State Codes and Statutes

Statutes > New-york > Edn > Title-7 > Article-129-a > 6435

§   6435.   Appointment  of  private  college  security  officers.  1.  Notwithstanding any other provision of law to the contrary, the trustees  or other governing board of each independent  non-profit  college  which  maintains  a  campus  or other property for educational purposes outside  the limits of any city having a population of one million or more and is  chartered  by  the  regents  or  incorporated  by  special  act  of  the  legislature may request that security guards employed by such college be  appointed  as private college campus security officers by the sheriff of  the county in which the college  is  located  pursuant  to  section  six  hundred  sixty-two  of  the  county  law or by the chief law enforcement  officer of a city where the college is located, pursuant to section  two  hundred  nine-aa  of  the general municipal law, as added by chapter six  hundred eleven of the laws of  nineteen  hundred  ninety-five.  Security  guards  appointed  as  such campus security officers may exercise within  their geographic area of authority as defined hereinafter any or all  of  the following powers:    a.  to  make a warrantless arrest of a person (i) for any offense when  he or she has reasonable cause to believe that such person has committed  such offense in his or her presence and (ii) for a crime when he or  she  has  reasonable  cause  to  believe  that such person has committed such  crime, whether in his or her presence  or  otherwise,  and  follow  such  person  in  continuous  close  pursuit  into  public  places  beyond the  geographic area of authority to make such warrantless arrest;  provided,  however,  that  such  campus  security  officers  shall  comply with the  post-arrest procedures set forth  in  section  140.40  of  the  criminal  procedure   law  and  shall  not  interfere  with  an  ongoing  criminal  investigation conducted by any police officer;    b. to use physical force,  other  than  deadly  physical  force,  upon  another person when and to the extent that he or she reasonably believes  such to be necessary to effect an arrest pursuant to paragraph a of this  subdivision or to prevent the escape from custody of such person and use  deadly  physical  force  for  such  purpose  when  he  or she reasonably  believes such to be necessary to defend himself or herself  or  a  third  person from what he or she reasonably believes to be the use or imminent  use of deadly physical force;    c.  to carry and utilize a police baton and noxious materials designed  and intended for prevention of crime and enforcement of law  and  order;  provided,  however,  that no such campus security officer shall carry or  use such police baton or noxious materials before receiving training  in  the  use  thereof. Training in the use of a baton shall include, but not  be limited to, the defensive use of the baton  and  instruction  in  the  legal use of physical force pursuant to article thirty-five of the penal  law;    d.  to  temporarily  possess  stolen property, weapons, appliances and  substances described in article two hundred sixty-five of the penal  law  and  article  thirty-three of the public health law whenever appropriate  for the prevention of crime, preservation of evidence and enforcement of  law and order, and as soon thereafter as practicable deliver such stolen  property, weapons, appliances and substances to a police officer;    e. to issue  appearance  tickets  pursuant  to  subdivision  three  of  section 150.20 of the criminal procedure law;    f.   to   issue   uniform   appearance  tickets  pursuant  to  article  twenty-seven of the parks, recreation and historic preservation law  and  to  issue  simplified  traffic information pursuant to section 100.25 of  the criminal procedure law and section two hundred seven of the  vehicle  and traffic law;    g.  to issue a uniform navigation summons and/or complaint pursuant to  section nineteen of the navigation law;h. to issue uniform appearance tickets pursuant to article seventy-one  of the environmental conservation law; and    i.  to  seize  an  alcoholic  beverage  upon  observing a person under  twenty-one years of age openly in possession of an alcoholic beverage as  defined in section three of the alcoholic  beverage  control  law,  with  intent  to consume such beverage in violation of section sixty-five-c of  such law.    2. For purposes of this  section,  "geographical  area  of  authority"  means  any real property owned by or under the control of the college by  which the security guard is employed and located within  the  geographic  boundaries of the county wherein the appointment was made.    3.  To  become  eligible  for  appointment as a private college campus  security officer a security guard must  first  successfully  complete  a  course  of instruction in public and private law enforcement approved by  the municipal police  training  council,  the  security  guard  advisory  council,  or  the department of state or other comparable course offered  or recognized by a department or agency of the  state  of  New  York  as  providing appropriate training for the exercise of the powers enumerated  in  this  section. Such training shall also comply with all requirements  of article seven-A of the  general  business  law  and  any  regulations  promulgated thereunder.    4. To be eligible for appointment as a private college campus security  officer,  an  applicant  shall  be  of  good  character,  cooperate in a  background check as may be required by the county sheriff or  chief  law  enforcement  officer, be at least twenty-one years of age at the time of  appointment, be a citizen of the United States,  and  be  in  compliance  with  the  requirements  of, and duly registered in accordance with, the  provisions of article seven-A  of  the  general  business  law  and  any  regulations promulgated thereunder.    