S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5783
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 14, 2013
                                      ___________
       Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
         and when printed to be committed to the Committee on Codes
       AN ACT in relation to authorizing the Co-op City public  safety  depart-
         ment  in Bronx county to appoint special policemen with certain speci-
         fied powers, and to amend the criminal procedure law, in  relation  to
         granting peace officer status to special policemen so appointed
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. The legislature finds that the  popu-
    2  lation  and  land  area  under  the  supervision and jurisdiction of the
    3  limited profit housing company known as "Co-op City" in Bronx county are
    4  the largest of any single housing project or complex in  the  state  and
    5  are  akin  to  the population and land area associated in popular under-
    6  standing with a city. The legislature further finds that, unfortunately,
    7  the larger the population and land area of a community, the  more  inci-
    8  dents of crime are likely to occur and the greater the need for stepped-
    9  up law enforcement activity, and this is no less true of Co-op City. The
   10  legislature  further  finds  that the patrolmen of the housing company's
   11  Co-op City public safety department perform what are essentially munici-
   12  pal police functions at little or no cost to the taxpayers of this state
   13  because the salaries and  law  enforcement  activities  of  the  housing
   14  company's  Co-op City public safety department, which activities supple-
   15  ment and often take the place of those of the police department  of  the
   16  city  of  New  York, are paid for out of the monthly housing maintenance
   17  payments of the residents of Co-op  City,  rather  than  from  municipal
   18  coffers.  It  is clear that without the Co-op City public safety depart-
   19  ment's patrolmen the city of New York and the taxpayers of the city  and
   20  state would necessarily have to shoulder the sole burden of law enforce-
   21  ment for Co-op City.
   22    Accordingly,  the legislature finds and declares that the unique situ-
   23  ation and special conditions present with respect to the area and commu-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09933-03-3
       S. 5783                             2
    1  nity known as "Co-op City" in Bronx county are matters of state  concern
    2  and  warrant  granting  the  patrolmen  of  the Co-op City public safety
    3  department powers analogous to those granted  by  law  to  the  security
    4  officers of the state university of New York contained in paragraph l of
    5  subdivision  2 of section 355 of the education law, as specified herein-
    6  below in this act. The legislature declares the necessity for the enact-
    7  ment of this act in furtherance of its  police  powers  to  protect  the
    8  public safety of the residents of this state.
    9    S  2. The public safety department of a limited profit housing company
   10  known as "Co-op City", a company owning,  leasing  or  controlling  real
   11  property  in  a  large  area  of  Bronx  county,  and its successors and
   12  assigns, may appoint and at pleasure remove, one or more special police-
   13  men. Every special policeman so appointed shall, within 15  days  there-
   14  after,  before  entering on the duties of his office, take and subscribe
   15  the oath of office prescribed in the thirteenth article of the constitu-
   16  tion of the state of New York and file the same in  the  office  of  the
   17  county  clerk  of  the county of Bronx. The compensation of such special
   18  policemen shall be paid by such public safety department by  which  they
   19  are appointed.
   20    S  3.  Subject  to  the provisions of the criminal procedure law, such
   21  special policemen shall be peace officers for the limited profit housing
   22  company known as "Co-op City" in Bronx county, or for its successors and
   23  assigns. In addition thereto such special policemen shall have the power
   24  and duty to preserve law and order on the grounds and other property  of
   25  the  company  at  which  the  special  policeman  is appointed to serve,
   26  including any public highway which crosses  or  adjoins  such  property.
