S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1718 A. 4632
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
February 5, 2009
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to granting
peace officer status to uniformed members of the fire marshall's
office in the village of Southampton; to amend the executive law and
the criminal procedure law, in relation to peace officers; and to
repeal section 845-a of the executive law and section 2.30 of the
criminal procedure law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2.10 of the criminal procedure law is amended by
adding a new subdivision 83 to read as follows:
83. UNIFORMED MEMBERS OF THE FIRE MARSHALL'S OFFICE IN THE VILLAGE OF
SOUTHAMPTON, WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES IN MATTERS
ARISING UNDER LAWS RELATING TO FIRES, THE EXTINGUISHMENT THEREOF AND
FIRE PERILS; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL
BE DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS, REPAIR OR DISPOSE
OF A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR HAS BEEN ISSUED
PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
S 2. Section 845-a of the executive law is REPEALED, and section 845
of the executive law, as added by chapter 482 of the laws of 1979, is
amended to read as follows:
S 845. Central state registry of police officers AND PEACE OFFICERS.
1. The division shall collect information to maintain, on a current
basis, a registry of all police officers AND PEACE OFFICERS in the
state. Such registry shall contain, with respect to each police AND
PEACE officer, his OR HER name, date of birth, social security number,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07007-01-9
S. 1718 2 A. 4632
rank or title, [department] EMPLOYER, and whether he OR SHE is employed
full-time or part-time.
2. Each head of a state or local agency, unit of local government,
state or local commission, [or] public authority OR OTHER ORGANIZATION
which employs police officers OR PEACE OFFICERS shall transmit to the
division, no later than the fifteenth day of January, [nineteen hundred
eighty] ANNUALLY, AND IN A FORM AND MANNER PRESCRIBED BY THE DIVISION, a
list containing the name of every police officer OR PEACE OFFICER
employed by his OR HER agency, government, commission, authority or
organization [on the first day of January, nineteen hundred eighty,]
indicating with respect to each [police] officer his OR HER date of
birth, social security number, rank or title, [department] EMPLOYER, AND
whether he OR SHE is employed full-time or part-time. [Each such head
shall thereafter, no later than the tenth day of each January and July,
transmit to the division a list of those police officers who have been
appointed, have had a change of rank, or have ceased to serve in the
preceding six calendar months and, in the instance of new appointees,
shall include all the information required to be furnished in the
initial listing.] IN ADDITION TO SUCH ANNUAL LIST, EACH SUCH HEAD SHALL
TRANSMIT TO THE DIVISION ADDITIONAL LISTS CONTAINING THE NAMES OF OFFI-
CERS WHO HAVE BEEN NEWLY APPOINTED, HAVE HAD A CHANGE IN RANK OR HAVE
CEASED TO SERVE, WHICH LISTS SHALL BE TRANSMITTED WITHIN THIRTY DAYS OF
THE EVENTS LISTED, AND WHICH SHALL INCLUDE ALL THE INFORMATION REQUIRED
TO BE FURNISHED IN THE ANNUAL LISTING.
3. [Each such head shall have the option to enter into an agreement
with the division whereby the required semi-annual updating of registry
information may be regularly done on a more frequent basis.] THE DIVI-
SION SHALL ESTABLISH RULES AND REGULATIONS TO PROVIDE FOR A PERMANENT
SYSTEM OF IDENTIFICATION FOR EACH POLICE AND PEACE OFFICER, WHICH SHALL
INCLUDE PROCEDURES FOR UPDATING THE REGISTRY UPON AN OFFICER'S FAILURE
TO COMPLETE REQUIRED TRAINING WITHIN THE TIME LIMITATIONS ESTABLISHED IN
LAW OR REGULATION.
4. UPON THE FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF
SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER MAY APPLY TO THE
SUPREME COURT FOR AN ORDER, DIRECTED TO THE PERSON RESPONSIBLE, REQUIR-
ING COMPLIANCE. UPON SUCH APPLICATION, THE COURT MAY ISSUE SUCH ORDER AS
MAY BE JUST.
5. THE DIVISION SHALL COOPERATE WITH THE DIVISION OF STATE POLICE IN
MAKING THE INFORMATION IN THE CENTRAL REGISTRY OF POLICE AND PEACE OFFI-
CERS AVAILABLE FOR THE PURPOSE OF VERIFYING TRANSACTIONS INVOLVING
FIREARMS.
S 3. Section 2.30 of the criminal procedure law is REPEALED and a new
section 2.30 is added to read as follows:
S 2.30 TRAINING REQUIREMENTS FOR PEACE OFFICERS.
