NY Educ L § 6435 (2021)
2021 New York Laws EDN - Education Title 7 - State and City Colleges and Institutions-Cornell University Article 129-A - Regulation by Colleges of Conduct on Campuses and Other College Property Used for Educational Purposes 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; andi.  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.