NY State Senate Bill 2019-S7283B

Senate Bill S7283B

2019-2020 Legislative Session

Relates to designating, as peace officers, public safety officers of the Chautauqua Institution within the grounds of and properties owned by the Chautauqua Institution

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2020	print number 7283b
Feb 28, 2020	amend (t) and recommit to codes
Feb 26, 2020	print number 7283a
Feb 26, 2020	amend (t) and recommit to codes
Jan 15, 2020	referred to codes

Bill Amendments

Original

B (Active)

2019-S7283 - Details

See Assembly Version of this Bill:: A5433
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §2.10, CP L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6937
2015-2016: A5099
2017-2018: A8580
2021-2022: S421, A5038
2023-2024: S385, A1712

2019-S7283 - Summary

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

2019-S7283 - Sponsor Memo

                                
 
BILL NUMBER: S7283

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to peace officer
status of special deputy sheriffs appointed by the sheriff of Chautauqua
county within the grounds of and properties owned by the Chautauqua
Institution

 
PURPOSE:

To designate, as peace officers, special deputy sheriffs of the county
of Chautauqua within the grounds of and properties owned by the Chautau-
qua Institution

 
SUMMARY OF PROVISIONS:

Section 1. Amends Section 2.10 of the criminal procedure law by adding a
new subdivision 86 to provide that special deputy sheriffs appointed by
the sheriff of Chautauqua County be authorized to act as peace officers,

issuing appearance tickets and simplified traffic information's, within
the Chautauqua Institution grounds for the duration of the visiting
season.

Section 2. Provides that this act shall take effect immediately.

 
JUSTIFICATION:

This legislation would designate certain employees of the Chautauqua
Institution as peace officers.

The Chautauqua Institution employs their own police/security department.
These individuals are responsible for patrolling the grounds and proper-
ty owned by the Chautauqua Institution.

Over the years, a select group of officers employed by the Chautauqua
Institution who have completed the municipal police training council
basic training courses have been deputized by the Sheriff of Chautauqua
County in order to give them arrest authority, and to assist the Sher-
iff's Office when additional manpower is needed. There have, however,
been some challenges to the authorities of those deputies because they
were specified as "emergency" special deputy sheriffs.

This legislation would grant peace officer status to those Chautauqua
Institution police officers appointed by the Sheriff of Chautauqua Coun-
ty as special deputy sheriffs.

This legislation also establishes that the Chautauqua Institution, and
not the Sheriff's Office, will be responsible for any acts undertaken by
these peace officers. Further, their jurisdiction will only be within
the grounds of and properties owned by the Chautauqua Institution.

 
LEGISLATIVE HISTORY:

2017-18: S.440/A.8580 Passed Senate

2015-16: S.5164/A.5099 Passed Senate

2014: 5.3894-B/A.6937-A Passed both Houses, Veto Memo No. 515

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7283 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7283
 
                             I N  S E N A T E
 
                             January 15, 2020
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to peace officer
   status of special deputy sheriffs appointed by the sheriff of Chautau-
   qua county within the grounds of and properties owned by the  Chautau-
   qua Institution

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2.10 of the criminal procedure law  is  amended  by
 adding a new subdivision 86 to read as follows:
   86.  SPECIAL DEPUTY SHERIFFS APPOINTED BY THE SHERIFF OF THE COUNTY OF
 CHAUTAUQUA SHALL BE AUTHORIZED TO ISSUE APPEARANCE TICKETS  AND  SIMPLI-
 FIED  TRAFFIC INFORMATIONS WITHIN THE GROUNDS OF AND PROPERTIES OWNED BY
 THE CHAUTAUQUA INSTITUTION FOR THE DURATION OF THE VISITING SEASON.  THE
 CHAUTAUQUA  INSTITUTION  WILL BE RESPONSIBLE FOR ACTS UNDERTAKEN BY SUCH
 PEACE OFFICERS. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE
 SUCH OFFICER TO CARRY AND POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS
 THE APPROPRIATE LICENSE THEREFOR HAS BEEN  ISSUED  PURSUANT  TO  SECTION
 400.00 OF THE PENAL LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09287-03-0

