§ 6435 — Appointment of private college security officers

§ 6435. Appointment of private college security officers. 1.\nNotwithstanding any other provision of law to the contrary, the trustees\nor other governing board of each independent non-profit college which\nmaintains a campus or other property for educational purposes outside\nthe limits of any city having a population of one million or more and is\nchartered by the regents or incorporated by special act of the\nlegislature may request that security guards employed by such college be\nappointed as private college campus security officers by the sheriff of\nthe county in which the college is located pursuant to section six\nhundred sixty-two of the county law or by the chief law enforcement\nofficer of a city where the college is located, pursuant to section two\nhundred nine-aa of the general municipal law, as added by chapter six\nhundred eleven of the laws of nineteen hundred ninety-five. Security\nguards appointed as such campus security officers may exercise within\ntheir geographic area of authority as defined hereinafter any or all of\nthe following powers:\n a. to make a warrantless arrest of a person (i) for any offense when\nhe or she has reasonable cause to believe that such person has committed\nsuch offense in his or her presence and (ii) for a crime when he or she\nhas reasonable cause to believe that such person has committed such\ncrime, whether in his or her presence or otherwise, and follow such\nperson in continuous close pursuit into public places beyond the\ngeographic area of authority to make such warrantless arrest; provided,\nhowever, that such campus security officers shall comply with the\npost-arrest procedures set forth in section 140.40 of the criminal\nprocedure law and shall not interfere with an ongoing criminal\ninvestigation conducted by any police officer;\n b. to use physical force, other than deadly physical force, upon\nanother person when and to the extent that he or she reasonably believes\nsuch to be necessary to effect an arrest pursuant to paragraph a of this\nsubdivision or to prevent the escape from custody of such person and use\ndeadly physical force for such purpose when he or she reasonably\nbelieves such to be necessary to defend himself or herself or a third\nperson from what he or she reasonably believes to be the use or imminent\nuse of deadly physical force;\n c. to carry and utilize a police baton and noxious materials designed\nand intended for prevention of crime and enforcement of law and order;\nprovided, however, that no such campus security officer shall carry or\nuse such police baton or noxious materials before receiving training in\nthe use thereof. Training in the use of a baton shall include, but not\nbe limited to, the defensive use of the baton and instruction in the\nlegal use of physical force pursuant to article thirty-five of the penal\nlaw;\n d. to temporarily possess stolen property, weapons, appliances and\nsubstances described in article two hundred sixty-five of the penal law\nand article thirty-three of the public health law whenever appropriate\nfor the prevention of crime, preservation of evidence and enforcement of\nlaw and order, and as soon thereafter as practicable deliver such stolen\nproperty, weapons, appliances and substances to a police officer;\n e. to issue appearance tickets pursuant to subdivision three of\nsection 150.20 of the criminal procedure law;\n f. to issue uniform appearance tickets pursuant to article\ntwenty-seven of the parks, recreation and historic preservation law and\nto issue simplified traffic information pursuant to section 100.25 of\nthe criminal procedure law and section two hundred seven of the vehicle\nand traffic law;\n g. to issue a uniform navigation summons and/or complaint pursuant to\nsection nineteen of the navigation law;\n h. to issue uniform appearance tickets pursuant to article seventy-one\nof the environmental conservation law; and\n i. to seize an alcoholic beverage upon observing a person under\ntwenty-one years of age openly in possession of an alcoholic beverage as\ndefined in section three of the alcoholic beverage control law, with\nintent to consume such beverage in violation of section sixty-five-c of\nsuch law.\n 2. For purposes of this section, "geographical area of authority"\nmeans any real property owned by or under the control of the college by\nwhich the security guard is employed and located within the geographic\nboundaries of the county wherein the appointment was made.\n 3. To become eligible for appointment as a private college campus\nsecurity officer a security guard must first successfully complete a\ncourse of instruction in public and private law enforcement approved by\nthe municipal police training council, the security guard advisory\ncouncil, or the department of state or other comparable course offered\nor recognized by a department or agency of the state of New York as\nproviding appropriate training for the exercise of the powers enumerated\nin this section. Such training shall also comply with all requirements\nof article seven-A of the general business law and any regulations\npromulgated thereunder.\n 4. To be eligible for appointment as a private college campus security\nofficer, an applicant shall be of good character, cooperate in a\nbackground check as may be required by the county sheriff or chief law\nenforcement officer, be at least twenty-one years of age at the time of\nappointment, be a citizen of the United States, and be in compliance\nwith the requirements of, and duly registered in accordance with, the\nprovisions of article seven-A of the general business law and any\nregulations promulgated thereunder.\n 5. The duration of the appointment shall be coexistent with the period\nof employment except as otherwise provided in this section, section six\nhundred sixty-two of the county law or section two hundred nine-aa of\nthe general municipal law, as added by chapter six hundred eleven of the\nlaws of nineteen hundred ninety-five.\n 6. Any independent non-profit college which requests appointment of\nany of its security guards as a private college campus security officer\nas provided for in subdivision one of this section shall indemnify and\nhold harmless, the appointing sheriff, the county in which such sheriff\nserves, the appointing chief law enforcement officer and the city in\nwhich such chief law enforcement officer serves from liability and\ndamages including cost of defense to the extent proximately caused by\nthe intentional or negligent acts or omissions of the college's security\nguards while acting pursuant to their scope of employment by the\ncollege.\n 7. A college shall immediately notify the appointing sheriff or chief\nlaw enforcement officer whenever a security guard appointed by the\ncollege as a private college campus security officer is arrested,\nsuspended from employment, transferred, terminated or disabled so as to\nbe incapable of performing campus security officer duties. Upon receipt\nof such notice, the sheriff or chief law enforcement officer shall\nimmediately revoke such appointment.\n 8. Private college campus security officers appointed in accordance\nwith this section shall not be subject to assignment under section two\nhundred nine-f of the general municipal law or any mutual aid provisions\nof law.\n