5. The duration of the appointment shall be coexistent with the period  of  employment except as otherwise provided in this section, section six  hundred sixty-two of the county law or section two  hundred  nine-aa  of  the general municipal law, as added by chapter six hundred eleven of the  laws of nineteen hundred ninety-five.    6.  Any  independent  non-profit college which requests appointment of  any of its security guards as a private college campus security  officer  as  provided  for in subdivision one of this section shall indemnify and  hold harmless, the appointing sheriff, the county in which such  sheriff  serves,  the  appointing  chief  law enforcement officer and the city in  which such chief law  enforcement  officer  serves  from  liability  and  damages  including  cost  of defense to the extent proximately caused by  the intentional or negligent acts or omissions of the college's security  guards while acting  pursuant  to  their  scope  of  employment  by  the  college.    7.  A college shall immediately notify the appointing sheriff or chief  law enforcement officer whenever  a  security  guard  appointed  by  the  college  as  a  private  college  campus  security  officer is arrested,  suspended from employment, transferred, terminated or disabled so as  to  be  incapable of performing campus security officer duties. Upon receipt  of such notice, the sheriff  or  chief  law  enforcement  officer  shall  immediately revoke such appointment.    8.  Private  college  campus security officers appointed in accordance  with this section shall not be subject to assignment under  section  two  hundred nine-f of the general municipal law or any mutual aid provisions  of law.

State Codes and Statutes

Statutes > New-york > Edn > Title-7 > Article-129-a > 6435

§   6435.   Appointment  of  private  college  security  officers.  1.  Notwithstanding any other provision of law to the contrary, the trustees  or other governing board of each independent  non-profit  college  which  maintains  a  campus  or other property for educational purposes outside  the limits of any city having a population of one million or more and is  chartered  by  the  regents  or  incorporated  by  special  act  of  the  legislature may request that security guards employed by such college be  appointed  as private college campus security officers by the sheriff of  the county in which the college  is  located  pursuant  to  section  six  hundred  sixty-two  of  the  county  law or by the chief law enforcement  officer of a city where the college is located, pursuant to section  two  hundred  nine-aa  of  the general municipal law, as added by chapter six  hundred eleven of the laws of  nineteen  hundred  ninety-five.  Security  guards  appointed  as  such campus security officers may exercise within  their geographic area of authority as defined hereinafter any or all  of  the following powers:    a.  to  make a warrantless arrest of a person (i) for any offense when  he or she has reasonable cause to believe that such person has committed  such offense in his or her presence and (ii) for a crime when he or  she  has  reasonable  cause  to  believe  that such person has committed such  crime, whether in his or her presence  or  otherwise,  and  follow  such  person  in  continuous  close  pursuit  into  public  places  beyond the  geographic area of authority to make such warrantless arrest;  provided,  however,  that  such  campus  security  officers  shall  comply with the  post-arrest procedures set forth  in  section  140.40  of  the  criminal  procedure   law  and  shall  not  interfere  with  an  ongoing  criminal  investigation conducted by any police officer;    b. to use physical force,  other  than  deadly  physical  force,  upon  another person when and to the extent that he or she reasonably believes  such to be necessary to effect an arrest pursuant to paragraph a of this  subdivision or to prevent the escape from custody of such person and use  deadly  physical  force  for  such  purpose  when  he  or she reasonably  believes such to be necessary to defend himself or herself  or  a  third  person from what he or she reasonably believes to be the use or imminent  use of deadly physical force;    c.  to carry and utilize a police baton and noxious materials designed  and intended for prevention of crime and enforcement of law  and  order;  provided,  however,  that no such campus security officer shall carry or  use such police baton or noxious materials before receiving training  in  the  use  thereof. Training in the use of a baton shall include, but not  be limited to, the defensive use of the baton  and  instruction  in  the  legal use of physical force pursuant to article thirty-five of the penal  law;    d.  to  temporarily  possess  stolen property, weapons, appliances and  substances described in article two hundred sixty-five of the penal  law  and  article  thirty-three of the public health law whenever appropriate  for the prevention of crime, preservation of evidence and enforcement of  law and order, and as soon thereafter as practicable deliver such stolen  property, weapons, appliances and substances to a police officer;    e. to issue  appearance  tickets  pursuant  to  subdivision  three  of  section 150.20 of the criminal procedure law;    f.   to   issue   uniform   appearance  tickets  pursuant  to  article  twenty-seven of the parks, recreation and historic preservation law  and  to  issue  simplified  traffic information pursuant to section 100.25 of  the