NY State Senate Bill 2021-S421

Senate Bill S421

2021-2022 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
Jan 05, 2022	referred to codes
Jan 06, 2021	referred to codes

co-Sponsors

2021-S421 (ACTIVE) - Details

See Assembly Version of this Bill:: A5038
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
2019-2020: S7283, A5433
2023-2024: S385, A1712

2021-S421 (ACTIVE) - Summary

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

2021-S421 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S421

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 responsi-
bility 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:
2020: S7283-B/A.5433-B Referred to Codes

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.

2021-S421 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    421
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04489-01-1

 S. 421                              2
 
 SHERIFF OF CHAUTAUQUA COUNTY, OR HIS OR HER DESIGNEE, FOR THE PURPOSE OF
 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 S421

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Sponsored By

George M. Borrello