S T A T E   O F   N E W   Y O R K
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    S. 2407                                                  A. 5709

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 19, 2009
                               ___________

IN  SENATE -- Introduced by Sens. FLANAGAN, MARCELLINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

IN  ASSEMBLY  --  Introduced  by  M.  of A. CONTE, RAIA -- read once and
  referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  designating
  uniformed  officers  of the fire marshal's office of the town of Hunt-
  ington as peace officers; 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.  Subdivision  63 of section 2.10 of the criminal procedure
law, as amended by chapter 638 of the laws of 2003, is amended  to  read
as follows:
  63.  Uniformed  members  of  the  fire marshal's office in the town of
Southampton [and], the town of Riverhead AND  THE  TOWN  OF  HUNTINGTON,
when  acting  pursuant  to their special duties in matters arising under
the 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 Section 845-a of the executive law is REPEALED.
  S  3. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09208-01-9
              

S. 2407                             2                            A. 5709

state.  Such  registry  shall  contain,  with respect to each police AND
PEACE officer, his OR HER name, date of birth, social  security  number,
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  4. 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

S. 2407                             3                            A. 5709

JUSTICE SERVICES ATTESTING TO THAT EFFECT.  EVERY  PERSON  APPOINTED  AS
PEACE OFFICER AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL FORFEIT HIS
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 5. This act shall take effect immediately;  provided  that  sections
two,  three  and  four of this act shall take effect one year after this
act shall have become a law.