criminal procedure law and section two hundred seven of the  vehicle  and traffic law;    g.  to issue a uniform navigation summons and/or complaint pursuant to  section nineteen of the navigation law;h. to issue uniform appearance tickets pursuant to article seventy-one  of the environmental conservation law; and    i.  to  seize  an  alcoholic  beverage  upon  observing a person under  twenty-one years of age openly in possession of an alcoholic beverage as  defined in section three of the alcoholic  beverage  control  law,  with  intent  to consume such beverage in violation of section sixty-five-c of  such law.    2. For purposes of this  section,  "geographical  area  of  authority"  means  any real property owned by or under the control of the college by  which the security guard is employed and located within  the  geographic  boundaries of the county wherein the appointment was made.    3.  To  become  eligible  for  appointment as a private college campus  security officer a security guard must  first  successfully  complete  a  course  of instruction in public and private law enforcement approved by  the municipal police  training  council,  the  security  guard  advisory  council,  or  the department of state or other comparable course offered  or recognized by a department or agency of the  state  of  New  York  as  providing appropriate training for the exercise of the powers enumerated  in  this  section. Such training shall also comply with all requirements  of article seven-A of the  general  business  law  and  any  regulations  promulgated thereunder.    4. To be eligible for appointment as a private college campus security  officer,  an  applicant  shall  be  of  good  character,  cooperate in a  background check as may be required by the county sheriff or  chief  law  enforcement  officer, be at least twenty-one years of age at the time of  appointment, be a citizen of the United States,  and  be  in  compliance  with  the  requirements  of, and duly registered in accordance with, the  provisions of article seven-A  of  the  general  business  law  and  any  regulations promulgated thereunder.    5. The duration of the appointment shall be coexistent with the period  of  employment except as otherwise provided in this section, section six  hundred sixty-two of the county law or section two  hundred  nine-aa  of  the general municipal law, as added by chapter six hundred eleven of the  laws of nineteen hundred ninety-five.    6.  Any  independent  non-profit college which requests appointment of  any of its security guards as a private college campus security  officer  as  provided  for in subdivision one of this section shall indemnify and  hold harmless, the appointing sheriff, the county in which such  sheriff  serves,  the  appointing  chief  law enforcement officer and the city in  which such chief law  enforcement  officer  serves  from  liability  and  damages  including  cost  of defense to the extent proximately caused by  the intentional or negligent acts or omissions of the college's security  guards while acting  pursuant  to  their  scope  of  employment  by  the  college.    7.  A college shall immediately notify the appointing sheriff or chief  law enforcement officer whenever  a  security  guard  appointed  by  the  college  as  a  private  college  campus  security  officer is arrested,  suspended from employment, transferred, terminated or disabled so as  to  be  incapable of performing campus security officer duties. Upon receipt  of such notice, the sheriff  or  chief  law  enforcement  officer  shall  immediately revoke such appointment.    8.  Private  college  campus security officers appointed in accordance  with this section shall not be subject to assignment under  section  two  hundred nine-f of the general municipal law or any mutual aid provisions  of law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-7 > Article-129-a > 6435

§   6435.   Appointment  of  private  college  security  officers.  1.  Notwithstanding any other provision of law to the contrary, the trustees  or other governing board of each independent  non-profit  college  which  maintains  a  campus  or other property for educational purposes outside  the limits of any city having a population of one million or more and is  chartered  by  the  regents  or  incorporated  by  special  act  of  the  legislature may request that security guards employed by such college be  appointed  as private college campus security officers by the sheriff of  the county in which the college  is  located  pursuant  to  section  six  hundred  sixty-two  of  the  county  law or by the chief law enforcement  officer of a city where the college is located, pursuant to section  two  hundred  nine-aa  of  the general municipal law, as added by chapter six  hundred eleven of the laws of  nineteen  hundred  ninety-five.  Security  guards  appointed  as  such campus security officers may exercise within  their geographic area of authority as defined hereinafter any or all  of  the following powers:    a.  to  make a warrantless arrest of a person (i) for any offense when  he or she has reasonable cause to believe that such person has committed  such offense in his or her presence and (ii) for a crime when he or  she  has  reasonable  cause  to  believe  that such person has committed such  crime, whether in his or her presence  or  otherwise,  and  follow  such  person  in  continuous  close  pursuit  into  public  places  beyond the  geographic area of authority to make such warrantless arrest;  provided,  however,  that  such  campus  security  officers  shall  comply with the  post-arrest procedures set forth  in  section  140.40  of  the  criminal  procedure   law  and  shall  not  interfere  with  