STATE OF NEW YORK ________________________________________________________________________ 10614 IN ASSEMBLY May 9, 2018 ___________ Introduced by M. of A. WEPRIN -- (at request of the Division of Criminal Justice Services) -- read once and referred to the Committee on Codes AN ACT to amend the executive law and the general municipal law, in relation to training for police officers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 9 of section 846-h of the 2 executive law, as amended by chapter 625 of the laws of 2005, is amended 3 to read as follows: 4 (a) The term "law enforcement agency" shall mean any agency or depart- 5 ment of any municipality, any police district, or any agency, depart- 6 ment, commission, authority or public benefit corporation of the state 7 of New York employing a police officer or police officers as that term 8 is defined in [~~paragraphs (a), (b), (c), (d), (e), (f), (j), (k), (l),~~ 9 ~~(o), (p), and (s) of~~] subdivision thirty-four of section 1.20 of the 10 criminal procedure law. 11 § 2. Subdivision b of section 837-c of the executive law, as added by 12 chapter 482 of the laws of 1977, is amended to read as follows: 13 b. The police department [~~may~~] shall forward and the division shall 14 receive, process and, subject to subdivision e of this section, retain 15 fingerprints and such descriptive data as the division may require of 16 persons applying for employment as a police officer with such depart- 17 ment. In addition, the police department may forward and the division 18 shall receive, process and, subject to subdivision e of this section, 19 retain fingerprints and such descriptive data as the division may 20 require of all other persons applying for employment with such depart- 21 ment. 22 § 3. Paragraphs (b) and (c) of subdivision 1 of section 209-q of the 23 general municipal law, are relettered paragraphs (c) and (d) and a new 24 paragraph (b) is added to read as follows: 25 (b) No employer shall allow any police officer it employs to carry or 26 use a weapon during any phase of the officer's official duties, which 27 constitutes on-duty employment, unless the officer has satisfactorily 28 completed a course of training approved by the municipal police training EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14473-01-8

A. 10614 2 1 council, or a course of training approved by the employer which exceeds 2 the requirements of a course of training approved by the municipal 3 police training council, on the use of deadly physical force and 4 firearms and other weapons, and annually receives instruction on the use 5 of deadly physical force and firearms and other weapons as approved by 6 the municipal police training council. Newly hired police officers must 7 complete an approved course of training pursuant to this paragraph with- 8 in one year of completion of the training set forth in paragraph (a) of 9 this section and by the thirty-first day of December each year thereaft- 10 er. Currently employed police officers must complete an approved course 11 of training pursuant to this paragraph by the thirty-first day of Decem- 12 ber each year. 13 § 4. This act shall take effect on the first of January next succeed- 14 ing the date on which it shall have become a law.

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