S T A T E   O F   N E W   Y O R K
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                                  6336

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            December 11, 2009
                               ___________

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

AN ACT to amend the penal law, in relation to requiring each  county  to
  establish  a retired police officer firearms qualification course that
  meets state standards for training and qualifications

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

  Section  1. The penal law is amended by adding a new section 400.02 to
read as follows:
S 400.02 RETIRED POLICE OFFICER FIREARMS QUALIFICATION COURSE.
  1. THE POLICE COMMISSIONER, CHIEF OF POLICE OR EQUIVALENT TITLE FOR  A
COUNTY  IS AUTHORIZED AND DIRECTED TO IMPLEMENT A RETIRED POLICE OFFICER
FIREARMS QUALIFICATION TRAINING PROGRAM OPEN TO QUALIFIED RETIRED POLICE
OFFICERS WHICH MEETS THE STATE STANDARDS FOR FIREARM TRAINING AND QUALI-
FICATIONS.
  2. UPON COMPLETION OF THE COURSE, THE  RETIRED  POLICE  OFFICER  SHALL
RECEIVE CERTIFICATION.
  3.  THE POLICE COMMISSIONER, CHIEF OF POLICE OR EQUIVALENT TITLE SHALL
SET FORTH TERMS AND CONDITIONS OF THE TRAINING COURSE AND CERTIFICATION,
INCLUDING BUT NOT LIMITED TO:
  (A) TEACHING COURSE MATERIAL THAT MEETS THE STATE STANDARD FOR  TRAIN-
ING AND QUALIFICATIONS;
  (B) REQUIRE THE RETIRED OFFICER TO SUPPLY HIS OR HER OWN AMMUNITION OF
A QUALITY APPROVED FOR USE BY THE COUNTY POLICE DEPARTMENT;
  (C)  ISSUE  AFTER COMPLETION OF SUCH COURSE A PHOTOGRAPHIC IDENTIFICA-
TION CARD IDENTIFYING THE DATE OF TRAINING AND  THE  TYPE  OR  TYPES  OF
WEAPON OR WEAPONS COVERED BY THE CERTIFICATION;
  (D)  COLLECT AN INITIAL FEE FROM THE QUALIFIED RETIRED LAW ENFORCEMENT
OFFICER FOR EACH FIREARM USED IN QUALIFYING; AND
  (E) COLLECT AN ADDITIONAL FEE  FOR  EACH  PHOTOGRAPHIC  IDENTIFICATION
CARD ISSUED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10806-01-9
              

S. 6336                             2

  4.  NO  ONE  SHALL  BE  AUTHORIZED TO OBTAIN CERTIFICATION UNDER THESE
PROVISIONS IF THEY HAVE NOT MET THE REQUIREMENTS ESTABLISHED IN  SECTION
400.00 OF THIS ARTICLE.
  5.  A  "QUALIFIED  RETIRED POLICE OFFICER" IS A POLICE OFFICER DEFINED
PURSUANT TO SUBDIVISION THIRTY-FOUR OF  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE  LAW, WHO UPON SEPARATION FROM THE POLICE DEPARTMENT WAS IMME-
DIATELY ENTITLED TO RECEIVE RETIREMENT BENEFITS UNDER THE PROVISIONS  OF
THE  RETIREMENT  AND SOCIAL SECURITY LAW AND HAS MET THE REQUIREMENTS OF
SECTION 400.00 OF THIS ARTICLE.
  S 2. This act shall take effect one year after it shall have become  a
law. Effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and  completed  on
or before such effective date.