an  ongoing  criminal  investigation conducted by any police officer;    b. to use physical force,  other  than  deadly  physical  force,  upon  another person when and to the extent that he or she reasonably believes  such to be necessary to effect an arrest pursuant to paragraph a of this  subdivision or to prevent the escape from custody of such person and use  deadly  physical  force  for  such  purpose  when  he  or she reasonably  believes such to be necessary to defend himself or herself  or  a  third  person from what he or she reasonably believes to be the use or imminent  use of deadly physical force;    c.  to carry and utilize a police baton and noxious materials designed  and intended for prevention of crime and enforcement of law  and  order;  provided,  however,  that no such campus security officer shall carry or  use such police baton or noxious materials before receiving training  in  the  use  thereof. Training in the use of a baton shall include, but not  be limited to, the defensive use of the baton  and  instruction  in  the  legal use of physical force pursuant to article thirty-five of the penal  law;    d.  to  temporarily  possess  stolen property, weapons, appliances and  substances described in article two hundred sixty-five of the penal  law  and  article  thirty-three of the public health law whenever appropriate  for the prevention of crime, preservation of evidence and enforcement of  law and order, and as soon thereafter as practicable deliver such stolen  property, weapons, appliances and substances to a police officer;    e. to issue  appearance  tickets  pursuant  to  subdivision  three  of  section 150.20 of the criminal procedure law;    f.   to   issue   uniform   appearance  tickets  pursuant  to  article  twenty-seven of the parks, recreation and historic preservation law  and  to  issue  simplified  traffic information pursuant to section 100.25 of  the criminal procedure law and section two hundred seven of the  vehicle  and traffic law;    g.  to issue a uniform navigation summons and/or complaint pursuant to  section nineteen of the navigation law;h. to issue uniform appearance tickets pursuant to article seventy-one  of the environmental conservation law; and    i.  to  seize  an  alcoholic  beverage  upon  observing a person under  twenty-one years of age openly in possession of an alcoholic beverage as  defined in section three of the alcoholic  beverage  control  law,  with  intent  to consume such beverage in violation of section sixty-five-c of  such law.    2. For purposes of this  section,  "geographical  area  of  authority"  means  any real property owned by or under the control of the college by  which the security guard is employed and located within  the  geographic  boundaries of the county wherein the appointment was made.    3.  To  become  eligible  for  appointment as a private college campus  security officer a security guard must  first  successfully  complete  a  course  of instruction in public and private law enforcement approved by  the municipal police  training  council,  the  security  guard  advisory  council,  or  the department of state or other comparable course offered  or recognized by a department or agency of the  state  of  New  York  as  providing appropriate training for the exercise of the powers enumerated  in  this  section. Such training shall also comply with all requirements  of article seven-A of the  general  business  law  and  any  regulations  promulgated thereunder.    4. To be eligible for appointment as a private college campus security  officer,  an  applicant  shall  be  of  good  character,  cooperate in a  background check as may be required by the county sheriff or  chief  law  enforcement  officer, be at least twenty-one years of age at the time of  appointment, be a citizen of the United States,  and  be  in  compliance  with  the  requirements  of, and duly registered in accordance with, the  provisions of article seven-A  of  the  general  business  law  and  any  regulations promulgated thereunder.    5. The duration of the appointment shall be coexistent with the period  of  employment except as otherwise provided in this section, section six  hundred sixty-two of the county law or section two  hundred  nine-aa  of  the general municipal law, as added by chapter six hundred eleven of the  laws of nineteen hundred ninety-five.    6.  Any  independent  non-profit college which requests appointment of  any of its security guards as a private college campus security  officer  as  provided  for in subdivision one of this section shall indemnify and  hold harmless, the appointing sheriff, the county in which such  sheriff  serves,  the  appointing  chief  law enforcement officer and the city in  which such chief law  enforcement  officer  serves  from  liability  and  damages  including  cost  of defense to the extent proximately caused by  the intentional or negligent acts or omissions of the college's security  guards while acting  pursuant  to  their  scope  of  employment  by  the  college.    7.  A college shall immediately notify the appointing sheriff or chief  law enforcement officer whenever  a  security  guard  appointed  by  the  college  as  a  private  college  campus  security  officer is arrested,  suspended from employment, transferred, terminated or disabled so as  to  be  incapable of performing campus security officer duties. Upon receipt  of such notice, the sheriff  or  chief  law  enforcement  officer  shall  immediately revoke such appointment.    8.  Private  college  campus security officers appointed in accordance  with this section shall not be subject to assignment under  section  two  hundred nine-f of the general municipal law or any mutual aid provisions  of law.