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S1027Senate2019-2020 SessionSame asA2152

Require Police Mental Health Checks

Official title

“Requires the municipal police training council to promulgate rules and regulations regarding psychological evaluations for certain members of a police force”

Sponsor Gustavo RiveraSD-33+2 co-sponsorsAffects Finance
Status
In Senate Committee
Finance
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Finance

What's happening

This bill requires police officers in New York City to undergo psychological evaluations for PTSD and anger management every three years.

Why it matters

  1. Aims to proactively address police mental health. By mandating regular psychological screenings for PTSD and anger management, the bill seeks to identify and support officers who may be struggling, potentially reducing incidents of misconduct or excessive force.

  2. Targets those in direct public contact. The requirement specifically applies to officers actively on patrol or supervising patrol officers, focusing resources on those most likely to encounter high-stress situations and interact with the public.

  3. May influence police accountability and trust. Regular evaluations could help reassure the public that officers are being monitored for issues that might impair their judgment or behavior, possibly improving community-police relations.

  4. Introduces a standardized, recurring process. By embedding the evaluation every three years into regulation, the bill creates a systemic, ongoing approach rather than relying on ad hoc assessments, potentially setting a precedent for other cities or states.

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Who cares

Headline styles

Require Police Mental Health Checks

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Gustavo Rivera

Senator · Senate District 33

Chair, Health

History

  1. Referred to finance
  2. Referred to finance

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.

A2152Assembly

Require Police Psych Evaluations

In Assembly Committee · Governmental Operations · Sponsor Victor M. Pichardo

Impact 6 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1027

2019-2020 Regular Sessions

IN SENATE

January 10, 2019

Introduced by Sens. RIVERA, PARKER, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to requiring the municipal police training council to promulgate regulations regarding psychological evaluations

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 2 of section 840 of the executive law, as amended by chapter 66 and such section as renumbered by chapter 603 of the laws of 1973, is amended to read as follows:

2. a. The council shall promulgate, and may from time to time amend, such rules and regulations prescribing height, weight and physical fitness requirements for eligibility of persons for provisional or permanent appointment in the competitive class of the civil service as police officers of any county, city, town, village or police district as it deems necessary and proper for the efficient performance of police duties.

b. The council, in addition to the rules and regulations set forth in paragraph a of this subdivision, shall promulgate, and may from time to time amend, such rules and regulations, requiring every police officer, appointed in the competitive class of the service, for any city with a population of one million or more, to undergo a psychological evaluation upon entry into such service, and upon every third year thereafter, to determine whether such officer has post-traumatic stress disorder or anger management issues, which may affect his or her ability to serve as a police officer, provided, however, the provisions of this subdivision shall not apply to police officers who are not assigned to precincts, who are not assigned to active duty on patrol or who supervise police personnel who are assigned to active duty on patrol.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06445-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the executive law, in relation to requiring the munici- pal police training council to promulgate regulations regarding psycho- logical evaluations

Purpose

To require that police officers who are primarily tasked with patrolling the streets on a day-to-day basis, receive periodic psychological evalu- ations.

Summary of provisions

To require that police officers who are involved on a day to day basis in patrolling and safeguarding the streets are to be assessed and are able to maintain their fitness for duty by periodic (every three years) psychological evaluations.

Justification

The job of a police officer is and may be one of the toughest occupa- tions that a person may engage in, short of active military duty. Studies have shown that many members of the military may suffer from post-traumatic stress disorder (PTSD) and not even be aware of it.

Moreover, the police department requires that officers routinely qualify with regard to their proficiency with their service weapons. A failure to qualify may in and of itself have adverse consequences to their employment. The incongruity becomes patently obvious when and if an officer is psychologically unfit, but nevertheless an expert marksmen.

A recent look back at some tragic circumstances lends credence to the need for continuous evaluation of the mental fitness of these brave men and women who have chosen to protect and serve in harrowing conditions on a daily basis.

On Thanksgiving Day 1976 P.O. Robert Torsney shot Randolph Evans a 15-year old (unarmed) Brooklyn boy in the head at point blank range after a brief conversation and drove back to the 75th Pct. where he was arrested. At his trial in October 1977 he was found not guilty by reason of insanity and remanded to a State mental hospital. On December 20,1978 a Brooklyn Supreme Court ordered Torsney's release stating "he no longer posed a. threat to society."

Since that date to the present, there have been a number of unjustified police shootings, involving unarmed citizens. Most recently the shooting death of Ramarley Graham (18) an unarmed youth who was shot and killed in his bathroom on February 2, 2012 after police broke into his building and apartment illegally and that has sparked a great deal of public controversy.

In homage to this issue, the New York Police Department (NYPD) recently modified the rules concerning the use of deadly physical force. The NYPD official patrol-guide, in the section referencing the use of firearms, inserted the words "in their professional judgment." The passage now reads: "Police officers shall not discharge their weapons when, in their professional judgment, doing so will unnecessarily endanger innocent persons."

"Professional judgment" by definition means "the ability to judge, make a decision - or form an opinion objectively, authoritatively, and wise- ly, especially in matters affecting action; good sense; discretion: "Professional judgment requires the utilization of one's faculties to making quantitative decisions and/or problem solving skills which may be impaired if there are psychological deficits.

LEGISLATIVE HISTORY:;

2013-2014: S942

2011-2012: S6853

Fiscal implications

None.

Effective date

Take effect immediately after it shall become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.