NY State Senate Bill 2021-S6219A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
May 19, 2021	print number 6219a
May 19, 2021	amend and recommit to codes
Apr 15, 2021	referred to codes

Bill Amendments

Original

A (Active)

2021-S6219 - Details

See Assembly Version of this Bill:: A5417
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §840, add §841-e, Exec L; amd §§1.20 & 2.10, CP L
Versions Introduced in 2023-2024 Legislative Session:: S3511, A4216

2021-S6219 - Summary

Enacts the "police and peace officer licensing act".

2021-S6219 - Sponsor Memo

                                
 
BILL NUMBER: S6219

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law and the criminal procedure law, in
relation to enacting the "police and peace officer licensing act"

 
SUMMARY OF PROVISIONS:

Section 1 of the bill states the act shall be referred to as the "police
and peace officer licensing act"

Section 2 amends Section 840 of the Executive Law to add two subdivi-
sions requiring the Municipal Police Training Council to establish a
mandatory licensing program for all police and peace officers in New
York State, and grant a five year license to every currently serving
police and peace officer by January 1, 2023. It also requires the Coun-
cil to establish continuing education requirements for license renewals,
and new de-escalation and sensitivity training requirements for new
officers after January 1, 2023.

Section 3 adds a new Section 841-e to the Executive Law that establishes
an Independent Police and Peace Officer Licensing Review Board of seven
members. The board shall investigate misconduct allegations made to the
board against licensed police and peace officers, and is allowed to
revoke or suspend the license of officers who are found to have commit-
ted misconduct. The section also allows the Board to promulgate rules
and regulations defining professional misconduct, and also allows it the
power to hire and executive director and investigators to investigate
misconduct allegations.

Section 4 amends Section 1.20 of the Criminal Procedure Law to require
all police officers be licensed in good standing with the Municipal
Police Training Council after January 1, 2023.

Section 5 amends Section 2.10 of the Criminal Procedure Law to require
all peace officers to be licensed and in good standing with the Munici-
pal Police Training Council by January 1, 2023.

Section 6 amends Section 840 of the Executive Law to remove subdivision
1(h), requiring the Municipal Police Training Council to establish a
training program for all officers, eliminating the exemption for munici-
palities with a population of over 1 million.

 
JUSTIFICATION:

The State of New York issues and monitors licenses for a wide variety of
professions, ranging from educators to physicians to hairstylists and
interior designers. If licensed professionals in these fields commit
misconduct, their licenses can be suspended or revoked by a State Board.
However, no such licensing regime exists in New York for police and
peace officers: in New York, almost all disciplinary power is left up to
municipal police departments and agencies that directly employ police
and peace officers, many of which have negotiated contracts that shield
officers from discipline even when they commit serious misconduct.

Thus, police departments rarely punish officers who commit misconduct,
even when the alleged misconduct is serious, violent and independently
substantiated. For example, in 2020, an investigation by ProPublica and
THE CITY found that the Civilian Complaint Review Board had substanti-
ated at least 40 instances of officers using illegal chokeholds in the
years after a police officer killed Eric Garner by using an illegal
chokehold in 2014. Yet none resulted in termination and all officers
were able to continue serving on our streets. Failing to address police
misconduct threatens New Yorkers' public safety, particularly the safety
Black and Brown New Yorkers who are disproportionately killed and harmed
by police misconduct.  This legislation would require the Municipal
Police Training Council to issue licenses to all police and peace offi-
cers by January 1, 2023, and establish continuing education requirements
in de-escalation and cultural sensitivity. It would also then create an
Independent Police and Peace Officer Licensing Review Board that would
investigate complaints of misconduct, and issue penalties, including
license suspension and revocation, similar to how Boards of Regents
handle misconduct complaints for other professions.

Officers would no longer be able to serve as police and peace officers
for any agency or municipality in the State of New York if their
licenses are suspended or revoked.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Effective 90 days after becoming law.

2021-S6219 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6219
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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.
   (B)  SUCH  CONTINUING  EDUCATION PROGRAM SHALL INCLUDE LICENSE RENEWAL
 REQUIREMENTS, PURSUANT TO PARAGRAPH (C) OF  SUBDIVISION  SEVEN  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09489-01-1

 S. 6219                             2
 
 SECTION,  INCLUDING  THE SENSITIVITY AND DE-ESCALATION TRAINING PURSUANT
 TO PARAGRAPH (H) 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:
   (A)  ISSUE LICENSING PENALTIES FOR PROFESSIONAL MISCONDUCT PURSUANT TO
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW;
   (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 IF THE BOARD FINDS THAT SUCH OFFICER HAS  COMMIT-
 TED PROFESSIONAL MISCONDUCT.
   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:
   § 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:

 S. 6219                             3
 
   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. Paragraph (h) of subdivision 1 of section 840  of  the  executive
 law,  as  amended by section 103 of subpart B of part C of chapter 62 of
 the laws of 2011, is amended to read as follows:
   (h) [Exemptions from particular provisions of this article in the case
 of any city having a population of one million or more, or in  the  case
 of  the  state department of corrections and community supervision if in
 its opinion the standards of police officer or  peace  officer  training
 established  and  maintained  by such city or department are higher than
 those established pursuant to this article; or revocation in whole or in
 part of such exemption, if in its opinion the standards of police  offi-
 cer or peace officer training established and maintained by such city or
 department  are  lower  than those established pursuant to this article]
 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  SENSITIVITY
 AND DE-ESCALATION TRAINING.
   §  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.