2019-S7283A - Details

See Assembly Version of this Bill:: A5433
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §2.10, CP L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6937
2015-2016: A5099
2017-2018: A8580
2021-2022: S421, A5038
2023-2024: S385, A1712

2019-S7283A - Summary

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

2019-S7283A - Sponsor Memo

                                
 
BILL NUMBER: S7283A

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to peace officer
status of trained officers of the Chautauqua Institution police depart-
ment within the grounds of and properties owned by the Chautauqua Insti-
tution

 
PURPOSE:

To designate, as peace officers, trained officers of the Chautauqua
Institution police department within the grounds of and properties owned
by the Chautauqua Institution.

 
SUMMARY OF PROVISIONS:

Section 1. Amends Section 2.10 of the criminal procedure law by adding a
new subdivision 86 to provide that trained officers of the Chautauqua
Institution police department to act as peace officers, issuing appear-

ance tickets and simplified traffic informations, within the Chautauqua
Institution grounds for the duration of the visiting season.

Section 2. Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Chautauqua Institution has nationally recognized programs including
world-class lectures, performances, classes, religious services, and
activities every day of the nine-week summer assembly season. These
programs feature in-person participation by some of the world's most
notable people including government leaders, lawmakers, politicians,
religious leaders, educators, performers, and artists at venues that
range in size from several hundred to more than 6,000 patrons at one
time.

Chautauqua Institution employs their own police/security department.
These individuals are responsible for patrolling the grounds and proper-
ty owned by Chautauqua Institution. They have successfully protected
this community for decades.

Over the years, a select group of officers employed by Chautauqua Insti-
tution who have completed the municipal police training council basic
training courses have been deputized by the Sheriff of Chautauqua Coun-
ty. After 40 years under the advice from counsel, the county sheriff's
office decided to discontinue the special deputy status for Chautauqua
Institution police officers.

Without an alternative means of empowering the Chautauqua Institution
Police Department with full police authority, it would place at a higher
risk the safety of their 100,000 patrons and residents, while also
adding significant additional policing responsibility and related costs
to the Sheriff's Office and the New York State Police.

This legislation would grant peace officer status to those Chautauqua
Institution police officers.


This legislation also establishes that Chautauqua Institution will be
responsible for any acts undertaken by these peace officers. Further,
their jurisdiction will only be within the grounds of and properties
owned by the Chautauqua Institution.

 
LEGISLATIVE HISTORY:

2017-18: S.440/A.8580 Passed Senate
2015-16: S.5164/A.5099 Passed Senate
2014: S.3894-B/A.6937-A Passed both Houses, Veto Memo No. 515

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7283A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7283--A
 
                             I N  S E N A T E
 
                             January 15, 2020
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the criminal procedure law, in relation to peace officer
   status  of  trained  officers  of  the  Chautauqua  Institution police
   department within the grounds of and properties owned by the  Chautau-
   qua Institution
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2.10 of the criminal procedure law  is  amended  by
 adding a new subdivision 86 to read as follows:
   86.  TRAINED  OFFICERS OF THE CHAUTAUQUA INSTITUTION POLICE DEPARTMENT
 SHALL BE AUTHORIZED TO ISSUE APPEARANCE TICKETS AND  SIMPLIFIED  TRAFFIC
 INFORMATIONS  WITHIN THE GROUNDS OF AND PROPERTIES OWNED BY THE CHAUTAU-
 QUA INSTITUTION FOR THE DURATION OF THE VISITING SEASON. THE  CHAUTAUQUA
 INSTITUTION  WILL BE RESPONSIBLE FOR ACTS UNDERTAKEN BY SUCH PEACE OFFI-
 CERS. NOTHING IN THIS SUBDIVISION SHALL  BE  DEEMED  TO  AUTHORIZE  SUCH
 OFFICER  TO CARRY AND POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS THE
 APPROPRIATE LICENSE THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION  400.00
 OF THE PENAL LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09287-06-0

