Relates to training for police officers before allowing them to carry or use a weapon

Title of bill

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

Purpose

To amend the General Municipal Law to require annual firearms and other weapons training for police officers who carry or use firearms or other weapons 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 deadly physical forceand firearms and other weapons.

Section two of the bill would make it effective on the first of January next succeeding.

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 or any type of weapons after they complete the firearms training in the Basic Training Course for Police Officers (BCPO).

Legislative history

This is a new bill.

Statement in support

A police officer may legally carry a firearm, baton and aerosol subject restraint device (pepper spray) 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 enforcement role while armed with a firearm, baton and aerosol subject restraint 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 or any type of weapon 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 for use of force, firearms or other weapons. 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 weapons they are required to use.

Unlike police officers, armed peace officers (Criminal Procedure Law § 2.30) 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 and other weapons. 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 force, firearms and other weapons training (Standards 32.1, 32.3, 32.4); annual use of force and firearms training (Standard 33.1); and periodic other weapons training (Standard 32.4). Thus, the annual training required by this bill would comply with the aforementioned accreditation programs.

Budget implications

None to the State.

Effective date

First of January next succeeding the date on which it shall have become a law.