senate Bill S3000A

Authorizes conductors and motormen to carry tasers, electronic stun guns, and dazer-tasers 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

  • 28 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO CODES
  • 08 / Mar / 2013
    • PRINT NUMBER 3000A

Summary

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

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Bill Details

Versions:
S3000
S3000A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L; add §65-a, Rail L
Versions Introduced in 2011-2012 Legislative Cycle:
S5371A

Sponsor Memo

BILL NUMBER:S3000A

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, electronic stun guns or dazer-taser computer
controlled optical distractors 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
________________________________________________________________________

                                 3000--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

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,  electronic  stun  guns  or  dazer-taser  computer  controlled
  optical distractors 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. THE TERM DAZER-TASER SHALL MEAN ANY DEVICE DESIGNED PRIMARILY AS
A WEAPON, THE PURPOSE OF WHICH IS TO CAUSE  A  TRANSITORY  REDUCTION  OF
VISUAL ACUITY, ELIMINATING THE THREAT'S ABILITY TO SEE, ENGAGE OR EFFEC-
TIVELY TARGET THE OPERATOR.
  S  2. The railroad law is amended by adding a new section 65-a to read
as follows:
  S 65-A. USE OF TASERS, ELECTRONIC STUN GUNS OR DAZER-TASERS BY CONDUC-
TORS AND MOTORMEN.  1. EVERY CONDUCTOR OR MOTORMAN WHO PARTICIPATES IN A
PROGRAM TO BE ELIGIBLE TO CARRY A TASER, STUN GUN OR DAZER-TASER IN  THE
STATE  OF  NEW YORK MUST SUCCESSFULLY COMPLETE A TRAINING PROGRAM IN THE
USE OF DEADLY PHYSICAL FORCE AND TASERS, ELECTRONIC STUN GUNS OR  DAZER-
TASERS, WHICH SHALL BE PRESCRIBED BY THE SUPERINTENDENT OF STATE POLICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06089-03-3

S. 3000--A                          2

  2.  NO EMPLOYER WHO HAS VOLUNTARILY INCORPORATED INTO ITS ORGANIZATION
A PROGRAM TO AUTHORIZE CONDUCTORS AND MOTORMEN  TO  CARRY  TASERS,  STUN
GUNS OR DAZER-TASERS SHALL ALLOW ANY CONDUCTOR OR MOTORMAN IT EMPLOYS TO
CARRY  OR  USE  A  TASER,  ELECTRONIC STUN GUN OR DAZER-TASER 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,  ELECTRONIC  STUN
GUNS  OR DAZER-TASERS, AND ANNUALLY RECEIVES INSTRUCTION IN DEADLY PHYS-
ICAL FORCE AND THE USE OF TASERS, ELECTRONIC STUN GUNS  OR  DAZER-TASERS
AS  APPROVED  BY THE SUPERINTENDENT OF STATE POLICE. SUCH TRAINING SHALL
RELATE TO THE SPECIAL NATURE OF THE DUTIES OF THE CONDUCTORS AND  MOTOR-
MEN.
  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.
  (C) THE TERM "DAZER-TASER" SHALL MEAN ANY DEVICE DESIGNED PRIMARILY AS
A WEAPON, THE PURPOSE OF WHICH IS TO CAUSE  A  TRANSITORY  REDUCTION  OF
VISUAL ACUITY, ELIMINATING THE THREAT'S ABILITY TO SEE, ENGAGE OR EFFEC-
TIVELY TARGET THE OPERATOR.
  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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