STATE OF NEW YORK ________________________________________________________________________ 6042 2017-2018 Regular Sessions IN SENATE May 10, 2017 ___________ Introduced by Sen. ROBACH -- 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 the jurisdic- tion of University of Rochester peace officers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 83 of section 2.10 of the criminal procedure 2 law, as added by chapter 504 of the laws of 2012, is renumbered subdivi- 3 sion 84 and amended to read as follows: 4 84. (a) [Security services] Public safety officers employed by the 5 University of Rochester who are designated as peace officers by the 6 board of trustees of the University of Rochester pursuant to paragraphs 7 (b), (c), and (d) [and (e)] of this subdivision; provided, however, that 8 nothing in this subdivision shall be deemed to authorize any such offi- 9 cer to carry, possess, repair or dispose of a firearm unless the appro- 10 priate license therefor has been issued pursuant to section 400.00 of 11 the penal law. 12 (b) For the protection of the grounds, buildings and property of the 13 University of Rochester, the prevention of crime and the enforcement of 14 law and order, the board of trustees of the University of Rochester may 15 appoint and remove such number of [security services] public safety 16 officers designated as peace officers as is determined by the board of 17 trustees to be necessary for the maintenance of public order consistent 18 with this subdivision. Such peace officers shall comply with such 19 requirements as shall be mutually agreed upon between the chief law 20 enforcement officers of the applicable local law enforcement jurisdic- 21 tions and the University of Rochester. Such University of Rochester 22 peace officers so appointed shall be employees of the University of 23 Rochester and subject to its supervision and control. Such University of 24 Rochester peace officers shall have the powers of peace officers within 25 the geographic area of employment of the grounds or premises owned, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08516-02-7

S. 6042 2 1 controlled or administered by the University of Rochester within the 2 county of Monroe [except as provided in paragraph (c) of this subdivi- 3 sion; provided, however, such peace officers shall have the powers of 4 peace officers], within one hundred yards of such grounds or premises, 5 including any public street and sidewalk, and beyond such geographic 6 area [upon the request of], the chief law enforcement officer of the 7 local law enforcement jurisdiction or his or her designee[, for the 8 purpose of transporting an individual who has been arrested in accord- 9 ance with section 140.27 of this chapter and when no local law enforce- 10 ment officer is available for transporting such individual in a timely 11 manner]. 12 (c) [University of Rochester peace officers who are assigned to work 13 at Strong Memorial Hospital shall only have the powers in section 9.41 14 of the mental hygiene law and the powers listed in paragraphs (a), (c) 15 and (h) of subdivision one of section 2.20 of this article. Provided 16 that in order to exercise the power set forth in paragraph (a) of subdi- 17 vision one of section 2.20 of this article, the officer has actual know- 18 ledge, or probable cause to believe, that such individual has committed 19 an offense. 20 (d)] The University of Rochester shall provide legal defense and 21 indemnification to applicable municipality and its officers and employ- 22 ees, and hold them harmless, against all claims arising out of conduct 23 by or injury to such peace officers while carrying out their special 24 duties, except in those situations when they are acting as agents of the 25 chief law enforcement officer of the applicable local law enforcement 26 jurisdiction or his or her designee. 27 [(e)] (d) To become eligible for designation as a University of 28 Rochester peace officer, a candidate shall, in addition to the training 29 requirements as set forth in section 2.30 of this article, complete the 30 course of instruction in public and private law enforcement established 31 pursuant to subdivision three of section sixty-four hundred thirty-five 32 of the education law. 33 § 2. This act shall take effect immediately.