NY State Senate Bill 2023-S385A

Senate Bill S385A

2023-2024 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

download bill text pdf

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2024	print number 385a
Apr 15, 2024	amend and recommit to codes
Jan 03, 2024	referred to codes
Jan 04, 2023	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S385 - Details

See Assembly Version of this Bill:: A1712
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
2021-2022: S421, A5038

2023-S385 - Summary

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

2023-S385 - Sponsor Memo

                                 
BILL NUMBER: S385

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 has placed the safety
of their 100,000 patrons and residents at a higher risk, while also
adding significant additional policing responsibility and related costs
to the Sheriff's Office and the New York State Police. We saw this
firsthand in 2022 with the ambush and stabbing of guest speaker Selman
Rushdie who suffered severe injuries during the attack.

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:

2022: S421/A5038 Referred to Codes

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.

2023-S385 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    385
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. BORRELLO, COONEY -- 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.

                                                            LBD01988-01-3
 S. 385                              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.

co-Sponsors

2023-S385A (ACTIVE) - Details

See Assembly Version of this Bill:: A1712
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
2021-2022: S421, A5038

2023-S385A (ACTIVE) - Summary

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

2023-S385A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S385A

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 OR GENERAL IDEA OF BILL:

This bill would designate, as peace officers, public safety officers of
the Chautauqua Institution 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 87 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 sheriffs
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 Sheriffs Office and the New York State
Police. This legislation would grant peace officer status to those Chau-
tauqua 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:

2022: S421/A5038 Referred to Codes
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 DA1E:

This act shall take effect immediately.

2023-S385A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  385--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. BORRELLO, COONEY -- 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, 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 87 to read as follows:
   87. (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01988-03-4
 S. 385--A                           2
 
 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  SUCH  SHERIFF'S  DESIGNEE, FOR THE
 PURPOSE OF TRANSPORTING AN INDIVIDUAL WHO HAS BEEN ARRESTED  IN  ACCORD-
 ANCE  WITH SECTION 140.27 OF THIS CHAPTER AND WHEN NO LOCAL LAW ENFORCE-
 MENT 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 SUCH SHERIFF'S 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S385A

Share this bill

Sponsored By

George M. Borrello

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Jeremy A. Cooney

2023-S385 - Details

2023-S385 - Summary

2023-S385 - Sponsor Memo

2023-S385 - Bill Text download pdf

co-Sponsors

Jeremy A. Cooney

2023-S385A (ACTIVE) - Details

2023-S385A (ACTIVE) - Summary

2023-S385A (ACTIVE) - Sponsor Memo

2023-S385A (ACTIVE) - Bill Text download pdf

Comments