2019-S7283B (ACTIVE) - Details

See Assembly Version of this Bill:: A5433
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §2.10, CP L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6937
2015-2016: A5099
2017-2018: A8580
2021-2022: S421, A5038
2023-2024: S385, A1712

2019-S7283B (ACTIVE) - Summary

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

2019-S7283B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7283b

SPONSOR: BORRELLO
 
TITLE OF BILL:

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

 
PURPOSE:

To designate, as peace officers, public safety officers of the Chautau-
qua Institution within the grounds of and properties owned by the Chau-
tauqua Institution.

 
SUMMARY OF PROVISIONS:

Section 1. Amends Section 2.10 of the criminal procedure law by adding a
new subdivision 86 to provide that public safety officers of Chautauqua
Institution are designated as peace officers by the board of trustees of
the Chautauqua Institution.

Section 2. Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Chautauqua Institution has nationally recognized programs including
world class lectures, performances, classes, religious services, and
activities every day of the nine-week summer assembly season. These
programs feature in-person participation by some of the world's most
notable people including government leaders, lawmakers, politicians,
religious leaders, educators, performers, and artists at venues that
range in size from several hundred to more than 6,000 patrons at one
time.

Chautauqua Institution employs their own police/security department.
These individuals are responsible for patrolling the grounds and proper-
ty owned by Chautauqua Institution. They have successfully protected
this community for decades.

Over the years, a select group of officers employed by Chautauqua Insti-
tution who have completed the municipal police training council basic
training courses have been deputized by the Sheriff of Chautauqua Coun-
ty. After 40 years under the advice from counsel, the county sheriff's
office decided to discontinue the special deputy status for Chautauqua
Institution police officers.

Without an alternative means of empowering the Chautauqua Institution
Police Department with full police authority, it would place at a higher
risk the safety of their 100,000 patrons and residents, while also
adding significant additional policing responsibility and related costs
to the Sheriff's Office and the New York State Police.

This legislation would grant peace officer status to those Chautauqua
Institution police officers.  This legislation also establishes that
Chautauqua Institution will be responsible for any acts undertaken by
these peace officers. Further, their jurisdiction will only be within
the grounds of and properties owned by the Chautauqua Institution.

 
LEGISLATIVE HISTORY:

2017-18: S.440/A.8580 Passed Senate
2015-16: S.5164/A.5099 Passed Senate
2014: S.3894-B/A.6937-A Passed both Houses, Veto Memo No. 515

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7283B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7283--B
 
                             I N  S E N A T E
 
                             January 15, 2020
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, 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:
 
