NY State Senate Bill 2009-S5054

Senate Bill S5054

2009-2010 Legislative Session

Provides for police officer training program and the creation of the police training board; establishes a fund therefor

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Apr 27, 2009	referred to finance

co-Sponsors

2009-S5054 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §§231 & 232, Exec L; add §97-j, St Fin L

2009-S5054 (ACTIVE) - Summary

Provides for police officer training program and the creation of the police officer training board; establishes a fund therefor.

2009-S5054 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5054

 TITLE OF BILL :  An act to amend the executive law and the state
finance law, in relation to establishing the police officer training
program

 PURPOSE :  To provide funding and technical assistance to cities with
a population of 100,000 or more to support the delivery of specialized
police officer non-lethal tactics training.

 SUMMARY OF PROVISIONS :  Authorizes the Superintendent of State
Police to make grants to municipal police departments to enhance
non-lethal tactics training.

 JUSTIFICATION :  The New York Police Department Patrol Guide sets
forth the NYPD's policies with respect to the use of force. The Patrol
Guide advises that at the scene of a police incident officers must (1)
immediately establish firearm control, (2) use minimum necessary force
and (3) employ non-lethal alternatives, as appropriate. While the
Patrol Guide does provide a detailed description for the use of
non-lethal weapons like pepper spray and tear gas, it does not provide
any clear guidance on the appropriateness of their use. There ought to
be an objective evaluation by police departments with similar patrol
guides of the benefits and risks in use of non-lethal force and
weapons. The need for implementation of a policy to require additional
officer training on the appropriateness of non-lethal force, including

additional training on how to assess situations properly and quickly
when non-lethal force or weapons are preferred over more aggressive
response techniques, cannot be overstated.

Police departments need to have a well-defined training program that
includes both extensive and comprehensive initial training and
mandatory annual continuing training on non-lethal techniques. This
training should include, in conjunction with proper procedures for use
of non-lethal force and weapons, a focus on communication skills and
verbal disengagement techniques designed to avoid and mitigate
escalation of confrontation. An emphasis should be placed on training
with interactive real-life scenarios in which officers confront
ethical dilemmas in deciding on a level of force and provide proper
protocol and guidelines for these situations. Training should also
include a significant amount of hands-on training and practice in
administering and deploying non-lethal force and of non-lethal
weapons.

Enhanced police officer training should include instruction on the use
of lower level-of-force techniques with certain vulnerable
populations, such as individuals with physiological or psychological
impairments, pregnant women, children, and those individuals under the
influence of narcotics or hallucinogens. Specialized training should
be seen as an effective way to teach officers how to interact with
people with a mental illness or disability in order to minimize
instances where certain behaviors are misinterpreted as being either
suspicious or uncooperative.

Police departments should also have clearer defined policies regarding
procedures and reporting requirements for using non-lethal force or
weapons. The policy should include a mandated evaluation by a
physician or other qualified medical personnel before or upon arrival
at the police station for those in custody when there is evidence of
mental disability. In addition, officers who use non-lethal force
should be required to complete and submit individual reports,
including but not limited to a description of the circumstances giving
rise to the use of force, manner in which force was applied, and
medical treatment, if any administered.

 LEGISLATIVE HISTORY :  New bill in 2008; S.8408
 FISCAL IMPLICATIONS :  To be determined.

 LOCAL FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :  On the first day of October next succeeding the
date on which it shall have become law. Any rules and regulations
necessary for the timely implementation of the act on its effective
date shall be promulgated immediately.

