senate Bill S7023

2013-2014 Legislative Session

Relates to providing for a refresher course for peace officers who have had an interruption in continuous service for less than ten years

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 referred to codes
delivered to assembly
passed senate
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.588
Apr 16, 2014 referred to codes

Votes

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S7023 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §2.30, CP L

S7023 - Bill Texts

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Relates to providing for a refresher course for peace officers who have had an interruption in continuous service for less than ten years.

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BILL NUMBER:S7023

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to providing for a refresher course for peace officers who
have had an interruption in continuous service for less than ten years

Purpose of the Bill:

This bill would amend the Criminal Procedure Law (CPL) to provide for
a refresher course for peace officers who have had an interruption in
continuous service of less than ten years.

Summary of Provisions:

Section one of the would bill amend CPL § 2.30(6) to allow a peace
officer, who has had an interruption in continuous services for less
than ten years, to complete an approved peace officer refresher course
as prescribed by the municipal police training council.

Section two of the bill provides the effective date.

Existing Law:

Currently, a peace officer who has had an interruption in continuous
service for more than four years would be required to retake the
entire mandated basic training course in order to be appointed as
appointed as a peace officer.

Prior Legislative History:

This is a new bill.

Statement in Support:

CPL § 2.30(6) sets forth the basic training requirements for peace
officers. A similar provision of the General Municipal Law pertaining
to police officers allows a police officer who has had an interruption
in continuous service for less than ten years, to take a refresher
course instead of having to retake the entire basic training course.
Chapter 491 of the Laws of 2010 amended the CPL by increasing the
maximum number of hours the Municipal Police Training Council could
prescribe for peace officer basic training from 35 to 180 hours.
Before the enactment of that law, the mandated basic peace officer
training consisted of 10 hours for part-time peace officers and 35
hours for full-time peace officers.

On June 1, 2011, the Municipal Police Training Council approved
proposed enhancements to the Basic Course for Peace Officers to
provide for a minimum of 99 hours of instruction. Thus, before June 1,
2011, retaking these courses was not burdensome for peace officers
whose service was interrupted for an extended length of time.
However, the expanded hours of training has caused the retaking of
these courses to become burdensome. Additionally, police officers, who
have greater powers of investigation, arrest and detention have the
benefit of just taking a refresher course. This proposed amendment
will permit peace officers who have had an interruption in continuous
service of less than ten years take a refresher course to remain


certified, and it will allow municipalities to hire qualified persons
without unnecessary expense.

Budget Implications:

None.

Local Impact:

None.

Effective Date:

This bill would take effect on the ninetieth day after it shall have
become a law.

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

                                  7023

                            I N  S E N A T E

                             April 16, 2014
                               ___________

Introduced  by  Sen. NOZZOLIO -- (at request of the Division of Criminal
  Justice Services) -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to providing for
  a  refresher course for peace officers who have had an interruption in
  continuous service for less than ten years

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

  Section  1.  Subdivision  6  of section 2.30 of the criminal procedure
law, as amended by chapter 491 of the laws of 2010, is amended  to  read
as follows:
  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; OR
  (D)  WHERE  THE  HOLDER, WHOSE INTERRUPTION IN CONTINUOUS SERVICE AS A
PEACE OFFICER OR AS A POLICE OFFICER DOES  NOT  EXCEED  TEN  YEARS,  HAS
SATISFACTORILY  COMPLETED AN APPROVED PEACE OFFICER REFRESHER COURSE, AS
PRESCRIBED BY THE MUNICIPAL POLICE TRAINING COUNCIL.
  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  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, the commissioner of  the  division
of  criminal  justice  services is authorized and directed to promulgate
any rules and regulations necessary to implement the provisions of  this
act on or before such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13898-02-4

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