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Senate Bill S3518

2021-2022 Legislative Session

Relates to training for police officers before allowing them to carry or use a firearm

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S3518 (ACTIVE) - Details

See Assembly Version of this Bill:
A4937
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §840-a, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10686
2017-2018: A4596
2019-2020: S6540, A5178
2023-2024: S1663, A424
2025-2026: S2293, A2423

2021-S3518 (ACTIVE) - Summary

Relates to prohibiting police officers from carrying or using a firearm 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.

2021-S3518 (ACTIVE) - Sponsor Memo

2021-S3518 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3518
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in  relation  to  prohibiting  police
   officers  from  carrying  or  using  a firearm 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 stan-
   dards established by the municipal police training council
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  840-a
 to read as follows:
   §  840-A.  MUNICIPAL  POLICE; FIREARM USE. NO MUNICIPALITY SHALL ALLOW
 ANY POLICE OFFICER IT EMPLOYS TO CARRY OR USE A FIREARM DURING ANY PHASE
 OF THE OFFICER'S OFFICIAL DUTIES, WHICH CONSTITUTES ON-DUTY  EMPLOYMENT,
 UNLESS  THE  OFFICER  HAS  SATISFACTORILY COMPLETED A COURSE OF TRAINING
 THAT MEETS OR EXCEEDS THE MINIMUM STANDARDS ESTABLISHED BY THE MUNICIPAL
 POLICE TRAINING  COUNCIL  IN  THE  USE  OF  DEADLY  PHYSICAL  FORCE  AND
 FIREARMS,  AND  ANNUALLY RECEIVES INSTRUCTION IN THE USE OF DEADLY PHYS-
 ICAL FORCE AND FIREARMS THAT MEETS  OR  EXCEEDS  THE  MINIMUM  STANDARDS
 ESTABLISHED  BY  THE MUNICIPAL POLICE TRAINING COUNCIL. ALL EMPLOYERS OF
 POLICE OFFICERS SHALL CONDUCT, OR PROVIDE THROUGH ANOTHER  ORGANIZATION,
 SUCH  TRAINING  REQUIRED  BY  THIS  SECTION WITH SUFFICIENT FREQUENCY TO
 ENSURE THERE IS NO IMPACT ON A POLICE OFFICER'S ON-DUTY  EMPLOYMENT  DUE
 TO LACK OF AVAILABLE TRAINING. A POLICE OFFICER SHALL NOT BE TRANSFERRED
 FROM  HIS  OR HER PRECINCT, COMMAND, ASSIGNMENT, POST, SQUAD, OR TOUR OF
 DUTY AS A RESULT OF SUCH EMPLOYER'S  FAILURE  TO  PROVIDE  THE  TRAINING
 REQUIRED  UNDER  THIS  SECTION.  IN ADDITION, SUCH EMPLOYER'S FAILURE TO
 PROVIDE THE TRAINING REQUIRED UNDER THIS  SECTION  SHALL  NOT  IMPAIR  A
 POLICE OFFICER'S ABILITY TO CARRY A FIREARM WHILE OFF-DUTY.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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