S T A T E O F N E W Y O R K
________________________________________________________________________
6926
I N S E N A T E
March 7, 2016
___________
Introduced by Sen. GOLDEN -- 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 equipping police offi-
cers to protect against terrorist acts and active shooter incidents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative finding and declaration. The legislature hereby
finds and declares that there is a substantial state interest in
protecting New York from the threat of terrorist attacks and active
shooter incidents. The legislature also finds and declares that the
burden of stopping such threats falls overwhelmingly on police officers,
who are often not adequately equipped to be able to meet such threats.
Therefore, the legislature declares the necessity for the enactment of
this act to require that police officers in certain locations within the
state be adequately equipped with state of the art personal protective
equipment and firearms that will allow them to meet the existing threat
from terrorist attacks and active shooter incidents.
S 2. The executive law is amended by adding a new section 837-s to
read as follows:
S 837-S. ANTI-TERROR RESPONSE PACKAGES FOR PUBLIC SAFETY. 1. AS USED
IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "COVERED POLICE DEPARTMENT" SHALL MEAN A POLICE DEPARTMENT OF A
CITY WITH A POPULATION OF MORE THAN ONE MILLION.
(B) "ANTI-TERROR RESPONSE PACKAGE" SHALL MEAN A PACKAGE OF PERSONAL
PROTECTIVE EQUIPMENT AND ONE OR MORE FIREARMS THAT WILL ALLOW A POLICE
OFFICER TO RESPOND IMMEDIATELY TO A TERRORIST ATTACK OR AN ACTIVE SHOOT-
ER INCIDENT. THE CONTENTS OF THE PACKAGE SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO: AN ADVANCED BALLISTIC VEST; AN ADVANCED BALLISTIC HELMET;
AND AN APPROVED LONG GUN OR RIFLE HAVING SEMIAUTOMATIC CAPABILITY. THE
EQUIPMENT INCLUDED IN AN ANTI-TERROR RESPONSE PACKAGE SHALL PROVIDE THE
GREATEST LEVEL OF PROTECTION AND EFFECTIVENESS TO MEET THE THREAT TO THE
PUBLIC AND POLICE OFFICERS FROM TERRORIST ATTACKS AND ACTIVE SHOOTER
INCIDENTS AND SHALL BE COMMENSURATE WITH THE STATE OF THE ART AT THE
TIME OF ISSUANCE, AS DETERMINED BY THE COMMISSIONER. ALL EQUIPMENT AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14560-01-6
S. 6926 2
FIREARMS SHALL BE REPLACED BY THE COVERED POLICE DEPARTMENT EVERY FIVE
YEARS OR WHEN THE STATE OF THE ART IMPROVES AS DETERMINED BY THE COMMIS-
SIONER, WHICHEVER IS EARLIER.
(C) "ACTIVE SHOOTER INCIDENT" SHALL MEAN ANY INCIDENT WHERE AN INDI-
VIDUAL OR GROUP IS ACTIVELY ENGAGED IN KILLING, ATTEMPTING TO KILL, OR
THREATENING TO KILL A PERSON OR PERSONS IN A PUBLIC OR PRIVATE AREA BY
MEANS OF A FIREARM, ASSAULT WEAPON OR EXPLOSIVE DEVICE.
(D) "APPROVED LONG GUN OR RIFLE" SHALL MEAN A M4A1 CARBINE, AR-15
RIFLE, RUGER MINI-14 RIFLE, MP5, OR OTHER FIREARM WITH SIMILAR CAPABILI-
TIES, AS DETERMINED BY THE COMMISSIONER.
(E) "ADVANCED BALLISTIC VEST" SHALL MEAN A BALLISTIC VEST CLASSIFIED
AS AT LEAST TYPE IV BY THE NATIONAL INSTITUTE OF JUSTICE STANDARDS FOR
BALLISTIC RESISTANCE OF BODY ARMOR. THE COMMISSIONER SHALL DESIGNATE A
BALLISTIC VEST THAT IS STATE OF THE ART BEYOND TYPE IV AS THE "ADVANCED
BALLISTIC VEST" WHEN SUCH BALLISTIC VEST BECOMES COMMERCIALLY AVAILABLE.
(F) "ADVANCED BALLISTIC HELMET" SHALL MEAN A BALLISTIC HELMET CLASSI-
FIED AS AT LEAST TYPE III-A BY THE NATIONAL INSTITUTE OF JUSTICE STAND-
ARDS FOR BALLISTIC HELMETS. THE COMMISSIONER SHALL DESIGNATE A BALLISTIC
HELMET THAT IS THE STATE OF THE ART BEYOND TYPE III-A AS THE "ADVANCED
BALLISTIC HELMET" WHEN SUCH BALLISTIC HELMET BECOMES COMMERCIALLY AVAIL-
ABLE.