   27  Persons  so appointed shall, in the course of and in the actual perform-
   28  ance of their official duties have the power to execute arrest  warrants
   29  pursuant  to  article  120  of  the  criminal  procedure  law and search
   30  warrants pursuant to article 690 of the  criminal  procedure  law.    In
   31  addition,  such peace officers shall, in the course of and in the actual
   32  performance of their official duties have the power to follow  a  person
   33  in continuous close pursuit outside the grounds or other property of the
   34  company  when the special policeman has reasonable cause to believe such
   35  person has committed an offense on the grounds or other property of  the
   36  company including any public highway which crosses or adjoins such prop-
   37  erty,  and  may  arrest such person for such offense where the person is
   38  apprehended, and shall have the power to issue and serve  an  appearance
   39  ticket,  as defined in section 150.10 of the criminal procedure law, for
   40  an offense other than a felony in lieu of an arrest,  and  a  simplified
   41  traffic  information and appearance ticket in the form prescribed by the
   42  commissioner of motor vehicles pursuant to section 207  of  the  vehicle
   43  and  traffic  law, upon a person when he has reasonable cause to believe
   44  that such person has committed a traffic offense in his presence on  the
   45  sites  owned,  operated  and  maintained  by  the limited profit housing
   46  company known as "Co-op City", and  where  applicable,  such  simplified
   47  traffic informations shall be administered pursuant to the provisions of
   48  article 2-A of the vehicle and traffic law.
   49    The  appointment  of such peace officers shall not be deemed to super-
   50  sede in any way the authority of other peace officers  or  police  offi-
   51  cers.
   52    Such  peace  officers shall have the power to prevent disturbances and
   53  breaches of the peace in and about the parks, playgrounds, buildings and
   54  grounds so owned, leased or controlled, and the approaches thereto,  and
   55  shall  protect  and preserve the same from injury, and shall enforce the
   56  established rules and regulations of the company. They  shall  have  the
       S. 5783                             3
    1  power  to  arrest,  or issue appearance tickets as authorized by article
    2  150 of the criminal procedure law or any other law, administrative  code
    3  or  local  law  to,  any  person  committing:  (i) any crime or offense,
    4  including but not limited to any wilful trespass in said area or on such
    5  grounds  or  property  or  in  or upon such buildings or on the streets,
    6  avenues, and roads in  said  area  or  on  such  grounds,  or  (ii)  any
    7  violation  of  the  provisions of, or traffic infraction defined by, the
    8  vehicle and traffic law, or (iii) any violation of the traffic or  park-
    9  ing  regulations  of  the  city  of  New York, and shall either issue an
   10  appearance ticket as authorized by article 150 of the criminal procedure
   11  law or any other law, administrative code or local  law  to,  or  convey
   12  such  person  so  arrested  with a statement of the cause of such arrest
   13  before a local criminal court having jurisdiction of the offense.
   14    Each such special policeman shall, when on duty, wear in plain view  a
   15  metallic  shield  with  the words "special policeman", his rank, if any,
   16  and the name of the public safety department of the limited profit hous-
   17  ing company which appointed him inscribed thereon.
   18    S 4. Any wilful trespass in said area or upon any grounds  therein  or
   19  the  buildings  and  approaches thereto; and any wilful injury to any of
   20  the said buildings, grounds, area, or to any trees,  shrubbery,  fences,
   21  fixtures or other property thereon or pertaining thereto, and any wilful
   22  disturbance of the peace thereon shall constitute a misdemeanor.
   23    S  5.  The  provisions  of the vehicle and traffic law and the traffic
   24  regulations and parking regulations of the city of New York shall  apply
   25  and  extend  to the use, operation and maintenance  of motor vehicles on
   26  the streets, avenues, and roads of the said Co-op City area or  on  such
   27  grounds,  and shall apply with the same force and effect to the streets,
   28  avenues, and roads of the said  area  as  they  apply  to  the  streets,
   29  avenues  and roads of the city of New York. A violation thereof shall be
   30  classifiable and punishable as provided in such law or regulations.
