N.Y. Education Law § 6435: Appointment of private college security officers

§ 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.