The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Article 129-A of the education law is REPEALED. § 2. The education law is amended by adding a new article 129-A to read as follows: ARTICLE 129-A REGULATION BY COLLEGES OF CONDUCT ON CAMPUSES AND OTHER COLLEGE PROPERTY USED FOR EDUCATIONAL PURPOSES Section 6430. General provisions. 6431. Advisory committee on campus security. 6432. Sexual assault prevention information. 6433. Campus crime reporting and statistics. 6434. Investigation of violent felony offenses. 6435. Appointment of private college security officers. § 6430. General provisions. 1. The trustees or other governing board of every college chartered by the regents or incorporated by special act of the legislature and which maintains a campus, unless otherwise provided, shall adopt rules and regulations for all policies required pursuant to this article and for the maintenance of public order on college campuses and other college property used for educational purposes and provide a program for the enforcement thereof. Such rules and regulations shall prohibit, among other things, any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization. Such rules and regulations shall govern the conduct of students, faculty and other staff as well as visitors and other licensees and invitees on such campuses and property. The penalties for violations of such rules and regulations shall be clearly set forth therein and shall include provisions for the ejection of a violator from such campus and property, in the case of a student or faculty violator his or her suspension, expulsion, or other appropriate disciplinary action, and in the case of an organization which authorizes such conduct, recision of permission for that organization to operate on campus property. Such penalties shall be in addition to any penalty pursuant to the penal law or any other law to which a violator or organization may be subject. 2. A copy of such rules and regulations shall be given to all students enrolled in said college and shall be deemed to be part of the by-laws of all organizations operating on said campus which shall review annually such by-laws with individuals affiliated with such organizations. EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.

CHAP. 597 2 3. Such rules and regulations shall be filed with the department on or before the first day of July, two thousand four, and not later than ninety days after an amendment to such rules and regulations. 4. If the trustees or other governing board of a college fails to file the rules and regulations within the time required by this section such college shall not be eligible to receive any state aid or assistance until such rules and regulations are duly filed. 5. Nothing contained in this article is intended nor shall it be construed to limit or restrict the freedom of speech nor peaceful assembly. § 6431. Advisory committee on campus security. 1. The president or chief administrative officer of each college, except those independent colleges ineligible to receive state aid under section sixty-four hundred one of this title, shall appoint an advisory committee on campus security. 2. Such committee shall consist of a minimum of six members, at least half of whom shall be female; one-third of the committee shall be appointed from a list of students that contains at least twice the number to be appointed which is provided by the largest student governance organization on such campus, one-third thereof shall be appointed from a list of faculty members that contains twice the number to be appointed which is provided by the largest faculty organization on such campus, and one-third of whom shall be selected by the president or chief administrative officer. 3. The committee shall review current campus security policies and procedures and make recommendations for their improvement. It shall specifically review current policies and procedures for: a. educating the campus community, including security personnel and those persons who advise or supervise students, about sexual assault pursuant to section sixty-four hundred thirty-two of this article; b. educating the campus community about personal safety and crime prevention; c. reporting sexual assaults and dealing with victims during investigations; d. referring complaints to appropriate authorities; e. counseling victims; and f. responding to inquiries from concerned persons. 4. The committee shall report, in writing, to the college president or chief administrative officer on its findings and recommendations at least once each academic year, and such report shall be available upon request. 5. Nothing in this section shall be construed to alter, amend, modify or affect existing standards for civil liability. § 6432. Sexual assault prevention information. Each college shall inform incoming students about sexual assault prevention measures through programs which may include workshops, seminars, discussion groups, and film presentations, in order to disseminate information about sexual assault, promote discussion, encourage reporting of incidents of sexual assault, and facilitate prevention of such incidents. Such information shall include, but not be limited to: 1. the applicable laws, ordinances, and regulations on sex offenses; 2. the penalties for commission of sex offenses; 3. the procedures in effect at the college for dealing with sex offenses; 4. the availability of counseling and other support services for the victims of sex offenses;

