Assembly Bill A2937

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

                                  2937

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by M. of A. BENJAMIN, CLARK, GREENE -- Multi-Sponsored by --
  M. of A. EDDINGTON, MAYERSOHN, PERRY -- read once and referred to  the
  Committee on Governmental Operations

AN  ACT  to  amend  the  executive  law  and the social services law, in
  relation to training in and limitations on the use of taser stun  guns
  by law enforcement officers and certain residential care providers

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

  Section 1. The executive law is amended by adding a new section  838-a
to read as follows:
  S  838-A.  USE  OF  TASER  STUN GUNS; TRAINING REQUIRED; LIMITS. 1. NO
POLICE DEPARTMENT THAT USES A TASER STUN GUN AS PART OF ITS LAW ENFORCE-
MENT ARSENAL OF WEAPONS SHALL ISSUE SUCH TASER STUN  GUNS  TO  A  POLICE
OFFICER  OR  SECURITY  GUARD  FOR  USE WHILE ON OFFICIAL DUTY UNLESS AND
UNTIL SUCH OFFICER OR GUARD HAS RECEIVED MANDATORY TRAINING IN THE  SAFE
USE  AND  HANDLING  OF SUCH TASER STUN GUN, AS PROVIDED IN SECTION EIGHT
HUNDRED THIRTY-SEVEN-S OF THIS ARTICLE.
  2. NO POLICE OFFICER OR SECURITY GUARD SHALL USE SUCH TASER  STUN  GUN
ON ANY PERSON WHO APPEARS TO BE UNDER THE AGE OF EIGHTEEN YEARS.
  3. AS USED IN THIS SECTION, "POLICE DEPARTMENT" MEANS A STATE, COUNTY,
CITY,  VILLAGE  OR TOWN POLICE DEPARTMENT, POLICE DISTRICT, OR SHERIFF'S
DEPARTMENT.
  4. AS USED IN THIS SECTION, A "SECURITY GUARD" MEANS A PRIVATE COLLEGE
CAMPUS SECURITY OFFICER, AS PROVIDED IN SECTION TWO HUNDRED  NINE-AA  OF
THE  GENERAL  MUNICIPAL LAW, SECTION SIX HUNDRED SIXTY-TWO OF THE COUNTY
LAW, OR SECTION SIXTY-FOUR HUNDRED THIRTY-FIVE OF THE EDUCATION LAW;  OR
A  SECURITY  GUARD  AS  DEFINED  IN SECTION EIGHTY-NINE-F OF THE GENERAL
BUSINESS LAW.
  S 2. The executive law is amended by adding a  new  section  837-s  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05352-02-9

              

A. 2937                             2

  S 837-S. TASER STUN GUN SAFETY PROGRAM. THE COMMISSIONER, IN CONSULTA-
TION  WITH THE DIVISION OF STATE POLICE, THE MUNICIPAL TRAINING COUNCIL,
AND THE COMMISSIONER OF THE NEW YORK CITY POLICE DEPARTMENT, OR  HIS  OR
HER  DESIGNEE,  SHALL  DEVELOP A TASER STUN GUN SAFETY PROGRAM TO ENSURE
THE SAFE USE AND HANDLING OF SUCH WEAPON BY POLICE OFFICERS AND SECURITY
GUARDS, AS DEFINED IN SECTION EIGHT HUNDRED THIRTY-EIGHT-A OF THIS ARTI-
CLE,  IN  THE  STATE OF NEW YORK. THE COMMISSIONER SHALL THEN PROMULGATE
RULES AND REGULATIONS NECESSARY FOR THE EFFICIENT IMPLEMENTATION OF SUCH
SAFETY PROGRAM AND THE REQUIREMENTS FOR ANNUAL RECERTIFICATION OF POLICE
OFFICERS AND SECURITY GUARDS WHO SUCCESSFULLY COMPLETE SUCH PROGRAM.
  S 3. Subdivision 2 of section 483-e of the  social  services  law,  as
added by chapter 624 of the laws of 2006, is amended to read as follows:
  2. Establishment of coordinated standards. The committee shall identi-
fy  the  most effective, least restrictive and safest techniques for the
modification of a child's behavior in response to an actual or perceived
threat by such child of harm or bodily  injury  to  such  child,  or  to
another  person,  where such child is a resident of, or otherwise served
by a residential treatment facility, a children's day treatment program,
a family based treatment home, a community residence, an  individualized
residential  alternative,  a  family  care  home,  day habilitation, day
treatment, an intermediary care facility, residential  habilitation,  an
agency operated boarding home, an approved private residential school or
an  approved  private  non-residential  school.  Such  techniques  shall
include, but not be limited to, the use of physical restraint, therapeu-
tic crisis intervention, crisis management or such  other  de-escalation
techniques designed to help staff assist children to manage crisis situ-
ations;  PROVIDED,  HOWEVER,  THAT  THE  USE OF TASER STUN GUNS SHALL BE
PROHIBITED. The committee shall review models of crisis  prevention  and
intervention,  including  the use of physical restraints.  The committee
shall establish uniform and coordinated standards giving  preference  to
the least restrictive alternative for the use of such techniques in such
children service settings.
  S 4. This act shall take effect immediately.