S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5417--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Governmental Operations  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation to enacting the "police and peace officer licensing act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "police and peace officer licensing act".
   §  2.  Section  840  of the executive law is amended by adding two new
 subdivisions 7 and 8 to read as follows:
   7. THE COUNCIL SHALL, IN ADDITION:
   (A) ESTABLISH AND IMPLEMENT A  MANDATORY  LICENSING  PROGRAM  FOR  ALL
 CURRENT AND NEW POLICE OFFICERS AND PEACE OFFICERS IN THE STATE.
   (B)  ALL  CURRENT  AND  NEW  POLICE OFFICERS AND PEACE OFFICERS IN THE
 STATE SHALL BE LICENSED PURSUANT TO THIS SUBDIVISION BY  JANUARY  FIRST,
 TWO THOUSAND TWENTY-THREE.
   (C)  EVERY LICENSE ISSUED PURSUANT TO THIS SUBDIVISION SHALL REMAIN IN
 EFFECT, UNLESS REVOKED OR SUSPENDED, FOR A  PERIOD  OF  FIVE  YEARS  AND
 SHALL  BE  RENEWED,  IN A MANNER ESTABLISHED BY THE COUNCIL, IN ORDER TO
 CONTINUE EMPLOYMENT AS A POLICE OFFICER OR PEACE OFFICER IN THE STATE.
   (D) PROMULGATE RULES AND REGULATIONS WITH RESPECT TO THE ESTABLISHMENT
 AND IMPLEMENTATION ON AN ONGOING BASIS OF A CONTINUING EDUCATION PROGRAM
 FOR ALL CURRENT AND NEW  POLICE  OFFICERS  REGARDING  THE  POLICIES  AND
 PROCEDURES  ESTABLISHED  PURSUANT TO THIS SUBDIVISION, ALONG WITH PROCE-
 DURES AND POLICIES FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   8. THE COUNCIL SHALL, IN ADDITION:
   (A) DEVELOP, MAINTAIN AND DISSEMINATE A CONTINUING  EDUCATION  PROGRAM
 FOR ALL CURRENT AND NEW POLICE OFFICERS AND PEACE OFFICERS IN THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09489-02-1
              

 A. 5417--A                          2
 
   (B)  SUCH  CONTINUING  EDUCATION PROGRAM SHALL INCLUDE LICENSE RENEWAL
 REQUIREMENTS, PURSUANT TO PARAGRAPH (C) OF  SUBDIVISION  SEVEN  OF  THIS
 SECTION,  INCLUDING  THE SENSITIVITY AND DE-ESCALATION TRAINING PURSUANT
 TO PARAGRAPH (H-1) OF SUBDIVISION ONE OF THIS SECTION.
   (C) PROMULGATE RULES AND REGULATIONS WITH RESPECT TO THE ESTABLISHMENT
 AND IMPLEMENTATION ON AN ONGOING BASIS OF A CONTINUING EDUCATION PROGRAM
 FOR  ALL  CURRENT  AND  NEW  POLICE  OFFICERS REGARDING THE POLICIES AND
 PROCEDURES ESTABLISHED PURSUANT TO THIS SUBDIVISION, ALONG  WITH  PROCE-
 DURES AND POLICIES FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   §  3.  The  executive  law is amended by adding a new section 841-e to
 read as follows:
   § 841-E. INDEPENDENT POLICE AND PEACE OFFICER LICENSING REVIEW  BOARD.
 1. THERE IS HEREBY CREATED WITHIN THE DIVISION AN INDEPENDENT POLICE AND
 PEACE  OFFICER  LICENSING  REVIEW  BOARD  COMPOSED OF SEVEN MEMBERS, WHO
 SHALL BE SELECTED AS FOLLOWS:
   (A) THREE SHALL BE APPOINTED BY THE GOVERNOR;
   (B) ONE SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (C) ONE SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND
   (D) TWO SHALL BE APPOINTED BY THE ATTORNEY GENERAL.
   2. THE GOVERNOR SHALL DESIGNATE FROM AMONG THE MEMBERS OF THE  COUNCIL
 A CHAIRMAN WHO SHALL SERVE DURING THE PLEASURE OF THE GOVERNOR.
   3.  ALL  MEMBERS  OF  THE  COUNCIL SHALL BE APPOINTED FOR TERMS OF TWO
 YEARS, SUCH TERMS TO COMMENCE ON APRIL FIRST, AND EXPIRE ON MARCH  THIR-
 TY-FIRST.  ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHERWISE THAN BY
 EXPIRATION OF TERM SHALL BE APPOINTED FOR  THE  UNEXPIRED  TERM  OF  THE
 MEMBER  WHOM  HE IS TO SUCCEED. VACANCIES CAUSED BY EXPIRATION OF A TERM
 OR OTHERWISE SHALL BE FILLED IN THE SAME  MANNER  AS  ORIGINAL  APPOINT-
 MENTS.  ANY MEMBER MAY BE REAPPOINTED FOR ONLY ONE ADDITIONAL TERM.
   4.  THE  REVIEW  BOARD  SHALL  BE PERMITTED TO REVIEW INDIVIDUAL CASES
 PERTAINING TO POLICE AND PEACE OFFICERS. IN RESPONSE, THE  REVIEW  BOARD
 MAY  DO THE FOLLOWING IF THE BOARD FINDS THAT SUCH OFFICER HAS COMMITTED
 PROFESSIONAL MISCONDUCT:
   (A) ISSUE LICENSING PENALTIES FOR PROFESSIONAL MISCONDUCT;
   (B) REVOKE AND/OR SUSPEND LICENSES  ISSUED  BY  THE  MUNICIPAL  POLICE
 TRAINING COUNCIL;
   (C) ISSUE FINES;
   (D)  REQUIRE SUCH POLICE OR PEACE OFFICER TO UNDERGO THERAPY OR TREAT-
 MENT; AND/OR
   (E) REQUIRE SUCH POLICE OR PEACE OFFICER TO FULFILL ADDITIONAL CONTIN-
 UING EDUCATION COURSES.
   5. THE REVIEW BOARD SHALL PROMULGATE, AND MAY FROM TIME TO TIME AMEND,
 RULES AND REGULATIONS WITH RESPECT TO DEFINING PROFESSIONAL  MISCONDUCT.
 SUCH DEFINITION SHALL INCLUDE EXCESSIVE FORCE AND ABUSE OF POWER AND MAY
 INCLUDE ALL OTHER ACTS THE REVIEW BOARD DEEMS TO QUALIFY AS PROFESSIONAL
 MISCONDUCT.
   6.  THE  REVIEW BOARD SHALL HAVE THE POWER TO ISSUE SUBPOENAS AND HIRE
 AN EXECUTIVE DIRECTOR AND INVESTIGATORS TO FURTHER  INVESTIGATE  ALLEGA-
 TIONS OF PROFESSIONAL MISCONDUCT.
   §  4.  The  opening paragraph of subdivision 34 of section 1.20 of the
 criminal procedure law is amended to read as follows:
   The following persons, WHO ARE LICENSED IN GOOD STANDING, AS OF  JANU-
 ARY  FIRST,  TWO THOUSAND TWENTY-THREE, BY THE MUNICIPAL POLICE TRAINING
 COUNCIL PURSUANT TO SUBDIVISION SEVEN OF SECTION EIGHT HUNDRED FORTY  OF
 THE EXECUTIVE LAW, are police officers:

