Section 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.