Senate Bill S5371A

2011-2012 Legislative Session

Authorizes conductors and motormen to carry tasers or electronic stun guns during the performance of his or her duties

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Jun 03, 2011	print number 5371a
Jun 03, 2011	amend (t) and recommit to codes
May 13, 2011	referred to codes

Bill Amendments

2011-S5371 - Details

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

2011-S5371 - Summary

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

2011-S5371 - Sponsor Memo

                                BILL NUMBER:S5371

TITLE OF BILL:
An act
to amend the penal law and the railroad law, in relation to authorizing
conductors and motormen to carry tasers or electronic stun guns 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. Training and arming our conductors and motormen 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.

2011-S5371 - Bill Text download pdf

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

                                  5371

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 13, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and  the  railroad  law,  in  relation  to
  authorizing conductors and motormen to carry tasers or electronic stun
  guns 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.
  S  2. The railroad law is amended by adding a new section 65-a to read
as follows:
  S 65-A. USE OF TASERS BY CONDUCTORS AND MOTORMEN.  1. EVERY  CONDUCTOR
OR MOTORMAN IN THE STATE OF NEW YORK MUST SUCCESSFULLY COMPLETE A TRAIN-
ING PROGRAM IN THE USE OF DEADLY PHYSICAL FORCE AND TASERS OR ELECTRONIC
STUN  GUNS,  WHICH  SHALL  BE  PRESCRIBED BY THE SUPERINTENDENT OF STATE
POLICE.
  2. NO EMPLOYER SHALL ALLOW ANY CONDUCTOR OR  MOTORMAN  IT  EMPLOYS  TO
CARRY  OR  USE  A  TASER OR ELECTRONIC STUN GUN 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 OR ELECTRONIC STUN
GUNS, AND ANNUALLY RECEIVES INSTRUCTION IN DEADLY PHYSICAL FORCE AND THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11590-01-1

S. 5371                             2

USE  OF TASERS OR ELECTRONIC STUN GUNS AS APPROVED BY THE SUPERINTENDENT
OF STATE POLICE. SUCH TRAINING SHALL RELATE TO THE SPECIAL NATURE OF THE
DUTIES OF THE CONDUCTORS AND MOTORMEN.
  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.
  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.

2011-S5371A (ACTIVE) - Details

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

2011-S5371A (ACTIVE) - Summary

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

2011-S5371A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5371A

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 or electronic stun guns 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.

2011-S5371A (ACTIVE) - Bill Text download pdf

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

                                 5371--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 13, 2011
                               ___________

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  or  electronic  stun guns 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.
  S 2. The railroad law is amended by adding a new section 65-a to  read
as follows:
  S  65-A. USE OF TASERS BY CONDUCTORS AND MOTORMEN.  1. EVERY CONDUCTOR
OR MOTORMAN WHO PARTICIPATES IN A PROGRAM TO  BE  ELIGIBLE  TO  CARRY  A
TASER  OR STUN GUN IN THE STATE OF NEW YORK MUST SUCCESSFULLY COMPLETE A
TRAINING PROGRAM IN THE USE OF DEADLY PHYSICAL FORCE AND TASERS OR ELEC-
TRONIC STUN GUNS, WHICH SHALL BE PRESCRIBED  BY  THE  SUPERINTENDENT  OF
STATE POLICE.
  2.  NO EMPLOYER WHO HAS VOLUNTARILY INCORPORATED INTO ITS ORGANIZATION
A PROGRAM TO AUTHORIZE CONDUCTORS AND MOTORMEN TO CARRY TASERS  OR  STUN
GUNS  SHALL ALLOW ANY CONDUCTOR OR MOTORMAN IT EMPLOYS TO CARRY OR USE A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11590-04-1

S. 5371--A                          2

TASER OR ELECTRONIC STUN GUN 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 OR ELECTRONIC STUN GUNS,  AND  ANNUALLY
RECEIVES  INSTRUCTION  IN DEADLY PHYSICAL FORCE AND THE USE OF TASERS OR
ELECTRONIC STUN GUNS AS APPROVED BY THE SUPERINTENDENT OF STATE  POLICE.
SUCH  TRAINING  SHALL  RELATE TO THE SPECIAL NATURE OF THE DUTIES OF THE
CONDUCTORS AND MOTORMEN.
  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.
  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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Senate Bill S5371A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2011-S5371 - Details

2011-S5371 - Summary

2011-S5371 - Sponsor Memo

2011-S5371 - Bill Text download pdf

2011-S5371A (ACTIVE) - Details

2011-S5371A (ACTIVE) - Summary

2011-S5371A (ACTIVE) - Sponsor Memo

2011-S5371A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2011-S5371 - Details

2011-S5371 - Summary

2011-S5371 - Sponsor Memo

2011-S5371 - Bill Text download pdf

2011-S5371A (ACTIVE) - Details

2011-S5371A (ACTIVE) - Summary

2011-S5371A (ACTIVE) - Sponsor Memo

2011-S5371A (ACTIVE) - Bill Text download pdf

Comments