Relates to categorizing retired police officers employed by a school district as a school resource officer as peace officers

4 Co-sponsors

• Martin J. Golden
• William J. Larkin Jr.
• Kathleen A. Marchione
• James L. Seward

Title of bill

An act to amend the criminal procedure law, in relation to peace officers

Purpose

To promote school safety by providing retired police officers with peace officer status when they are employed by a school district as a school resource officer.

Summary of provisions

Section 1. Amends section 2.10 of the criminal procedure law by expanding the definition of peace officer to include retired police officers employed by a school district as a school resource officer.

Section 2. This act shall take effect immediately

Justification

School resource officers are great assets to school districts striving to enhance school safety. School resource officers are not just hired guards; they collaborate with educators, parents, and children to develop educational programs, prevent drug abuse, and minimize violence. They are educators, law enforcers, and counselors. Police officers are ideal for this job, because their specialized knowledge enhances a school's environmental safety planning and facilities management, school-safety policy, and emergency response preparedness.

However, the cost of hiring a full-time police officer to serve as a school resource officer is prohibitive to both police departments and school districts. To solve this financial problem, a school district could hire a retired police officer to serve as their school resource officer. Such individuals would possess the necessary experience and training but could be paid less than an active duty police officer.

As part of the public protection budget, Chapter 55 of the Laws of 2013 contains language that authorizes the commissioner of education to allow a retired police officer employed as a school resource officer to earn more than $20,000 dollars without that retired police officer applying for a "211 waiver." This is a laudable first step towards providing school districts with a financially plausible option for hiring a school resource officer. This bill takes the necessary next step to realize that goal by providing those retired police officers who are employed as school resource officers with peace officer powers. These powers include the ability to arrest as well as to carry an armed weapon on school grounds. These powers enable a school resource officer to effectively protect the school from wrongdoers. This bill in no way grants a school district any licensing authority; the retired police officer would still have to be licensed pursuant to Penal Law § 400.00

Legislative history

2013-14: S.4985 Passed Senate

Fiscal implications

None to the state

Effective date

Immediately.