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Sponsors
1 Co-sponsor
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires police officers who have discharged their weapon in the course of their employment to be tested for the presence of drugs and/or alcohol
In Assembly Committee · Labor · Sponsor Keith L.T. Wright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to drug and alcohol testing of police officers
Purpose or general idea of bill
Requires drug and alcohol testing of police officers under certain circumstances after the discharge of their weapons during the course of their duties.
Summary of specific provisions
Section 1. Amends the labor law by adding a new article 20-D. Requires drug and alcohol testing of New York City police officers upon the discharge of their weapons. Describes the circumstances under which such drug and alcohol testing shall occur: if the discharge results in serious physical injury or death of another; if the initial investigation produces any creditable evidence that suggests that such discharge was carried out unlawfully or improperly; or while in the course of his or her employment as a police officer, discharges a firearm and has had a prior determination of misconduct involving use of excessive force or abuse of police powers; or reasonable suspicion exists to believe that such police officer, while during the course of his or her employment, has unlawfully ingested drugs or consumed alcohol.
Read the full memo (621 words)
Provides for testing procedures, establishes confidentiality, and protects the collective bargaining process. Applies to only police officers employed in a city with a population of one million or more. Establishes a severability clause.
Section 2. Effective Date
Existing law
None
Justification
In 2006 Sean Bell was gunned down outside of a Queens nightclub by undercover New York City Police Department Officers who fired 50 bullets into his vehicle. Two of his companions were wounded. Following Mr. Bell's tragic and unnecessary death on what should have been his wedding day, the NYPD instituted a written policy to require alcohol testing "when a uniformed member of the (NYPD), on or off duty, is involved in a firearms discharge within New York City which results in injury to or death of a person." (Source: Legal & Liability Risk Management Institute; Copyright 2013; Lou Reiter, Co-Director PATC; www.llrmi.com)
This written policy was upheld by the Second Circuit Court of Appeals in November, 2013. "The court ruling notes that "15-20" officers have taken the Breathalyzer test since it was put in place in 2007, and no one has flunked it to date." (Source: Dareh Gregorian; New York Daily News; November 18,2013)
While the NYPD has written provisions in place, an issue as serious as this deserves the force of law. The public has right to know and to be protected when a member of the NYPD discharges his or weapon and death or serious injury results. This legislation establishes in state statute provisions that will: protect the public; provide critical information; and, ensure the safety of everyone involved when a police officer discharges his or her weapon.
Prior legislative history
2014: S.7641 - Referred to Labor/A.5240-Referred to Labor 2013: S.1282-Referred to Labor/A.5240-Referred to Labor 2012: S.3615- Referred to Labor/A.5004- Referred to Labor 2011: S.3615-Referred to Labor/A.5004- Referred to Labor 2010: S.2592- Referred to Labor/A.1477- Referred to Labor 2009: S.2592- Referred to Labor/A.1477- Referred to Labor 2008: S.7352-Referred to Labor/A.786-Passed Assembly 2007: No Senate Bill/A.786-Passed Assembly 2006: A.767-Referred to Labor 2005: A.767- Referred to Labor 2004: A.1770-Referred to Labor 2003. A.1770-Referred to Labor 2002: S.5637-Committee Discharged and Referred to Labor/A.1750A, Reported, Referred to Codes 2001: S.5637-Referred to Rules/A1750-Referred to Labor 2000: A.5609C- Passed Assembly 1999: A.5609C- Reported, Referred to Rules
Fiscal implication
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law, provided, however, effective immediately the division of criminal justice services shall be authorized to adopt any such rules and regulations deemed necessary to effect the provisions of this act.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.