1. EVERY PEACE OFFICER APPOINTED AFTER THE EFFECTIVE DATE OF THIS
SECTION MUST SUCCESSFULLY COMPLETE A PEACE OFFICER BASIC TRAINING
PROGRAM PRESCRIBED BY REGULATIONS PROMULGATED BY THE GOVERNOR PURSUANT
TO SECTION EIGHT HUNDRED FORTY OF THE EXECUTIVE LAW. SUCH REGULATIONS
MAY PRESCRIBE DIFFERENT BASIC TRAINING PROGRAMS AS MAY BE DEEMED APPRO-
PRIATE FOR PARTICULAR AGENCIES OR CATEGORIES OF PEACE OFFICERS. IT IS
THE RESPONSIBILITY OF EVERY EMPLOYER OF PEACE OFFICERS TO PROVIDE THE
PEACE OFFICER BASIC TRAINING PROGRAM REQUIRED BY THIS SECTION. EACH
PEACE OFFICER SATISFACTORILY COMPLETING A PEACE OFFICER BASIC TRAINING
PROGRAM SHALL BE AWARDED A CERTIFICATE BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES ATTESTING TO THAT EFFECT. EVERY PERSON APPOINTED AS A
PEACE OFFICER AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL FORFEIT HIS
S. 1718 3 A. 4632
OR HER POSITION UNLESS HE OR SHE HAS RECEIVED A CERTIFICATE OF SATISFAC-
TORY COMPLETION OF THE PEACE OFFICER BASIC TRAINING PROGRAM WITHIN THE
TIME PRESCRIBED BY THE REGULATIONS PROMULGATED BY THE GOVERNOR PURSUANT
TO SECTION EIGHT HUNDRED FORTY-TWO OF THE EXECUTIVE LAW.
2. EVERY PEACE OFFICER EMPLOYER MUST ALSO PROVIDE AN ORIENTATION
PROGRAM FOR ITS PEACE OFFICERS COMPRISED OF SUBJECTS RELATING TO THE
SPECIAL NATURE OF THE DUTIES OF THE PEACE OFFICERS EMPLOYED BY IT.
3. NO EMPLOYER SHALL ALLOW ANY PEACE OFFICER TO CARRY OR USE A WEAPON
DURING ANY PHASE OF THE OFFICER'S ON-DUTY EMPLOYMENT UNLESS SUCH OFFICER
HAS SATISFACTORILY COMPLETED A COURSE OF TRAINING APPROVED BY THE MUNIC-
IPAL POLICE TRAINING COUNCIL IN THE USE OF DEADLY PHYSICAL FORCE AND
FIREARMS AND OTHER WEAPONS, AND ANNUALLY RECEIVES TRAINING IN THE USE OF
DEADLY PHYSICAL FORCE AND FIREARMS AND OTHER WEAPONS.
4. EVERY EMPLOYER OF PEACE OFFICERS SHALL ANNUALLY REPORT TO THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES, IN SUCH FORM AND AT SUCH TIME AS THE
DIVISION MAY BY REGULATION REQUIRE, THE NAMES OF ALL PEACE OFFICERS WHO
HAVE, DURING THE COURSE OF THE YEAR, SATISFACTORILY COMPLETED ANY OF THE
TRAINING REQUIREMENTS PRESCRIBED BY THIS SECTION.
5. UPON THE FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION, THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
MAY APPLY TO THE SUPREME COURT FOR AN ORDER, DIRECTED TO THE PERSON
RESPONSIBLE, REQUIRING COMPLIANCE. UPON SUCH APPLICATION, THE COURT MAY
ISSUE SUCH ORDER AS MAY BE JUST.
6. A CERTIFICATE ATTESTING TO SATISFACTORY COMPLETION OF THE TRAINING
REQUIREMENTS IMPOSED UNDER THIS SECTION AWARDED TO ANY PEACE OFFICER BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO THIS SECTION SHALL
REMAIN VALID DURING THE HOLDER'S CONTINUOUS SERVICE AS A PEACE OFFICER
AND FOR FIVE YEARS AFTER THE DATE OF THE COMMENCEMENT OF AN INTERRUPTION
IN SUCH SERVICE. AS USED IN THIS SUBDIVISION, THE TERM "INTERRUPTION"
SHALL MEAN A PERIOD OF SEPARATION FROM EMPLOYMENT AS A PEACE OFFICER BY
REASON OF SUCH OFFICER'S LEAVE OF ABSENCE, RESIGNATION, OR REMOVAL,
OTHER THAN REMOVAL FOR CAUSE.
S 4. This act shall take effect immediately; provided that sections
two and three of this act shall take effect one year after this act
shall have become a law.