§ 2.30 Training requirements for peace officers.

1. Every peace officer in the state of New York must successfully
complete a training program, a portion of which shall be prescribed by
the municipal police training council and a portion of which shall be
prescribed by his or her employer. The portion prescribed by the
municipal police training council shall be comprised of subjects, and
the hours each is to be taught, that shall be required of all types or
classes of peace officers. The hours of instruction required by the
municipal police training council shall not exceed one hundred eighty,
unless a greater amount is either required by law or regulation, or is
requested by the employer.

The segment prescribed by the employer for its employees shall be
comprised of subjects, and the hours each is to be taught, relating to
the special nature of the duties of the peace officers employed by it
provided, however, that when the subjects prescribed by the employer are
identical to the subjects in the training program required by the
municipal police training council, the employer shall not be required to
provide duplicate training for those subjects.

2. Each state or local agency, unit of local government, state or
local commission, or public authority, or public or private organization
which employs peace officers shall provide the training mandated by this
section, the cost of which will be borne by the employer. Each peace
officer satisfactorily completing the course prescribed by the municipal
police training council shall be awarded a certificate by the division
of criminal justice services attesting to that effect, and no person
appointed as a peace officer shall exercise the powers of a peace
officer, unless he or she has received such certification within twelve
months of appointment.

3. No employer shall allow any peace officer it employs to carry or
use a weapon during any phase of the officer's official duties, which
constitutes on-duty employment, unless the officer has satisfactorily
completed a course of training approved by the municipal police training
council in the use of deadly physical force and firearms and other
weapons, and annually receives instruction in deadly physical force and
the use of firearms and other weapons as approved by the municipal
police training council.

4. Upon the failure or refusal to comply with the requirements of this
section, the commissioner of the division of criminal justice services
shall apply to the supreme court for an order directed to the person
responsible requiring compliance. Upon such application, the court may
issue such order as may be just, and a failure to comply with the order
of the court shall be a contempt of court and punishable as such.

5. Every employer of peace officers shall report to the division of
criminal justice services, in such form and at such time as the division
may by regulation require, the names of all peace officers who have
satisfactorily completed any of the training requirements prescribed by
this section.

6. A certificate attesting to satisfactory completion of the training
requirements imposed under this section awarded to any peace officer by
the executive director of the municipal police training council pursuant
to this section shall remain valid:

(a) during the holder's continuous service as a peace officer; and

(b) for two years after the date of the commencement of an
interruption in such service where the holder had, immediately prior to
such interruption, served as a peace officer for less than two
consecutive years; or

(c) for four years after the date of the commencement of an
interruption in such service where the holder had, immediately prior to
such interruption, served as a peace officer for two consecutive years
or longer.

As used in this subdivision, the term "interruption" shall mean a
period of separation from employment as a peace officer by reason of
such officer's leave of absence, resignation or removal, other than
removal for cause.