   31    S 6. a. Appearance tickets issued  by  Co-op  City  special  policemen
   32  shall be returnable before a court, administrative tribunal or adjudica-
   33  tory  body  having jurisdiction over the crime, offense, traffic infrac-
   34  tion or parking violation charged, in the same manner and with the  same
   35  effect, and with the same discretion where there is concurrent jurisdic-
   36  tion  over what is charged respecting to which of the three above-listed
   37  alternatives the appearance ticket shall be made returnable, as  appear-
   38  ance  tickets  issued  by  city police or by enforcement officers of any
   39  city agency.
   40    b. Where an appearance ticket has been served by a Co-op City  special
   41  policeman  appointed  as provided in this act in lieu of arrest in cases
   42  authorized by article 150 of the criminal procedure law, the officer  of
   43  the  police  department of the city of New York assigned to desk duty in
   44  the precinct in which the service of such appearance ticket is made,  is
   45  hereby  authorized and directed to administer to such Co-op City special
   46  policeman all necessary oaths in connection with the  execution  of  the
   47  complaint to be presented in the local criminal court by such Co-op City
   48  special policeman in the prosecution of such offense.
   49    S  7.  Section 2.10 of the criminal procedure law is amended by adding
   50  two new subdivisions 84 and 85 to read as follows:
   51    84. PERSONS APPOINTED AS SPECIAL POLICEMEN FOR "CO-OP CITY"  IN  BRONX
   52  COUNTY  BY  THE  PUBLIC  SAFETY  DEPARTMENT  OF A LIMITED PROFIT HOUSING
   53  COMPANY OF THE SAME NAME PURSUANT TO THE PROVISIONS OF A CHAPTER OF  THE
   54  LAWS  OF  TWO  THOUSAND THIRTEEN WHICH ADDED THIS SUBDIVISION, PROVIDED,
   55  HOWEVER, THAT ANY PERSON SO APPOINTED MUST HAVE SATISFACTORILY COMPLETED
   56  OR COMPLETE WITHIN ONE YEAR OF THE DATE OF HIS APPOINTMENT A  COURSE  OF
       S. 5783                             4
    1  LAW ENFORCEMENT TRAINING APPROVED BY THE MUNICIPAL POLICE TRAINING COUN-
    2  CIL IN CONSULTATION WITH THE COMPANY AND SHALL BE SUBJECT TO ANY FURTHER
    3  REQUIREMENTS  AS  ARE SPECIFIED IN SUCH CHAPTER OF THE LAWS OF TWO THOU-
    4  SAND THIRTEEN, AS SUCH CHAPTER MAY, FROM TIME TO TIME, BE AMENDED.
    5    85.    (A)  PERSONS  SERVING  AS  PUBLIC SAFETY OFFICERS FOR A LIMITED
    6  PROFIT HOUSING COMPLEX KNOWN AS "CO-OP CITY" IN BRONX COUNTY TO  PREVENT
    7  CRIME AND ENFORCE THE LAW WHILE ACTING IN CONNECTION WITH THEIR SPECIAL-
    8  IZED DUTIES OF EMPLOYMENT; PROVIDED HOWEVER, THAT NOTHING IN THIS SUBDI-
    9  VISION  SHALL BE DEEMED TO AUTHORIZE ANY SUCH OFFICER TO CARRY, POSSESS,
   10  REPAIR OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE  LICENSE  THEREFOR
   11  HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   12    (B)  PRIOR  TO  PERFORMING THE DUTIES PERMITTED UNDER PARAGRAPH (A) OF
   13  THIS SUBDIVISION, A PERSON MUST HAVE SUCCESSFULLY COMPLETED THE TRAINING
   14  REQUIREMENT SET FORTH IN SECTION 2.30 OF THIS ARTICLE AND ANY ADDITIONAL
   15  PEACE OFFICER TRAINING REQUIRED BY THE MUNICIPAL POLICE TRAINING COUNCIL
   16  IN ACCORDANCE WITH SECTION EIGHT HUNDRED THIRTY-NINE  OF  THE  EXECUTIVE
   17  LAW.
   18    S 8. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.