2023 New York Laws › RRD - Railroad › Article 3 - Construction, Operation and Management › 88 - When Railroads May Designate Police Officers.

§  88.    When  railroads  may  designate police officers. 1. Upon the
  application of any corporation owning or operating a  railroad,  express
  company  operating  over  a  railroad,  or of any steamboat company, the
  superintendent of state police  may  appoint  any  person  as  a  police
  officer, with all the powers of a police officer in cities and villages,
  for the preservation of order and of the public peace, and the arrest of
  all persons committing offenses upon the land of or upon property in the
  custody  of or under the control of such corporation, express company or
  steamboat company.
2. Such application shall be in writing, specifying the name, age, and
  address of each person for whom an appointment is sought.
3. The corporation, express company or steamboat  company  making  any
  such application shall cause the fingerprints of each proposed appointee
  to  be  taken  in  the  form  and  manner  prescribed by the division of
  criminal justice services and one set  of  such  fingerprints  shall  be
  forwarded  to  the division of criminal justice services, and one set to
  the federal bureau of investigation. Such fingerprints shall be searched
  by each agency against the fingerprint  records  in  its  files  and  be
  retained in the files of such agencies.
4.  Reports  of  the results of such searches shall be reviewed by the
  superintendent of state police  prior  to  granting  an  appointment  to
  determine  whether  a  proposed  appointee is thereby shown to have been
  convicted of a crime in the state of New York or of any offense  in  any
  other  place which if committed in the state of New York would have been
  a crime and no person who is determined by such review to have  been  so
  convicted shall receive an appointment under this section.
5.  The  corporation,  express  company  or  steamboat  company making
  application shall also cause an  investigation  to  be  conducted  in  a
  manner  satisfactory  to  the  superintendent  of  state  police  of the
  character, qualifications and fitness of  each  proposed  appointee  and
  shall  transmit  to  the  superintendent of state police a report of the
  results  of  such  investigation  which  shall  be   reviewed   by   the
  superintendent  of  state  police  and no person whom such investigation
  shows to be  other  than  of  good  moral  character  shall  receive  an
  appointment under this section.
6. No person shall be granted an appointment as a police officer under
  this  section  unless  and  until  the  corporation,  express company or
  steamboat company making application shall certify to the superintendent
  of state police that the proposed appointee has had the  minimum  police
  training  required  for  local  police  officers by the municipal police
  training  council  of  the  office  of   local   government,   executive
  department,  state  of  New  York, or such equivalent training as may be
  specifically approved by the executive director of the municipal  police
  training  council  or if the proposed appointee has not had such minimum
  training that he will receive the same within  twelve  months  from  the
  date of any appointment granted under this section.
7. No person shall be granted an appointment as a police officer under
  this  section  unless  and  until  the  corporation,  express company or
  steamboat company making application shall certify to the superintendent
  of state police that the proposed appointee has  had  adequate  firearms
  training  or  that  before  he  is  issued  and/or is permitted to carry
  firearms and within six months from the date  of  any  appointment  made
  under this section, he will receive such training.
8.  If  any  person  who  has  not  received the minimum police and/or
  firearms training described  in  subdivisions  six  and  seven  of  this
  section  shall  be  appointed  a  police officer under this section, the
  corporation, express company or steamboat company which made application
  for his or her employment shall  furnish  the  superintendent  of  state

  police,  within  six  months  of  the date of appointment, a certificate
  issued by an approved municipal police council training  school  or  its
  equivalent  as  previously  described  in  this  section, certifying the
  successful  completion by the appointee of the minimum training required
  and/or shall certify to the superintendent of state  police  within  six
  months  of  the  date  of  appointment  that  the appointee has received
  adequate training  in  the  use  of  firearms  and  in  the  event  such
  certificate   and/or   such   certification   are   not   furnished  the
  superintendent of state police within the time prescribed herein, he  or
  she shall revoke the appointment.
9.  The  superintendent  of state police shall file the certificate of
  appointment of any such person in the office of the department of state,
  and shall forthwith notify the person appointed, by mail, at the address
  specified in the application that the certificate  has  been  so  filed.
  Each such person shall, within fifteen days after such certificate shall
  have been filed, and before entering upon the duties of his office, take
  and  subscribe  the  constitutional  oath  of office, and file it in the
  office of the department of  state.  The  home  address  of  the  person
  appointed  shall  appear in the certificate of appointment, and whenever
  such address is changed the corporation, express  company  or  steamboat
  company   employing   the   person   appointed   shall   file  with  the
  superintendent of state police a statement of the new address.
10. No person shall be appointed who is not an American  citizen,  and
  who  has  not, prior to the time of the filing of the application, filed
  in the office of the department of state his or her written  consent  to
  his or her appointment as such police officer.
11. No conductor, brakeman, fireman, engineer or other person actively
  engaged in the operation and movement of any train or car or set of cars
  shall be eligible for appointment as a police officer.
12. Each person designated to act as such police officer shall receive
  a  license  from  the  secretary  of state and shall not be permitted to
  enter upon his or her duties as such police officer until he or she  has
  actually received such license.
13.  Every  such  police  officer  shall  when on duty wear a metallic
  shield with  the  words  "railroad  police"  or  "steamboat  police"  or
  "express  police"  as  the  case may be and the name of the corporation,
  express company or  steamboat  company  for  which  appointed  inscribed
  thereon,  which shall always be worn in plain view, except when employed
  as a detective.
14. A person appointed police officer under this  section  shall  not,
  while the appointment is in force, be employed by or perform any service
  for the corporation, express company, or steamboat company, in any other
  capacity  than  that  of  police  officer  and  he  or  she shall not be
  permitted to exercise the duties or functions of a police officer except
  upon the property or in connection with the property connected  with  or
  under  the  control  of  the  corporation, express company, or steamboat
  company, for which he or she has been appointed.
15. The compensation of every such police officer shall be such as may
  be agreed upon between him or her and the corporation, express  company,
  or steamboat company, for which he or she is appointed and shall be paid
  by the corporation, express company, or steamboat company.
16.  When any such corporation, express company, or steamboat company,
  shall no longer require the services of  any  police  officer  appointed
  under  this section it shall file notice to that effect in the office of
  the department of state, and thereupon such appointment shall cease  and
  be at an end.
17.  The superintendent of state police may also at pleasure revoke or
  suspend the appointment of any such police officer by filing a notice of

  suspension or revocation thereof in the  office  of  the  department  of
  state  and  mailing  a notice of such filing to the corporation, express
  company or steamboat company for which he or she was appointed, and also
  to  the  person whose appointment is suspended or revoked, at his or her
  last home address as the same appears in the certificate of  appointment
  or the latest statement thereof on file. An appointment suspended by the
  superintendent  may  be  restored  by  him  or  her upon the filing of a
  restoration notice to the department of state, the person suspended, and
  his or her employer.
18. If such person thereafter, knowing of such revocation or having in
  any manner received notice thereof, exercises or  attempts  to  exercise
  any  of  the  powers  of a police officer, under this section, he or she
  shall be guilty of a misdemeanor; and the filing  and  mailing  of  such
  notice,  as  above  provided,  shall  be  presumptive evidence that such
  person knew of the revocation.