2009-S5054 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5054

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law and the state finance law, in relation
  to establishing the police officer training program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding two new sections 231
and 232 to read as follows:
  S  231.  POLICE OFFICER TRAINING PROGRAM. 1. THE SUPERINTENDENT OF THE
DIVISION OF STATE POLICE SHALL, PURSUANT TO THE DIRECTION OF THE  POLICE
OFFICER TRAINING BOARD AS SET FORTH IN SECTION TWO HUNDRED THIRTY-TWO OF
THIS ARTICLE, MAKE GRANTS TO MUNICIPAL POLICE DEPARTMENTS TO AUGMENT THE
EFFECTIVE  USE  OF  NON-LETHAL  TACTICS AND WEAPONS IN THE COURSE OF THE
PERFORMANCE OF A POLICE OFFICER'S OFFICIAL DUTIES.  FOR PURPOSES OF THIS
SECTION, "MUNICIPAL POLICE DEPARTMENT" SHALL MEAN A POLICE DEPARTMENT IN
ANY CITY WITH A POPULATION OF ONE HUNDRED THOUSAND OR MORE.
  2. GRANTS AWARDED UNDER SUBDIVISION ONE OF THIS SECTION  MAY  BE  USED
FOR  PROGRAMS,  TRAINING,  AND  OTHER ACTIVITIES TO DESIGN AND IMPLEMENT
DEPARTMENTAL POLICIES AND OPERATING PROCEDURES THAT ENHANCE THE  USE  OF
NON-LETHAL  WEAPONS  AND  TACTICS  BY POLICE OFFICERS TO MAINTAIN PUBLIC
ORDER AND SAFETY.
  3. THE SUPERINTENDENT OF THE DIVISION  OF  STATE  POLICE  MAY  PROVIDE
TECHNICAL  ASSISTANCE  IN  FURTHERANCE  OF THE PURPOSES OF THIS SECTION.
SUCH TECHNICAL ASSISTANCE MAY  INCLUDE  THE  ESTABLISHMENT  OF  TRAINING
CENTERS OR FACILITIES FOR THE PURPOSES DESCRIBED IN THIS SECTION.
  4.  NO  GRANT  MAY BE AWARDED UNDER THIS SECTION UNLESS AN APPLICATION
HAS BEEN SUBMITTED TO, AND APPROVED BY, THE SUPERINTENDENT OF THE  DIVI-
SION  OF  STATE  POLICE.  AN  APPLICATION FOR A GRANT UNDER THIS SECTION
SHALL BE SUBMITTED IN SUCH FORM, AND CONTAIN SUCH INFORMATION,  AS  SUCH
SUPERINTENDENT  MAY PRESCRIBE BY REGULATION OR GUIDELINES. IF THE APPLI-
CATION IS FOR A GRANT TO DEVELOP AND  CONDUCT  POLICE  OFFICER  TRAINING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04483-01-9

