Senate Bill S5206

                                 
BILL NUMBER: S5206

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
police training council; and to repeal certain provisions of the execu-
tive law related thereto

 
PURPOSE:

To provide authority for the commissioner of the office of public safe-
ty, within the division to establish a standardized police training
curriculum for all law enforcement agencies throughout the state and to
establish a police training council under the supervision of the deputy
commissioner of criminal justice services to ensure that all such agen-
cies certify that each agency has performed the appropriate training
annually in order to qualify for any law enforcement grants or appropri-
ations.

 
SUMMARY OF PROVISIONS:

              

This act shall repeal old language providing for a municipal police
training council and add new language to establish a new police training
council which mandates all law enforcement agencies to comply with annu-
al law enforcement training standards as established by the police
training council under Executive Law, Article 35;

Section 839. Repealed and Replaced with; Police Training Council. I.
There is hereby created within the office of public safety within the
division, a police training council, to be administered by the deputy
commissioner for criminal justice services, and composed of nine members
who are law enforcement professionals representing academic, legal,
supervisory, law enforcement labor organizations as well as community
organizations in order to elicit a wide cross section of views in deter-
mining an appropriate annual training curriculum for all law enforcement
agencies established with police or peace officer status throughout the
state. Such members shall be selected as follows:

(a) three members appointed by the governor;

(b) two members appointed by the temporary president of the senate;

(c) two members appointed by the speaker of the assembly;

(d) one member appointed by the minority leader of the senate;

(e) one member appointed by the minority leader of the assembly.

2. The governor shall designate from among the members of the council a
chairperson who shall serve at the pleasure of the governor and who
shall be compensated for such position.

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 thirty-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
or she is to succeed. Vacancies caused by expiration of a term or other-

wise shall be filed in the same manner as original appointments. A
member may be reappointed for additional terms.

4. The council shall continuously meet, as needed, to perform its estab-
lished duties to set uniform training standards in policing throughout
the state. The council's annual training curriculum shall be published
in January of each calendar year so that ample time and resources will
afford each agency the ability to complete the mandatory training
curriculum. Upon certification to the deputy commissioner of criminal
justice services by the agency, that all law enforcement employees have
been trained in the published curriculum, the commissioner shall author-
ize the division of budget to release any grants or appropriations
allotted to the law enforcement agency for the next-budget year.

5. Membership on the council shall not constitute the holding of an
office, and members of the council shall not be required to take and
file oaths of office before serving on the council. The council shall
not have the right to exercise any portion of the sovereign power of the
state.

6. With the exception of the chairperson as designated pursuant to
subdivision two of this section, the members of the council shall
receive no compensation for their services but shall be allowed their
actual and necessary expenses incurred in the performance of their func-
tions hereunder.

7. No member of the council shall be disqualified from holding any
public office or employment, nor shall he forfeit any such office or
employment, by reason of his appointment hereunder, notwithstanding the
provision of any general, special or local law, ordinance or city char-
ter.

Section 840, is Repealed and Replaced with; Functions, powers and duties
of council. The council shall recommend to the commissioner rules and
regulations with respect to establishing a statewide mandatory training
curriculum for all law enforcement agencies established with police
officer or peace officer status throughout the state. Such training
curriculum shall include but not be limited to updates in legislative
changes related to laws, rules and regulations involving the law
enforcement profession as well as police interaction with civilians, use
of force, powers and procedures for arrest, civil rights, policing
tactics and any issue or subject deemed relevant by the council that
will enhance police professional standards.

Section 841, is Repealed and Replaced with; Functions, powers and duties
of the commissioner with respect to the council. In addition to the
functions, powers and duties otherwise provided by this article, the
commissioner shall, with the general advice of the council approve a
statewide mandatory training curriculum for all law enforcement agencies
throughout the state.

 
EXISTING LAW:

Repeal and Replace Article 35, Section(s) 839, 840 and 841.

 
JUSTIFICATION:


Throughout our state's history, modem policing has been based mainly on
basic training from a police academy within the first year of employ-
ment. More advanced training was afforded to law enforcers by their law
enforcement agencies throughout the state in a manner that has not kept
up with our state's ever changing landscape involving crucial changes to
our laws and public policy involving the law enforcement profession.
More often than not, stories involving the lack of consistent training
in the most fundamental aspects of modem policing has permeated into the
public's perception that our law enforcers do not have the ability to
change or adapt to new techniques involving police/civilian inter-
actions, changes in laws of arrest and changing standards in the use
force to name a few issues that have arisen most recently.

This legislation aims to restore the public's confidence in our law
enforcers to be trained in the most up to date techniques and knowledge
of our state's laws to ensure proficiency in all aspects of their
demanding jobs. It also ensures that all law enforcement agencies must
certify to the state that it is performing the training requirements as
established by the police training council on an annual basis.

 
LEGISLATIVE HISTORY:

2024; Held in Senate Codes Committee.

 
FISCAL IMPLICATIONS:

Any fiscal implications shall be offset by the reduction in legal and
other liability costs associated with under trained or untrained law
enforcement professionals.

 
EFFECTIVE DATE:
Immediate.