2021-S6219A (ACTIVE) - Details

See Assembly Version of this Bill:: A5417
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §840, add §841-e, Exec L; amd §§1.20 & 2.10, CP L
Versions Introduced in 2023-2024 Legislative Session:: S3511, A4216

2021-S6219A (ACTIVE) - Summary

Enacts the "police and peace officer licensing act".

2021-S6219A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6219a

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law and the criminal procedure law, in
relation to enacting the "police and peace officer licensing act"

 
SUMMARY OF PROVISIONS:

Section 1 of the bill states the act shall be referred to as the "police
and peace officer licensing act"

Section 2 amends Section 840 of the Executive Law to add two subdivi-
sions requiring the Municipal Police Training Council to establish a
mandatory licensing program for all police and peace officers in New
York State, and grant a five year license to every currently serving
police and peace officer by January 1, 2023. It also requires the Coun-
cil to establish continuing education requirements for license renewals,
and new de-escalation and sensitivity training requirements for new
officers after January 1, 2023.

Section 3 adds a new Section 841-e to the Executive Law that establishes
an Independent Police and Peace Officer Licensing Review Board of seven
members. The board shall investigate misconduct allegations made to the
board against licensed police and peace officers, and is allowed to
revoke or suspend the license of officers who are found to have commit-
ted misconduct. The section also allows the Board to promulgate rules
and regulations defining professional misconduct, and also allows it the
power to hire and executive director and investigators to investigate
misconduct allegations.

Section 4 amends Section 1.20 of the Criminal Procedure Law to require
all police officers be licensed in good standing with the Municipal
Police Training Council after January 1, 2023.

Section 5 amends Section 2.10 of the Criminal Procedure Law to require
all peace officers to be licensed and in good standing with the Munici-
pal Police Training Council by January 1, 2023.

Section 6 amends Section 840 of the Executive Law to remove subdivision
1(h), requiring the Municipal Police Training Council to establish a
training program for all officers, eliminating the exemption for munici-
palities with a population of over 1 million.

 
JUSTIFICATION:

The State of New York issues and monitors licenses for a wide variety of
professions, ranging from educators to physicians to hairstylists and
interior designers. If licensed professionals in these fields commit
misconduct, their licenses can be suspended or revoked by a State Board.
However, no such licensing regime exists in New York for police and
peace officers: in New York, almost all disciplinary power is left up to
municipal police departments and agencies that directly employ police
and peace officers, many of which have negotiated contracts that shield
officers from discipline even when they commit serious misconduct.

Thus, police departments rarely punish officers who commit misconduct,
even when the alleged misconduct is serious, violent and independently
substantiated. For example, in 2020, an investigation by ProPublica and
THE CITY found that the Civilian Complaint Review Board had substanti-
ated at least 40 instances of officers using illegal chokeholds in the
years after a police officer killed Eric Garner by using an illegal
chokehold in 2014. Yet none resulted in termination and all officers
were able to continue serving on our streets. Failing to address police
misconduct threatens New Yorkers' public safety, particularly the safety
Black and Brown New Yorkers who are disproportionately killed and harmed
by police misconduct.  This legislation would require the Municipal
Police Training Council to issue licenses to all police and peace offi-
cers by January 1, 2023, and establish continuing education requirements
in de-escalation and cultural sensitivity. It would also then create an
Independent Police and Peace Officer Licensing Review Board that would
investigate complaints of misconduct, and issue penalties, including
license suspension and revocation, similar to how Boards of Regents
handle misconduct complaints for other professions.

Officers would no longer be able to serve as police and peace officers
for any agency or municipality in the State of New York if their
licenses are suspended or revoked.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS OR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Effective 90 days after becoming law.

2021-S6219A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6219--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.
                                                            LBD09489-03-1

 S. 6219--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:

 S. 6219--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.

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Senate Bill S6219A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2021-S6219 - Details

2021-S6219 - Summary

2021-S6219 - Sponsor Memo

2021-S6219 - Bill Text download pdf

2021-S6219A (ACTIVE) - Details

2021-S6219A (ACTIVE) - Summary

2021-S6219A (ACTIVE) - Sponsor Memo

2021-S6219A (ACTIVE) - Bill Text download pdf

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Senate Bill S6219A

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2021-S6219 - Details

2021-S6219 - Summary

2021-S6219 - Sponsor Memo

2021-S6219 - Bill Text download pdf

2021-S6219A (ACTIVE) - Details

2021-S6219A (ACTIVE) - Summary

2021-S6219A (ACTIVE) - Sponsor Memo

2021-S6219A (ACTIVE) - Bill Text download pdf

Comments