Senate Bill S7556A

                                 BILL NUMBER:  S7556A

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to prohibiting police officers from carrying or using a
weapon during any phase of the officer's official duties unless the
officer has satisfactorily completed a course of training that meets
or exceeds the minimum standards established by the municipal police
training council

 PURPOSE :

To amend the General Municipal Law to require annual firearms and
other weapons training for police officers who carry or use firearms
or other weapons during their official duties.

 SUMMARY OF PROVISIONS :

Section one of the bill would amend General Municipal Law 209-q(1)(b)
to require police officers to receive instruction in the use of deadly
physical forceand firearms and other weapons.

Section two of the bill would make it effective on the first of
January next succeeding.

 EXISTING LAW :

              

There is no current statutory or regulatory requirement in the State
of New York for police officers to successfully complete annual
training in use of force or any type of weapons after they complete
the firearms training in the Basic Training Course for Police Officers
(BCPO).

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

A police officer may legally carry a firearm, baton and aerosol
subject restraint device (pepper spray) on-duty, without training,
during the first year of appointment. It is possible for a newly
appointed police officer to be assigned to field training or an
enforcement role while armed with a firearm, baton and aerosol subject
restraint without being trained. This is an untenable situation for
the safety of the public, the police officer and fellow officers.

In addition, there is no current requirement in the State of New York
for police officers to successfully complete annual training in use of
force or any type of weapon after they complete the firearms training
in the BCPO. It is possible for a police officer, after initial
training, to work his or her entire career without receiving
additional training for use of force, firearms or other weapons.
Fortunately, police officers are rarely required to discharge their
firearms; however, with decreased usage comes a decrease in accuracy.
Therefore, it is necessary that police officers receive annual
training to ensure accuracy and to maintain knowledge and proficiency
with regard to the weapons they are required to use.

Unlike police officers, armed peace officers (Criminal Procedure Law §
2.30) and armed security guards are required to have completed
firearms training before they carry a firearm on duty and are required
to complete annual training. Qualified retired law enforcement
officers (18 U.S.C. 926) are also required to complete annual firearms
training. Police officers should be held to the same standard and be
required to receive annual training in the use of firearms and other
weapons.
Furthermore, the New York State Law Enforcement Accreditation Program,
among others, set the standards for best practices in the State.
These standards currently require police officers to receive initial
use of force, firearms and other weapons training (Standards 32.1,
32.3, 32.4); annual use of force and firearms training (Standard
33.1); and periodic other weapons training (Standard 32.4). Thus, the
annual training required by this bill would comply with the
aforementioned accreditation programs.

 BUDGET IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
First of January next succeeding the date on which it shall have
become a law.