S. 5054                             2

PROGRAMS  FOR POLICE OFFICERS, SUCH ACADEMIC RESEARCH CENTER OR NOT-FOR-
PROFIT ENTITY SHALL DEMONSTRATE THE NECESSARY  EXPERTISE  IN  DEVELOPING
AND CONDUCTING POLICE OFFICER TRAINING.
  5.  FUNDS  AWARDED  UNDER  THIS  SECTION SHALL NOT BE USED TO SUPPLANT
STATE OR LOCAL FUNDS. FIFTY PERCENT OF  THE  FUNDS  AWARDED  UNDER  THIS
SECTION SHALL BE AWARDED TO MUNICIPAL POLICE DEPARTMENTS FOR ENHANCEMENT
OF  POLICE  OFFICER  RECRUITMENT  AND  FIFTY PERCENT SHALL BE AWARDED TO
ACADEMIC RESEARCH CENTERS OR  NOT-FOR-PROFIT  ENTITIES  TO  DEVELOP  AND
CONDUCT   POLICE  OFFICER  TRAINING  PROGRAMS  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS SECTION. NO GRANT MAY BE AWARDED UNDER  THIS  SECTION
TO  AN  ACADEMIC  RESEARCH  CENTER  OR NOT-FOR-PROFIT ENTITY UNLESS SUCH
CENTER OR ENTITY HAS ENTERED INTO A WRITTEN AGREEMENT WITH  A  MUNICIPAL
POLICE DEPARTMENT FOR THE TRAINING OF POLICE OFFICERS IN ACCORDANCE WITH
THE PROVISIONS OF THIS SECTION.
  S  232.  THE POLICE OFFICER TRAINING BOARD. 1. THERE IS HEREBY CREATED
IN THE DIVISION OF STATE POLICE THE POLICE OFFICER TRAINING BOARD (HERE-
INAFTER "BOARD"), WHICH SHALL CONSIST OF NINE MEMBERS. ONE EACH OF  SUCH
MEMBERS  SHALL  BE APPOINTED BY THE ATTORNEY GENERAL, THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER  OF
THE  SENATE, THE MINORITY LEADER OF THE ASSEMBLY, THE CHIEF JUDGE OF THE
COURT OF APPEALS AND THE NEW YORK STATE COMPTROLLER. TWO  MEMBERS  SHALL
BE APPOINTED BY THE GOVERNOR.
  2. MEMBERS OF THE BOARD SHALL SERVE FOR A TERM OF FOUR YEARS AND SHALL
SERVE  WITHOUT  COMPENSATION,  EXCEPT THAT SUCH MEMBERS OF THE BOARD WHO
ARE NOT  PUBLIC  OFFICIALS  SHALL  BE  ENTITLED  TO  RECEIVE  REASONABLE
REIMBURSEMENT  FOR EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THEIR
DUTIES AS MEMBERS OF THE BOARD. A MAJORITY OF THE MEMBERS SHALL  CONSTI-
TUTE  A  QUORUM FOR THE TRANSACTION OF BUSINESS AT A MEETING. ACTION MAY
BE TAKEN BY THE BOARD AT A MEETING UPON THE VOTE OF THE MAJORITY OF  THE
MEMBERS  PRESENT.  A CHAIRPERSON SHALL BE APPOINTED BY THE GOVERNOR FROM
HIS OR HER TWO APPOINTMENTS.  THE BOARD SHALL MEET AT LEAST  FOUR  TIMES
EACH YEAR, AND AT OTHER TIMES AT THE CALL OF THE CHAIRPERSON OR UPON THE
WRITTEN REQUEST OF TWO-THIRDS OF THE MEMBERS OF THE BOARD.
  3.  THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL, PURSUANT
TO THE DIRECTION OF THE BOARD, HAVE THE POWER AND DUTY TO:
  (A) MAKE,  EXECUTE,  AND  DELIVER  CONTRACTS,  CONVEYANCES  AND  OTHER
INSTRUMENTS  NECESSARY  TO EFFECTUATE THE PURPOSES AND OBJECTIVES OF THE
PROGRAM;
  (B) ACCEPT ANY GRANT, INCLUDING FEDERAL GRANTS, OR  ANY  CONTRIBUTIONS
FOR  THE  PURPOSES  OF  THE  PROGRAM.  ANY  MONEYS  SO RECEIVED SHALL BE
EXPENDED BY THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE  FOR  THE
PROGRAM'S PURPOSES, PURSUANT TO AN APPROPRIATION AND SUBJECT TO APPLICA-
BLE SECTIONS OF THE STATE FINANCE LAW;
  (C) MAKE GRANTS PURSUANT TO A REQUEST FOR PROPOSALS PROCESS;
  (D)  DIRECT  THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE TO ACT
IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED  THIRTY-ONE  OF
THIS ARTICLE; AND
  (E)  SUBMIT NO LATER THAN MARCH FIRST OF EACH YEAR TO THE GOVERNOR AND
THE CHAIRPERSONS OF THE SENATE FINANCE  AND  CODES  COMMITTEES  AND  THE
ASSEMBLY  WAYS  AND  MEANS AND CODES COMMITTEES, A WRITTEN REPORT OF THE
BOARD'S ACTIVITIES, AND THE ACTIVITIES OF GRANT RECIPIENTS.
  S 2. The state finance law is amended by adding a new section 97-j  to
read as follows:
  S  97-J.  POLICE  OFFICER  TRAINING PROGRAM FUND. 1.   THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE
KNOWN AS THE "POLICE OFFICER TRAINING PROGRAM FUND".

S. 5054                             3

  2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE  PURPOSE
OF  SUCH  FUND,  ALL  OTHER  MONEYS CREDITED OR TRANSFERRED TO SUCH FUND
PURSUANT TO LAW, ALL MONEYS REQUIRED BY ANY OTHER LAW TO BE PAID INTO OR
CREDITED TO SUCH FUND, AND ALL OTHER MONEYS  RECEIVED  BY  THE  FUND  OR
DONATED TO IT.
  3.  MONEYS OF SUCH FUND SHALL BE AVAILABLE FOR APPROPRIATION AND ALLO-
CATION TO THE DIVISION OF STATE POLICE FOR THE PURPOSE  OF  FUNDING  THE
POLICE  OFFICER  TRAINING  PROGRAM  ESTABLISHED  PURSUANT TO SECTION TWO
HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
  4. MONEYS OF SUCH FUND SHALL BE PAID OUT ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE SUPERINTENDENT
OF THE DIVISION OF STATE POLICE IN THE MANNER PROVIDED FOR BY LAW.
  S 3. This act shall take effect on the first of October next  succeed-
ing  the  date  on  which it shall have become a law, provided, however,
that any rules and regulations necessary for the  timely  implementation
of this act on its effective date shall be promulgated immediately.

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Senate Bill S5054

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Sponsored By

Malcolm Smith