senate Bill S5371A

Authorizes conductors and motormen to carry tasers or electronic stun guns during the performance of his or her duties

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / May / 2011
    • REFERRED TO CODES
  • 03 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO CODES
  • 03 / Jun / 2011
    • PRINT NUMBER 5371A
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Authorizes, after a required training course, conductors and motormen to carry tasers or electronic stun guns during the performance of his or her duties.

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Bill Details

Versions:
S5371
S5371A
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L; add §65-a, Rail L

Sponsor Memo

BILL NUMBER:S5371A

TITLE OF BILL:
An act
to amend the penal law and the railroad law, in relation to authorizing
voluntary programs for
conductors and motormen to
carry tasers or electronic stun guns during
the performance of his or her duties

PURPOSE:
Authorizes conductors and motormen to carry tasers or electronic stun
guns during the performance of his or her duties.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Subdivision a of section 265.20 of penal law by
adding a new paragraph 17. Allowing possession or use of taser or
electronic stun gun by conductors or motormen during the performance
of their duties.

§2. The railroad law is amended by adding a new section 65-a Use of
tasers by conductors and motormen. Which would require adequate
certified training to be prescribed by the Superintendent of the
State Police, and would remain valid during the interim of continuous
employment at said title, and for two years after the date of
commencement of an interruption in service immediately prior to such
interruption if the employee served as a conductor or motorman for
less than two consecutive years. or for four years after the date of
commencement, of an interruption in service immediately prior to such
interruption if the employee served as a conductor or motorman for
two consecutive years or longer.

§3. This act shall take effect on the one hundred twentieth day after
it shall have become law. Effective immediately, the addition,
amendment and or repeal of any rule or regulation necessary for this
implementation of this act on its effective date is authorized to be
made on or before such date.

JUSTIFICATION:
During a time when we must be on our guard as a state. It is
imperative that all modes of travel are provided with a line of
defense against the dangers of threats by passengers against fellow
passengers and staff, as well as, the eminent threats of terrorism.
It has been rumored that the next avenue of attack was thought Might
be focused against our railway systems. Currently our railways do not
have police or proper security
personnel to protect and ensure the safety of our New York State
citizens.
We must give those who are responsible for travel safety the means to
do just that, keep our citizens safe. Giving our conductors and
motormen the training and weapons they need will at least give our
railways some avenue of safety.

PRIOR LEGISLATION HISTORY:
New Bill.


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day 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 is authorized to be
made on or before such date.

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

                                 5371--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 13, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  penal  law and the railroad law, in relation to
  authorizing voluntary programs for conductors and  motormen  to  carry
  tasers  or  electronic  stun guns during the performance of his or her
  duties

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

  Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 17 to read as follows:
  17. (A) POSSESSION OR USE OF A TASER OR ELECTRONIC STUN GUN BY CONDUC-
TORS  OR  MOTORMEN,  AS  SUCH  TERMS ARE USED IN THE RAILROAD LAW, WHILE
PERFORMING RAILROAD DUTIES.
  (B) FOR THE PURPOSES OF THIS PARAGRAPH THE TERMS  "TASER"  AND  "ELEC-
TRONIC  STUN  GUN" SHALL MEAN ANY DEVICE DESIGNED PRIMARILY AS A WEAPON,
THE PURPOSE OF WHICH IS TO STUN, CAUSE MENTAL DISORIENTATION, KNOCK  OUT
OR  PARALYZE A PERSON BY PASSING A HIGH VOLTAGE ELECTRICAL SHOCK TO SUCH
PERSON.
  S 2. The railroad law is amended by adding a new section 65-a to  read
as follows:
  S  65-A. USE OF TASERS BY CONDUCTORS AND MOTORMEN.  1. EVERY CONDUCTOR
OR MOTORMAN WHO PARTICIPATES IN A PROGRAM TO  BE  ELIGIBLE  TO  CARRY  A
TASER  OR STUN GUN IN THE STATE OF NEW YORK MUST SUCCESSFULLY COMPLETE A
TRAINING PROGRAM IN THE USE OF DEADLY PHYSICAL FORCE AND TASERS OR ELEC-
TRONIC STUN GUNS, WHICH SHALL BE PRESCRIBED  BY  THE  SUPERINTENDENT  OF
STATE POLICE.
  2.  NO EMPLOYER WHO HAS VOLUNTARILY INCORPORATED INTO ITS ORGANIZATION
A PROGRAM TO AUTHORIZE CONDUCTORS AND MOTORMEN TO CARRY TASERS  OR  STUN
GUNS  SHALL ALLOW ANY CONDUCTOR OR MOTORMAN IT EMPLOYS TO CARRY OR USE A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11590-04-1