2. ALL COVERED POLICE DEPARTMENTS SHALL MAINTAIN ONE ANTI-TERROR
RESPONSES PACKAGE FOR EVERY EMPLOYED POLICE OFFICER. SUCH ANTI-TERROR
RESPONSE PACKAGES SHALL BE LOCATED IN VEHICLES TO WHICH POLICE OFFICERS
ARE ASSIGNED, SECURE POLICE FACILITIES, AND OTHER SECURE AREAS IMME-
DIATELY ACCESSIBLE TO POLICE OFFICERS DURING THE PERFORMANCE OF THEIR
DUTIES. ALL COVERED POLICE DEPARTMENTS SHALL IMPLEMENT A POLICY THAT
POLICE OFFICERS OUTFIT THEMSELVES TO THE GREATEST EXTENT PRACTICABLE
WITH THE EQUIPMENT AND FIREARM INCLUDED IN THE ANTI-TERROR RESPONSE
PACKAGE PRIOR TO RESPONDING TO ANY TERRORIST ATTACK OR ACTIVE SHOOTER
INCIDENT.
3. ALL COVERED POLICE DEPARTMENTS SHALL TRAIN ALL POLICE OFFICERS
EMPLOYED BY SUCH DEPARTMENTS NO LESS THAN ANNUALLY IN THE USE OF THE
ANTI-TERROR RESPONSE PACKAGE AND ITS COMPONENTS, AND SHALL ISSUE
ANTI-TERROR CERTIFICATIONS TO POLICE OFFICERS UPON COMPLETION OF SUCH
TRAINING.
4. A COVERED POLICE DEPARTMENT MAY APPLY TO THE COMMISSIONER FOR
REIMBURSEMENT OF FUNDS EXPENDED FOR THE PURCHASE OF ANTI-TERROR RESPONSE
PACKAGES. THE COMMISSIONER SHALL REQUIRE ANY COVERED POLICE DEPARTMENT
SEEKING REIMBURSEMENT UNDER THIS SECTION TO APPLY FOR ANY AVAILABLE
FEDERAL FUNDS. ANY COVERED POLICE DEPARTMENT FAILING TO DO SO SHALL NOT
BE ENTITLED TO REIMBURSEMENT UNDER THIS SECTION. THE COMMISSIONER MAY
WAIVE SUCH FAILURE FOR GOOD CAUSE. THE COMMISSIONER SHALL MAINTAIN A
PUBLIC RECORD OF ALL SUCH WAIVERS AND THE REASONS THEREFOR. REIMBURSE-
MENT MAY BE WITHHELD PENDING THE DETERMINATION OF AN APPLICATION FOR
FEDERAL FUNDS.
5. THE AMOUNT OF ANY REIMBURSEMENT AUTHORIZED TO BE MADE PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION SHALL BE REDUCED BY THE AMOUNT OF ANY
FEDERAL FUNDS GRANTED TO THE COVERED POLICE DEPARTMENT FOR THE PURPOSE
OF PURCHASING ANTI-TERROR RESPONSE PACKAGES, AND BY THE AMOUNT OF ANY
OTHER FUNDS RECEIVED DIRECTLY OR INDIRECTLY FOR THAT PURPOSE BY THE
COVERED POLICE DEPARTMENT.
6. THE COMMISSIONER SHALL PROMULGATE REGULATIONS PRESCRIBING STANDARDS
AND SPECIFICATIONS FOR THE CONTENTS OF THE ANTI-TERROR RESPONSE PACKAGE
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE REQUIREMENTS FOR TRAIN-
ING AND CERTIFICATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION,
S. 6926 3
PROCEDURES FOR REIMBURSEMENT TO COVERED DEPARTMENTS PURSUANT TO SUBDIVI-
SIONS FOUR AND FIVE OF THIS SECTION, AND ALL OTHER RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
7. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER GENER-
AL, SPECIAL, LOCAL OR OTHER LAW, RULE OR REGULATION TO THE CONTRARY, A
POLICE OFFICER'S FAILURE TO ADHERE TO POLICIES PROMULGATED BY COVERED
POLICE DEPARTMENTS PURSUANT TO THIS SECTION SHALL NOT AMOUNT TO A
VIOLATION OF A DUTY OR OBLIGATION OF A POLICE OFFICER AND NEITHER THE
POLICE OFFICER NOR ANY HEIR, EXECUTOR, ADMINISTRATOR OR ASSIGN SHALL
SUFFER ANY LOSS OR DIMINISHMENT OF ANY RIGHT, INTEREST OR BENEFIT TO
WHICH THEY ARE OTHERWISE ENTITLED.
8. THE FAILURE TO SECURE STATE OR FEDERAL FUNDING SHALL NOT RELIEVE A
COVERED POLICE DEPARTMENT FROM THE OBLIGATIONS IMPOSED BY THIS SECTION.
THE LANGUAGE OF THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT A
COVERED POLICE DEPARTMENT FROM EXPENDING ITS OWN FUNDS FOR ANTI-TERROR
RESPONSE PACKAGES, OR THEIR CONTENTS, IN AMOUNTS EXCEEDING ANY ESTAB-
LISHED STATE REIMBURSEMENT LIMITATIONS.
S 3. This act shall take effect immediately.