Bill Text: NY A04216 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "police and peace officer licensing act".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A04216 Detail]
Download: New_York-2023-A04216-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4216 2023-2024 Regular Sessions IN ASSEMBLY February 13, 2023 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law and the criminal procedure law, in relation to enacting the "police and peace officer licensing act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "police and peace officer licensing act". 3 § 2. Section 840 of the executive law is amended by adding two new 4 subdivisions 8 and 9 to read as follows: 5 8. The council shall, in addition: 6 (a) Establish and implement a mandatory licensing program for all 7 current and new police officers and peace officers in the state. 8 (b) All current and new police officers and peace officers in the 9 state shall be licensed pursuant to this subdivision by January first, 10 two thousand twenty-five. 11 (c) Every license issued pursuant to this subdivision shall remain in 12 effect, unless revoked or suspended, for a period of five years and 13 shall be renewed, in a manner established by the council, in order to 14 continue employment as a police officer or peace officer in the state. 15 (d) Promulgate rules and regulations with respect to the establishment 16 and implementation on an ongoing basis of a continuing education program 17 for all current and new police officers regarding the policies and 18 procedures established pursuant to this subdivision, along with proce- 19 dures and policies for periodic retraining of police officers. 20 9. The council shall, in addition: 21 (a) Develop, maintain and disseminate a continuing education program 22 for all current and new police officers and peace officers in the state. 23 (b) Such continuing education program shall include license renewal 24 requirements, pursuant to paragraph (c) of subdivision eight of this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08546-01-3A. 4216 2 1 section, including the sensitivity and de-escalation training pursuant 2 to paragraph (h-1) of subdivision one of this section. 3 (c) Promulgate rules and regulations with respect to the establishment 4 and implementation on an ongoing basis of a continuing education program 5 for all current and new police officers regarding the policies and 6 procedures established pursuant to this subdivision, along with proce- 7 dures and policies for periodic retraining of police officers. 8 § 3. The executive law is amended by adding a new section 841-e to 9 read as follows: 10 § 841-e. Independent police and peace officer licensing review board. 11 1. There is hereby created within the division an independent police and 12 peace officer licensing review board composed of seven members, who 13 shall be selected as follows: 14 (a) three shall be appointed by the governor; 15 (b) one shall be appointed by the temporary president of the senate; 16 (c) one shall be appointed by the speaker of the assembly; and 17 (d) two shall be appointed by the attorney general. 18 2. The governor shall designate from among the members of the council 19 a chairman who shall serve during the pleasure of the governor. 20 3. All members of the council shall be appointed for terms of two 21 years, such terms to commence on April first, and expire on March thir- 22 ty-first. Any member chosen to fill a vacancy created otherwise than by 23 expiration of term shall be appointed for the unexpired term of the 24 member whom he is to succeed. Vacancies caused by expiration of a term 25 or otherwise shall be filled in the same manner as original appoint- 26 ments. Any member may be reappointed for only one additional term. 27 4. The review board shall be permitted to review individual cases 28 pertaining to police and peace officers. In response, the review board 29 may do the following if the board finds that such officer has committed 30 professional misconduct: 31 (a) Issue licensing penalties for professional misconduct; 32 (b) Revoke and/or suspend licenses issued by the municipal police 33 training council; 34 (c) Issue fines; 35 (d) Require such police or peace officer to undergo therapy or treat- 36 ment; and/or 37 (e) Require such police or peace officer to fulfill additional contin- 38 uing education courses. 39 5. The review board shall promulgate, and may from time to time amend, 40 rules and regulations with respect to defining professional misconduct. 41 Such definition shall include excessive force and abuse of power and may 42 include all other acts the review board deems to qualify as professional 43 misconduct. 44 6. The review board shall have the power to issue subpoenas and hire 45 an executive director and investigators to further investigate allega- 46 tions of professional misconduct. 47 § 4. The opening paragraph of subdivision 34 of section 1.20 of the 48 criminal procedure law is amended to read as follows: 49 The following persons, who are licensed in good standing, as of Janu- 50 ary first, two thousand twenty-five, by the municipal police training 51 council pursuant to subdivision eight of section eight hundred forty of 52 the executive law, are police officers: 53 § 5. The opening paragraph of section 2.10 of the criminal procedure 54 law, as added by chapter 843 of the laws of 1980, is amended to read as 55 follows:A. 4216 3 1 Notwithstanding the provisions of any general, special or local law or 2 charter to the contrary, only the following persons, who are licensed in 3 good standing, as of January first, two thousand twenty-five, by the 4 municipal police training council pursuant to subdivision eight of 5 section eight hundred forty of the executive law, shall have the powers 6 of, and shall be peace officers: 7 § 6. Subdivision 1 of section 840 of the executive law is amended by 8 adding a new paragraph (h-1) to read as follows: 9 (h-1) Establishment and implementation on an ongoing basis, of a 10 training program for all new police officers and peace officers hired on 11 and after January first, two thousand twenty-five, regarding sensitivity 12 and de-escalation training. Such program shall include training on the 13 following areas: 14 (1) handling emergencies and complaints, including but not limited to, 15 those involving victims, witnesses or suspects with mental illness, 16 substance use disorder, trauma history or developmental or intellectual 17 disabilities, which shall include training related to common behaviors 18 and actions exhibited by such individuals, strategies law enforcement 19 officers may use for reducing or preventing the risk of harm and strate- 20 gies that involve the least intrusive means of addressing such inci- 21 dences and individuals while protecting the safety of the law enforce- 22 ment officer and other persons; and 23 (2) practices and techniques related to responding to mass gatherings 24 or protests that shall emphasize de-escalation and minimizing the neces- 25 sity for use of force; and 26 (3) cultural competency on issues regarding race, ethnicity, immi- 27 gration status, sexual orientation and gender identity to help prospec- 28 tive officers learn how to work effectively in diverse communities. 29 § 7. This act shall take effect on the ninetieth day after it shall 30 have become a law. Effective immediately, the addition, amendment and/or 31 repeal of any rule or regulation necessary for the implementation of 32 this act on its effective date are authorized to be made and completed 33 on or before such effective date.