3 CHAP. 597 5. the nature of and common circumstances relating to sex offenses on college campuses; and 6. the methods the college employs to advise and to update students about security procedures. § 6433. Campus crime reporting and statistics. Each college that receives state aid shall indicate in their campus catalog, student hand book and viewbook how to access the campus crime statistics that are filed annually with the United States Department of Education as required under Title 20 of the U.S. Code Section 1092(f). Every campus catalog, student handbook and viewbook shall state that "The Advisory Committee on Campus Safety will provide upon request all campus crime statistics as reported to the United States Department of Education." The information in the campus catalog, student handbook and viewbook shall include the United States Department of Education's web site address for campus crime statistics and a campus phone number for a designated college campus contact who is authorized to provide such statistics for that college. Whenever an individual requests such campus crime statistics, the college shall provide a hard copy mailed to the individual within ten days of the request and that information will include all of the statistics that the campus is required to ascertain under Title 20 of the U.S. Code Section 1092(f). The president or chief administrative officer of each college shall, working with the advisory committee on campus safety, take steps to inform students and prospective students of the existence of the campus crime statistics on an annual basis and other campus safety policies and procedures of the school. § 6434. Investigation of violent felony offenses. 1. Each college shall adopt and implement a plan providing for the investigation of any violent felony offense occurring at or on the grounds of each such institution, and providing for the investigation of a report of any missing student. Such plans shall provide for the coordination of the investigation of such crimes and reports with local law enforcement agencies. Such plans shall include, but not be limited to, written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports. 2. As used in this section, the following terms shall have the following meanings: a. "Local law enforcement agencies" means any agency or agencies employing peace officers or police officers for the enforcement of the laws of the state, and which has or have jurisdiction under provisions of the criminal procedure law over offenses occurring at or on the grounds of any institution subject to the provisions of this section. b. "Missing student" means any student of an institution subject to the provisions of this section, who resides in a facility owned or operated by such institution and who is reported to such institution as missing from his or her residence. c. "Violent felony offense" means a violent felony offense as defined in subdivision one of section 70.02 of the penal law. § 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

CHAP. 597 4 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; and 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. 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.

5 CHAP. 597 4. To be eligible for appointment as a private college campus security officer, an applicant shall be of good character, cooperate in a back ground 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. § 3. Subdivision 1 of section 209-aa of the general municipal law, as added by chapter 611 of the laws of 1995, is amended to read as follows: 1. Notwithstanding any other provision of law to the contrary, the chief law enforcement officer charged with oversight of law enforcement throughout a city having a population of less than one million may appoint as private college campus security officers security guards employed by an independent non-profit college upon the request of such independent non-profit college in accordance with the provisions of [subdivision five of section sixty-four hundred fifty] section sixty-four hundred thirty-five of the education law. The chief law enforcement officer may appoint such campus security officers pursuant to this section only if more than fifty percent of the total acreage of real property owned by or under the control of such independent non-profit college is located within such city and the city council, pursuant to local law or resolution duly adopted, has authorized such chief law enforcement officer to make appointments pursuant to this section. Any such security guards appointed as campus security officers shall be employees of the independent non-profit college requesting such appointment and shall not be officers, agents, servants or employees of such chief law enforcement officer or his city of jurisdiction nor be considered public officers, agents, servants or employees. Such campus security officers shall only have the powers set forth in [subdivision five of

CHAP. 597 6 section sixty-four hundred fifty] section sixty-four hundred thirty-five of the education law. § 4. Subdivision 2 of section 209-aa of the general municipal law, as added by chapter 611 of the laws of 1995, is amended to read as follows: 2. The chief law enforcement officer may condition appointment as private college campus security officers upon compliance by such campus security officers with written procedures established by such chief law enforcement officer in order to ensure a coordinated and cooperative law enforcement effort and the payment of an administrative fee not to exceed fifty dollars per year per campus security officer and may revoke such appointments at any time for material non-compliance with the requirements of such written procedures or [subdivision five of section sixty-four hundred fifty] section sixty-four hundred thirty-five of the education law or for any other reason that shall disqualify a security guard from being a campus security officer pursuant to the provisions of such [subdivision] section. § 5. This act shall take effect on the first of July next succeeding the date on which it shall have become a law. The Legislature of the STATE OF NEW YORK ss: Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence. JOSEPH L. BRUNO SHELDON SILVER Temporary President of the Senate Speaker of the Assembly

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