S. 5371--A                          2

TASER OR ELECTRONIC STUN GUN DURING  ANY  PHASE  OF  SUCH  CONDUCTOR  OR
MOTORMAN'S OFFICIAL DUTIES, WHICH CONSTITUTES ON-DUTY EMPLOYMENT, UNLESS
SUCH  CONDUCTOR  OR  MOTORMAN  HAS  SATISFACTORILY COMPLETED A COURSE OF
TRAINING  APPROVED  BY  THE SUPERINTENDENT OF STATE POLICE IN THE USE OF
DEADLY PHYSICAL FORCE AND TASERS OR ELECTRONIC STUN GUNS,  AND  ANNUALLY
RECEIVES  INSTRUCTION  IN DEADLY PHYSICAL FORCE AND THE USE OF TASERS OR
ELECTRONIC STUN GUNS AS APPROVED BY THE SUPERINTENDENT OF STATE  POLICE.
SUCH  TRAINING  SHALL  RELATE TO THE SPECIAL NATURE OF THE DUTIES OF THE
CONDUCTORS AND MOTORMEN.
  3. UPON THE FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION, THE ATTORNEY GENERAL OF THE STATE OF NEW YORK  SHALL  APPLY  TO
THE  SUPREME  COURT  FOR  AN  ORDER DIRECTED TO THE EMPLOYER RESPONSIBLE
REQUIRING COMPLIANCE. UPON SUCH APPLICATION, THE COURT  MAY  ISSUE  SUCH
ORDER  AS  MAY  BE  JUST,  AND A FAILURE TO COMPLY WITH THE ORDER OF THE
COURT SHALL BE A CONTEMPT OF COURT AND PUNISHABLE AS SUCH.
  4. EVERY EMPLOYER OF CONDUCTORS OR MOTORMEN SHALL REPORT TO THE SUPER-
INTENDENT OF STATE POLICE, IN SUCH FORM AND AT SUCH TIME AS  THE  SUPER-
INTENDENT  MAY  BY  REGULATION  REQUIRE, THE NAMES OF ALL CONDUCTORS AND
MOTORMEN WHO HAVE SATISFACTORILY COMPLETED ANY OF THE TRAINING  REQUIRE-
MENTS PRESCRIBED BY THIS SECTION.
  5.  A CERTIFICATE ATTESTING TO SATISFACTORY COMPLETION OF THE TRAINING
REQUIREMENTS IMPOSED UNDER THIS SECTION  AWARDED  TO  ANY  CONDUCTOR  OR
MOTORMAN PURSUANT TO THIS SECTION SHALL REMAIN VALID:
  (A) DURING THE HOLDER'S CONTINUOUS SERVICE AS A CONDUCTOR OR MOTORMAN;
AND
  (B)  FOR  TWO  YEARS  AFTER  THE DATE OF THE COMMENCEMENT OF AN INTER-
RUPTION IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO  SUCH
INTERRUPTION,  SERVED  AS  A  CONDUCTOR  OR  MOTORMAN  FOR LESS THAN TWO
CONSECUTIVE YEARS; OR
  (C) FOR FOUR YEARS AFTER THE DATE OF THE  COMMENCEMENT  OF  AN  INTER-
RUPTION  IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO SUCH
INTERRUPTION, SERVED AS A CONDUCTOR  OR  MOTORMAN  FOR  TWO  CONSECUTIVE
YEARS OR LONGER.
  6. FOR THE PURPOSES OF THIS SECTION:
  (A)  THE  TERM  "INTERRUPTION"  SHALL MEAN A PERIOD OF SEPARATION FROM
EMPLOYMENT AS A CONDUCTOR OR MOTORMAN BY REASON OF SUCH  CONDUCTOR'S  OR
MOTORMAN'S  LEAVE OF ABSENCE, RESIGNATION OR REMOVAL, OTHER THAN REMOVAL
FOR CAUSE; AND
  (B) THE TERMS "TASER" AND "ELECTRONIC STUN GUN" SHALL MEAN ANY  DEVICE
DESIGNED  PRIMARILY  AS A WEAPON, THE PURPOSE OF WHICH IS TO STUN, CAUSE
MENTAL DISORIENTATION, KNOCK OUT OR PARALYZE A PERSON BY PASSING A  HIGH
VOLTAGE ELECTRICAL SHOCK TO SUCH PERSON.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such date.

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