   Section 1. Section 2.10 of the criminal procedure law  is  amended  by
 adding a new subdivision 86 to read as follows:
   86.  (A)  PUBLIC SAFETY OFFICERS OF THE CHAUTAUQUA INSTITUTION WHO ARE
 DESIGNATED AS PEACE OFFICERS BY THE BOARD OF TRUSTEES OF THE  CHAUTAUQUA
 INSTITUTION  PURSUANT  TO  PARAGRAPHS (B), (C), AND (D) OF THIS SUBDIVI-
 SION; PROVIDED, HOWEVER, THAT  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE
 DEEMED  TO  AUTHORIZE  ANY  SUCH  OFFICER  TO  CARRY, POSSESS, REPAIR OR
 DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE  THEREFOR  HAS  BEEN
 ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   (B)  FOR  THE PROTECTION OF THE GROUNDS, BUILDINGS AND PROPERTY OF THE
 CHAUTAUQUA INSTITUTION, THE PREVENTION OF CRIME AND THE  ENFORCEMENT  OF
 LAW  AND  ORDER, THE BOARD OF TRUSTEES OF THE CHAUTAUQUA INSTITUTION MAY
 APPOINT AND REMOVE SUCH NUMBER OF PUBLIC SAFETY OFFICERS  DESIGNATED  AS
 PEACE OFFICERS AS IS DETERMINED BY THE BOARD OF TRUSTEES TO BE NECESSARY
 FOR  THE  MAINTENANCE  OF PUBLIC ORDER CONSISTENT WITH THIS SUBDIVISION.
 SUCH CHAUTAUQUA INSTITUTION PEACE OFFICERS SO APPOINTED SHALL BE EMPLOY-
 EES OF THE CHAUTAUQUA INSTITUTION AND SUBJECT  TO  ITS  SUPERVISION  AND
 CONTROL.  SUCH  CHAUTAUQUA  INSTITUTION  PEACE  OFFICERS  SHALL HAVE THE
 POWERS OF PEACE OFFICERS WITHIN THE GEOGRAPHIC AREA OF EMPLOYMENT ON THE
 GROUNDS OR PREMISES OWNED, CONTROLLED OR ADMINISTERED BY THE  CHAUTAUQUA
 INSTITUTION  WITHIN  THE  COUNTY OF CHAUTAUQUA, ON ANY PUBLIC STREET AND
 SIDEWALK THAT ABUTS THE GROUNDS, BUILDINGS OR PROPERTY OF THE CHAUTAUQUA
 INSTITUTION, AND BEYOND SUCH GEOGRAPHIC AREA UPON  THE  REQUEST  OF  THE
 SHERIFF OF CHAUTAUQUA COUNTY, OR HIS OR HER DESIGNEE, FOR THE PURPOSE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09287-10-0

 S. 7283--B                          2
 
 TRANSPORTING  AN  INDIVIDUAL  WHO  HAS  BEEN ARRESTED IN ACCORDANCE WITH
 SECTION 140.27 OF THIS CHAPTER AND WHEN NO LOCAL LAW ENFORCEMENT OFFICER
 IS AVAILABLE FOR TRANSPORTING SUCH INDIVIDUAL IN A TIMELY MANNER.
   (C)  THE CHAUTAUQUA INSTITUTION SHALL PROVIDE LEGAL DEFENSE AND INDEM-
 NIFICATION TO APPLICABLE MUNICIPALITIES AND ITS OFFICERS AND  EMPLOYEES,
 AND  HOLD THEM HARMLESS, AGAINST ALL CLAIMS ARISING OUT OF CONDUCT BY OR
 INJURY TO SUCH PEACE OFFICERS WHILE CARRYING OUT THEIR  SPECIAL  DUTIES,
 EXCEPT  IN  THOSE SITUATIONS WHEN THEY ARE ACTING AS AGENTS OF THE CHAU-
 TAUQUA COUNTY SHERIFF OR HIS OR HER DESIGNEE.
   (D) TO BECOME ELIGIBLE FOR DESIGNATION  AS  A  CHAUTAUQUA  INSTITUTION
 PEACE  OFFICER,  A  CANDIDATE SHALL, AT A MINIMUM, SUCCESSFULLY COMPLETE
 THE NEW YORK STATE BASIC COURSE FOR PEACE OFFICERS WITH FIREARMS AND ANY
 OTHER REQUIREMENTS AS SET FORTH IN SECTION 2.30 OF THIS ARTICLE.
   § 2. This act shall take effect immediately.

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Senate Bill S7283B

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Sponsored By

George M. Borrello

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2019-S7283 - Details

2019-S7283 - Summary

2019-S7283 - Sponsor Memo

2019-S7283 - Bill Text download pdf

2019-S7283A - Details

2019-S7283A - Summary

2019-S7283A - Sponsor Memo

2019-S7283A - Bill Text download pdf

2019-S7283B (ACTIVE) - Details

2019-S7283B (ACTIVE) - Summary

2019-S7283B (ACTIVE) - Sponsor Memo

2019-S7283B (ACTIVE) - Bill Text download pdf

Comments