Provides that officers may arrest a person for violating an order of protection and provides for mandatory police training regarding the handling of domestic violence

Summary of provisions

Section one amends subdivision 4 of section 140.10 of the criminal procedure law. This amendment provides that a police officer may arrest a person where such officer has reasonable cause to believe that a felony, other than subdivision three, four, nine or ten of section 155.30 of the penal law, has been committed by such person against a member of the same family or household, when certain orders of protection have been violated or when a misdemeanor constitut- ing a family offense has been committed by such person against such family or household member, unless the victim requests otherwise. This amendment deletes language that provided that a police officer shall arrest a person, and shall not attempt to reconcile the parties or medi- ate, where such officer has reasonable cause to believe that a felony, other than subdivision three, four, nine or ten of section 155.30 of the penal law, has been committed by such person against a member of the same family or household, when certain orders of protection have been violated or when a misdemeanor constituting a family offense has been committed by such person against such family or household member, unless the victim requests otherwise.

Section two amends section 575 of the executive law by adding a new subdivision 3-a. The new subdivision 3-a provides that by January 1, 2010 the OPDV shall develop a comprehensive, standardized training course for law enforcement officers in the state. The course shall focus on the recognition, assessment and handling of domestic violence, police intervention in domestic violence matters and the actions necessary to protect the victims of domestic violence. The course shall also provide instruction in applicable provisions of law.

On or before July 1, 2010, and every four years thereafter, every law enforcement officer in the state shall complete course work or training appropriate to the officer's professional activities as approved by the OPDV, The OPDV shall provide an exemption from this requirement to any law enforcement officer who requests such an exemption and who (1)

clearly demonstrates to the OPDV's satisfaction that there would be no need for him or her to complete such course work or training because of the nature of his or her professional activities or (2) has completed course work or training deemed by the OPDV to be equivalent to the training required pursuant to this subdivision.

Section three amends section 214-b of the executive law. The amendment provides that the superintendent of the state police shall institute a mandatory training program for all members of the state police in the assessment, handling and investigation of, and intervention in, domestic violence matters.

Section four amends the county law by adding a new section 238. The new section 238 provides that by January 1, 2010 the governing body of each county in the state shall authorize and direct the chief law enforcement officer of the county to establish and maintain a training program for all law enforcement officers in the county in the assessment and handl- ing of domestic violence matters. The chief law enforcement officer of the county shall implement such reporting program by July 1, 2010. Any county which has already implemented a domestic violence-training program may continue to utilize such program, provided the program remains capable of satisfying the requirements provided in subdivision 3-a of section 575 of the executive law, as proposed by this legis- lation.

Justification

Under current law, police officers are obligated to arrest a person for an alleged violation of certain orders of protection related to a member of the same family or household or for the commis- sion of certain offenses against these persons. This conflicts with the traditional ability of police officers to exercise reasonable discretion in connection with their law enforcement duties in general. In the case of domestic disputes, police officers had discretionary authority to make arrests until the law was changed in 1994. This amendment rein- states that discretionary authority.

This section currently requires police officers to arrest a person even if they believe that the allegations against that person lack credibili- ty, based on their assessment of the situation at that time and place. This creates a likelihood of unfair arrests and thus an unnecessary deprivation of liberty. In addition, in some cases, the ability to generate an automatic arrest is being used by parties as leverage to obtain a concession from the person being arrested. Accordingly, this law should be changed to reinstate the discretionary authority to make arrests that police officers traditionally had in exercising their law enforcement duties.

This legislation also generally requires the OPDV, the superintendent of the state police and the governing body of each county in the state to establish and maintain a mandatory training program for law enforcement officers in the assessment, handling and actions necessary to protect victims of domestic violence. On or before July 1, 2009, and every four years thereafter, every law enforcement officer in the state must

complete course work or training appropriate to the officer's profes- sional activities as approved by the OPDV. This training is intended to assist law enforcement officers in connection with the reinstatement of discretionary authority to make arrests under this legislation.

Prior legislative history

2009: A3297 (Bradley) - Codes 2008: A10744A (Bradley) - Codes

Fiscal impact on the state

None.

Effective date

This act will take effect immediately; provided, howev- er, the amendments to subdivision 4 of section 140.10 of the criminal procedure law made by section one of this act will not affect the repeal of such subdivision and will be deemed repealed therewith.