and recommit to rules
Jun 11, 2018	referred to rules

Votes

- Jun 20, 2018 - Floor Vote
  S8980A
  
  49
  
  Aye
  
  11
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (49)
      
      Akshar
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      DeFrancisco
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (11)
      
      Alcantara
      
      Bailey
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kavanagh
      
      Krueger
      
      Persaud
      
      Sanders Jr.
      
      Sepúlveda
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 20, 2018 - Rules Committee Vote
  S8980A
  
  18
  
  Aye
  
  2
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2018
      
      aye (18)
      
      Bonacic
      
      DeFrancisco
      
      Flanagan
      
      Hannon
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (2)
      
      Dilan
      
      Krueger
      
      aye wr (4)
      
      Breslin
      
      Gianaris
      
      Griffo
      
      Montgomery
      
      excused (1)
      
      Rivera

Bill Amendments

Original

A (Active)

2017-S8980 - Details

See Assembly Version of this Bill:: A10746
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, rpld §1.20 sub 34-a ¶(d), CP L; amd §355, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3749, A7543
2021-2022: S6279
2023-2024: S83, A7597
2025-2026: S130

2017-S8980 - Summary

Relates to expanding the geographical area of employment of university police officers; extends the jurisdiction of New York state university police officers from state university of New York property and abutting roadways to all areas of the state.

2017-S8980 - Sponsor Memo

                                
 
BILL NUMBER: S8980

SPONSOR: JACOBS
 
TITLE OF BILL:  An act to amend the criminal procedure law and the
education law, in relation to expanding the geographical area of employ-
ment 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:

This bill will give university police officers the same jurisdiction as
other police officers in the state

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 34-a of section 1.20 of the criminal proce-
dure law, thereby defining the geographical area of employment of police
officers appointed by the state university of New York as New York
state.

Section 2 amends subdivision 34-a of section 1.20 of the criminal proce-
dure law, thereby making New York state the geographical area of employ-
ment of police officers appointed by the state university of New York.

Section 3 repeals paragraph (d) of subdivision 34-a of section 1.20 of
the criminal procedure law.

Section 4 removes the language outlining the specific jurisdiction for
university police.

Section 5 is the enacting clause.

 
JUSTIFICATION:

On January 1, 1999, SUNY Public Safety officers gained Police Officer
status however; the jurisdiction of university police officers was
limited to university property and the highways between such properties.
The limited jurisdiction restricts a university police officer's ability
to protect and serve. This bill will give university police officers the
same jurisdiction as other police officers in the state.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
paragraph (a) of subdivision 34-a of section L of the criminal 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.

2017-S8980 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8980
 
                             I N  S E N A T E
 
                               June 11, 2018
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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;
   § 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;
   § 3. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal
 procedure law is REPEALED.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14844-01-8

 S. 8980                             2
 
 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.
   § 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.

2017-S8980A (ACTIVE) - Details

See Assembly Version of this Bill:: A10746
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, rpld §1.20 sub 34-a ¶(d), CP L; amd §355, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3749, A7543
2021-2022: S6279
2023-2024: S83, A7597
2025-2026: S130

2017-S8980A (ACTIVE) - Summary

2017-S8980A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8980A

SPONSOR: JACOBS
 
TITLE OF BILL:  An act to amend the criminal procedure law and the
education law, in relation to expanding the geographical area of employ-
ment 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 and abutting roadways to all areas of
New York State.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 34-a of section 1.20 of the criminal proce-
dure lax, thereby defining the geographical area of employment of police
officers appointed by the state university of New York as New York

state.

Section 2 amends subdivision 34-a of section 1.20 of the criminal proce-
dure law, thereby making New York state the geographical area of employ-
ment of police officers appointed by the state university of New York.

Section 3 repeals paragraph (d) of subdivision 34-a of section 1.20 of
the criminal procedure law.

Section 4 removes the language outlining the specific jurisdiction for
university police.

Section 5 is the enacting clause.

 
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 Nov York State University Police are requesting this
legislation as a measure to legitimize and augment their ability to lend
supplemental support to neighboring law enforcement agencies.  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.
To: additional space to :oommodate 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 end infractions occurring in their presence.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S8980A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8980--A
 
                             I N  S E N A T E
 
                               June 11, 2018
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  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;
   § 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;
   § 3. Paragraph (d) of subdivision 34-a of section 1.20 of the criminal
 procedure law is REPEALED.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14844-02-8

 S. 8980--A                          2
 
 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] MAY enter into a
 written agreement with adjoining law enforcement  agencies  establishing
 protocols  for the exercise of authority by such university police offi-
 cer off-campus, including mutual aid and assistance. Such written proto-
 cols 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 institutions and property referred to in section five thousand
 seven hundred nine of this chapter.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments  to paragraph (a) of subdivision 34-a of section 1.20 of
 the criminal 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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