S T A T E O F N E W Y O R K
________________________________________________________________________
6102--A
2009-2010 Regular Sessions
I N S E N A T E
July 29, 2009
___________
Introduced by Sens. ADAMS, LEIBELL -- (at request of the Division of
Criminal Justice Services) -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, the criminal procedure law, the
general business law and the public officers law, in relation to peace
officer training; and repealing section 845-a of the executive law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 845-a of the executive law is REPEALED.
S 2. 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] offi-
cer, his OR HER name, date of birth, social security number, rank or
title, [department] EMPLOYER, and [whether he is employed full-time or
part-time] DATE OF SUCCESSFUL COMPLETION OF TRAINING REQUIRED BY SECTION
2.30 OF THE CRIMINAL PROCEDURE LAW AND SECTION TWO HUNDRED NINE-Q OF THE
GENERAL MUNICIPAL LAW.
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,]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07703-05-9
S. 6102--A 2
indicating with respect to each [police] officer his OR HER date of
birth, social security number, rank or title, [department] EMPLOYER, AND
whether he is employed full-time or part-time. [Each such head shall
thereafter, no later than the tenth day of each January and July, trans-
mit 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, WHEN-
EVER OFFICERS HAVE BEEN NEWLY APPOINTED OR HAVE CEASED TO SERVE, SHALL
IMMEDIATELY TRANSMIT TO THE DIVISION, IN A FORM AND MANNER PRESCRIBED BY
THE DIVISION, A LIST CONTAINING THE NAMES OF SUCH OFFICERS WHICH, IN THE
INSTANCE OF NEW APPOINTEES, 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 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.
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, as added by chapter
843 of the laws of 1980, subdivision 1 as amended by chapter 766 of the
laws of 1989, the third undesignated paragraph of subdivision 1 as
amended by chapter 474 of the laws of 1991, subdivision 5 as added by
chapter 543 of the laws of 1987 and subdivision 6 as added by chapter
735 of the laws of 1988, is amended to read as follows:
S 2.30 Training requirements for peace officers.
1. Every peace officer in the state of New York[, appointed after the
effective date of this article, who works a full complement of hours
which constitutes full-time employment for the officer's employer,] must
successfully complete a training program, a portion of which shall be
prescribed by the municipal police training council and A PORTION OF
WHICH SHALL BE PRESCRIBED by his OR HER employer[, the state or local
agency, unit of local government, state or local commission, or public
authority or private organization that employs him]. The portion
prescribed by the municipal police training council shall be comprised
of subjects, and the hours each is to be taught, that shall be required
of all types or classes of peace officers. The hours of instruction
required by the municipal police training council shall not exceed
[thirty-five] ONE HUNDRED EIGHTY, unless a greater amount is either
required by law or regulation, or is requested by the employer.
The segment prescribed by the employer for [his] ITS employees shall
be comprised of subjects, and the hours each is to be taught, relating
to the special nature of the duties of the peace officers employed by
S. 6102--A 3
[him] IT PROVIDED, HOWEVER, THAT WHEN THE SUBJECTS PRESCRIBED BY THE
EMPLOYER ARE IDENTICAL TO THE SUBJECTS IN THE TRAINING PROGRAM REQUIRED
BY THE MUNICIPAL POLICE TRAINING COUNCIL, THE EMPLOYER SHALL NOT BE
REQUIRED TO PROVIDE DUPLICATE TRAINING FOR THOSE SUBJECTS.
2. Each state or local agency, unit of local government, state or
local commission, or public authority, or public or private organization
which employs peace officers shall provide the training mandated by this
section, [and transmit to the municipal police training council within
six months after the effective date of this article the proposed train-
ing program for peace officers, comprised of subjects required by the
employer,] the cost of which will be borne by the employer. [The program
shall:
(a) List the subjects comprising the proposed curriculum and the
number of hours each is to be taught;
(b) List the proposed instructors for each subject with their quali-
fications; and
(c) Indicate the proposed location of the school.
In the reviewing of the employer's submission, the instructors must be
found qualified by background and experience, and if so found, the
course shall be certified by the municipal police training council. When
the subjects prescribed by the employer are identical to the subjects in
the training program required by the municipal police training council,
the officer shall not be required to take duplicate training for those
subjects. It is the responsibility of every employer to provide the
training program certified by the municipal police training council.]
Each peace officer satisfactorily completing the course PRESCRIBED BY
THE MUNICIPAL POLICE TRAINING COUNCIL shall be awarded a certificate by
the division of criminal justice services attesting to that effect, and
no person appointed as a peace officer [after the effective date of this
article] shall exercise the powers of a peace officer, unless he OR SHE
has received such certification within twelve months of appointment.