 A. 5417--A                          3
 
   §  5.  The opening paragraph of section 2.10 of the criminal procedure
 law, as added by chapter 843 of the laws of 1980, is amended to read  as
 follows:
   Notwithstanding the provisions of any general, special or local law or
 charter to the contrary, only the following persons, WHO ARE LICENSED IN
 GOOD  STANDING,  AS  OF JANUARY FIRST, TWO THOUSAND TWENTY-THREE, BY THE
 MUNICIPAL POLICE TRAINING  COUNCIL  PURSUANT  TO  SUBDIVISION  SEVEN  OF
 SECTION  EIGHT HUNDRED FORTY OF THE EXECUTIVE LAW, shall have the powers
 of, and shall be peace officers:
   § 6. Subdivision 1 of section 840 of the executive law is  amended  by
 adding a new paragraph (h-1) to read as follows:
   (H-1)  ESTABLISHMENT  AND  IMPLEMENTATION  ON AN ONGOING BASIS, OF   A
 TRAINING PROGRAM FOR ALL NEW POLICE OFFICERS AND PEACE OFFICERS HIRED ON
 AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, REGARDING  SENSITIV-
 ITY  AND  DE-ESCALATION TRAINING. SUCH PROGRAM SHALL INCLUDE TRAINING ON
 THE FOLLOWING AREAS:
   (1) HANDLING EMERGENCIES AND COMPLAINTS, INCLUDING BUT NOT LIMITED TO,
 THOSE INVOLVING VICTIMS, WITNESSES  OR  SUSPECTS  WITH  MENTAL  ILLNESS,
 SUBSTANCE  USE DISORDER, TRAUMA HISTORY OR DEVELOPMENTAL OR INTELLECTUAL
 DISABILITIES, WHICH SHALL INCLUDE TRAINING RELATED TO  COMMON  BEHAVIORS
 AND  ACTIONS  EXHIBITED  BY SUCH INDIVIDUALS, STRATEGIES LAW ENFORCEMENT
 OFFICERS MAY USE FOR REDUCING OR PREVENTING THE RISK OF HARM AND STRATE-
 GIES THAT INVOLVE THE LEAST INTRUSIVE MEANS  OF  ADDRESSING  SUCH  INCI-
 DENCES  AND  INDIVIDUALS WHILE PROTECTING THE SAFETY OF THE LAW ENFORCE-
 MENT OFFICER AND OTHER PERSONS; AND
   (2) PRACTICES AND TECHNIQUES RELATED TO RESPONDING TO MASS  GATHERINGS
 OR PROTESTS THAT SHALL EMPHASIZE DE-ESCALATION AND MINIMIZING THE NECES-
 SITY FOR USE OF FORCE; AND
   (3)  CULTURAL  COMPETENCY  ON  ISSUES REGARDING RACE, ETHNICITY, IMMI-
 GRATION STATUS, SEXUAL ORIENTATION AND GENDER IDENTITY TO HELP  PROSPEC-
 TIVE OFFICERS LEARN HOW TO WORK EFFECTIVELY IN DIVERSE COMMUNITIES.
   §  7.  This  act shall take effect on the ninetieth 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 are authorized to be made and completed
 on or before such effective date.