BILL NUMBER: S1663

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting police
officers from carrying or using a firearm during any phase of the offi-
cer's official duties unless the officer has satisfactorily completed a
course of training that meets or exceeds the minimum standards estab-
lished by the municipal police training council

 
PURPOSE OF THE BILL:

To amend the General Municipal Law to require annual firearms training
for police officers who carry or use firearms 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
firearms.
              

Section two of the bill would make it effective the first of January
next succeeding the date on which it shall have become law.

 
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 after they complete the firearms training in the Basic
Training Course for Police Officers (BCPO).

 
LEGISLATIVE HISTORY:

2021-22: S3518 - Referred to Codes

 
STATEMENT IN SUPPORT:

A police officer may legally carry a firearm, 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 enforce-
ment role while armed with a firearm, 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 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 with firearms.
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 firearm they are required to use.

Unlike police officers, armed peace officers (Criminal Procedure Law
2.30 3) 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.

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
firearms training (Standards 32.1, 32.3, 32.4); annual firearms training
(Standard 33.1);

Thus, the annual training required by this bill would comply with the
aforementioned accreditation programs.

 
BUDGET IMPLICATIONS:

None to the State.

 
LOCAL IMPACT:

The cost to the local municipality will be dependent on the number of
officers employed by the police department of that municipality.

 
EFFECTIVE DATE:
This legislation shall take effect on the first of January next succeed-
ing The date on which it shall become a law.