3. [Where an employer has authorized a peace officer to carry or use a
weapon during any phase of the officer's official duties, which consti-
tutes on-duty employment, the program shall include the same number of
hours of instruction in deadly physical force and the use of firearms
and other weapons as is required in the basic training program for
police officers by the municipal police training council. The program
shall include the information set forth in subdivision seven of section
265.10 of the penal law.] No employer shall allow any peace officer[,
notwithstanding when the officer was appointed,] IT EMPLOYS to carry or
use a weapon during any phase of the officer's official duties, which
constitutes on-duty employment, unless the officer has satisfactorily
completed a course of training approved by the municipal police training
council in the use of deadly physical force and firearms and other weap-
ons, and annually receives instruction in deadly physical force and the
use of firearms and other weapons as approved by the municipal police
training council. [The course of training in the use of deadly physical
force and firearms and other weapons shall be provided by the officer's
employer, not later than six months from the date on which the officer
was appointed, where the officer is authorized to carry a weapon pursu-
ant to law.
2.] 4. Upon the failure or refusal to comply with the requirements of
[subdivision one of] this section, the commissioner of the division of
criminal justice services shall 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, and a fail-
S. 6102--A 4
ure to comply with the order of the court shall be a contempt of court
and punishable as such.
[3. Any individual who is a peace officer or a New York city special
patrolman on the effective date of this article and has previously taken
a formalized course of training while a peace officer or a New York city
special patrolman, may apply, in writing, to the municipal police train-
ing council for certification. The application shall be granted or
denied for reasons specifically and concisely stated in writing, and if
granted, the exact extent of any waiver of the training then presently
required for new appointees shall be set forth. The certification shall
be granted only if the municipal police training council determines that
the course of training previously taken by the applicant is in substan-
tial compliance with the training then presently required for new
appointees.
When an application is denied, it is the responsibility of the officer
to obtain the training that is required in order to obtain certif-
ication. When a peace officer meets the training requirements specified
herein, the division of criminal justice services shall issue that
person a certificate attesting to the fact that he has satisfactorily
completed the required training.
4. Any peace officer appointed after the effective date of this arti-
cle who normally works on a part-time basis for less than the full
complement of hours which would constitute full-time employment for
their position as determined by their employer, shall receive training
which may, in whole or in part, be in-service training. The portion of
the training program required by the municipal police training council
shall not exceed ten hours of instruction. The segment of the training
program prescribed by the employer shall be comprised of subjects, and
the hours each is to be taught, relating to the special nature of the
duties of the peace officers employed by him. Every employer who employs
part-time peace officers shall transmit to the municipal police training
council within six months after the effective date of this article the
proposed training program for its officers, in accordance with the
procedure and requirements set forth in subdivision one of this section.
Each peace officer satisfactorily completing the training requirements
shall be issued a certificate by the division of criminal justice
services attesting to that effect.]
5. Every employer of peace officers shall [annually] report to the
[municipal police training council] DIVISION OF CRIMINAL JUSTICE
SERVICES, in such form and at such time as the [council] DIVISION may by
regulation require, the names [and addresses] of all peace officers who
have[, during the course of the year,] satisfactorily completed any of
the training requirements prescribed by this section.
6. A certificate attesting to satisfactory completion of the training
requirements imposed under this section awarded to any peace officer by
the executive director of the municipal police training council pursuant
to this section shall remain valid:
(a) during the holder's continuous service as a peace officer; 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 peace officer 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 peace officer for two consecutive years or
longer.
S. 6102--A 5
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. Paragraph a of subdivision 2 of section 89-n of the general busi-
ness law, as added by chapter 336 of the laws of 1992 and such paragraph
as relettered by chapter 634 of the laws of 1994, is amended to read as
follows:
a. A security guard who has been or was previously employed as a peace
officer for eighteen months or more who exhibits a valid certificate
awarded pursuant to subdivision six of section 2.30 of the criminal
procedure law attesting to his or her satisfactory completion of the
training requirements imposed by section 2.30 of the criminal procedure
law shall be exempt from the requirements of paragraph c of subdivision
one of this section provided that such peace officer has completed a
course of firearms training approved by the municipal police training
council [pursuant to the last paragraph of subdivision one of section
2.30 of the criminal procedure law] provided, however, that nothing in
this subdivision shall be deemed to authorize such guard 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 5. Subdivision 8 of section 92 of the public officers law, as
amended by chapter 336 of the laws of 1992, is amended to read as
follows:
(8) Public safety agency record. The term "public safety agency
record" means a record of the STATE commission of correction, the tempo-
rary state commission of investigation, the department of correctional
services, the division for youth, the division of parole, the crime
victims board, the division of probation and correctional alternatives
or the division of state police or of any agency or component thereof
whose primary function is the enforcement of civil or criminal statutes
if such record pertains to investigation, law enforcement, confinement
of persons in correctional facilities or supervision of persons pursuant
to criminal conviction or court order, and any records maintained by the
division of criminal justice services pursuant to sections eight hundred
thirty-seven, eight hundred thirty-seven-a, eight hundred thirty-sev-
en-b, eight hundred thirty-seven-c, eight hundred thirty-eight, eight
hundred thirty-nine, AND eight hundred forty-five[, and eight hundred
forty-five-a] of the executive law and by the department of state pursu-
ant to section ninety-nine of the executive law.
S 6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided, however,
that completion of the training program required by subdivision 1 of
section 2.30 of the criminal procedure law as amended by section three
of this act shall apply only to peace officers appointed on or after the
effective date of this act, and provided further that peace officers
appointed prior to the effective date of this act shall be subject to
the training requirements in place at the time of their appointment.
