senate Bill S942

2013-2014 Legislative Session

Requires the municipal police training council to promulgate rules and regulations regarding psychological evaluations for certain members of a police force

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 09, 2013 referred to finance

Co-Sponsors

S942 - Bill Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §840, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S6853

S942 - Bill Texts

view summary

Requires the municipal police training council to promulgate rules and regulations regarding psychological evaluations for certain members of the police force of a city with a population of one million or more.

view sponsor memo
BILL NUMBER:S942

TITLE OF BILL:
An act
to amend the executive law, in relation to requiring the municipal
police training council to promulgate regulations regarding
psychological evaluations

PURPOSE:
To require that police officers receive periodic
psychological evaluations who are primarily tasked with patrolling
the streets on a day to day basis.

SUMMARY OF PROVISIONS:
To require that police
officers who are
involved on a day to day basis in patrolling and safeguarding the
streets are to be assessed and are able to maintain their fitness for
duty by periodic (every three years) psychological evaluations.

JUSTIFICATION:
The job of a police officer is and may be one of the
toughest occupations that a person may engage in, short of active
military duty. Studies have shown that many members of the military
may suffer from post traumatic stress disorder (PTSD) and not even be
aware of it.

Moreover, the police department requires that officers routinely
qualify with regard to their proficiency with their service weapons.
A failure to qualify may in and of itself have adverse consequences
to their employment. The incongruity becomes patently obvious when
and if an officer is psychologically unfit, but nevertheless an
expert marksmen.

A recent look back at some tragic circumstances lends credence to the
need for continuous evaluation of the mental fitness of these brave
men and women who have chosen to protect and serve in harrowing
conditions on a daily basis.

On Thanksgiving Day 1976 P.O. Robert Torsney shot Randolph Evans a 15
year old (unarmed) Brooklyn boy in the head at point blank range
after a brief conversation and drove back to the 75th Pct. where he
was arrested. At his trial in October 1977 he was found not guilty by
reason of insanity and remanded to a State mental hospital. On
December 20, 1978 a Brooklyn Supreme Court ordered Torsney's release
stating "he no longer posed a threat to society."

Since that date to the present there have been a number of unjustified
police shootings, involving unarmed citizens. Most recently the
shooting death of Ramarley Graham (18) an unarmed youth who was shot
and killed in his bathroom on February 2, 2012 after police broke
into his building and apartment illegally and that has sparked a
great deal of public controversy.

In homage to this issue the New York Police Department (NYPD) recently
modified the rules concerning the use of deadly physical force. The


NYPD official patrol-guide, in the section referencing the use of
firearms, inserted the words "in their professional judgment." The
passage now reads: "Police officers shall not discharge their weapons
when, in their professional judgment, doing so will unnecessarily
endanger innocent persons."

"Professional judgment" by definition means "the ability to judge,
make a decision - or form an opinion objectively, authoritatively, and
wisely, especially in matters affecting action; good sense;
discretion:" Professional judgment requires the utilization of ones
faculties to making quantitative decisions and/or problem solving
skills which may be impaired if there are psychological deficits.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Take effect immediately after it shall become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   942

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. RIVERA, HASSELL-THOMPSON, PARKER, PERKINS, SERRANO
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Finance

AN ACT to amend the executive law, in relation to requiring the  munici-
  pal  police  training  council  to  promulgate  regulations  regarding
  psychological evaluations

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

  Section  1.  Subdivision  2  of  section  840 of the executive law, as
amended by chapter 66 and such section as renumbered by chapter  603  of
the laws of 1973, is amended to read as follows:
  2.  A.  The council shall promulgate, and may from time to time amend,
such rules and  regulations  prescribing  height,  weight  and  physical
fitness  requirements  for  eligibility  of  persons  for provisional or
permanent appointment in the competitive class of the civil  service  as
police officers of any county, city, town, village or police district as
it  deems  necessary  and proper for the efficient performance of police
duties.
  B. THE COUNCIL, IN ADDITION TO THE RULES AND REGULATIONS SET FORTH  IN
PARAGRAPH  A OF THIS SUBDIVISION, SHALL PROMULGATE, AND MAY FROM TIME TO
TIME AMEND, SUCH RULES AND REGULATIONS, REQUIRING EVERY POLICE  OFFICER,
APPOINTED  IN  THE COMPETITIVE CLASS OF THE SERVICE, FOR ANY CITY WITH A
POPULATION OF ONE MILLION OR MORE, TO UNDERGO A PSYCHOLOGICAL EVALUATION
UPON ENTRY INTO SUCH SERVICE, AND UPON EVERY THIRD YEAR  THEREAFTER,  TO
DETERMINE  WHETHER  SUCH  OFFICER  HAS POST-TRAUMATIC STRESS DISORDER OR
ANGER MANAGEMENT ISSUES, WHICH MAY AFFECT HIS OR HER ABILITY TO SERVE AS
A POLICE OFFICER, PROVIDED, HOWEVER, THE PROVISIONS OF THIS  SUBDIVISION
SHALL  NOT  APPLY  TO POLICE OFFICERS WHO ARE NOT ASSIGNED TO PRECINCTS,
WHO ARE NOT ASSIGNED TO ACTIVE DUTY ON PATROL OR  WHO  SUPERVISE  POLICE
PERSONNEL WHO ARE ASSIGNED TO ACTIVE DUTY ON PATROL.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01332-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.