Bill Text: NY A08044 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to providing increased and uniform training requirements including implicit bias, use of force, first aid and firearm training, and outreach for law enforcement; establishes law enforcement peer support through the office of mental health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-05 - enacting clause stricken [A08044 Detail]
Download: New_York-2021-A08044-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8044 2021-2022 Regular Sessions IN ASSEMBLY June 11, 2021 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to providing increased and uniform training requirements and outreach for law enforcement; and to amend the mental hygiene law, in relation to administering law enforcement peer support The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 2 of paragraph (d) of subdivision 4 of section 2 840 of the executive law, as added by section 1 of part ZZ of chapter 55 3 of the laws of 2019, is amended and a new subparagraph 5 is added to 4 read as follows: 5 (2) The model law enforcement use of force policy shall include, but 6 is not limited to: 7 (i) information on current law as it relates to the use of force by 8 police and peace officers; 9 (ii) guidelines regarding when use of force is permitted and requiring 10 such force to be reasonable; 11 (iii) requirements for reporting and documenting use of force; 12 (iv) procedures for reporting to a supervisor and investigating use of 13 force incidents; 14 (v) guidelines regarding excessive use of force including duty to 15 intervene when appropriate and safe, reporting, and timely medical 16 treatment for injured persons, including immediate medical aid to 17 gunshot victims, including victims injured during an officer-involved 18 shooting; 19 (vi) standards for failure to adhere to use of force guidelines; 20 (vii) training mandates on use of force, conflict prevention, conflict 21 resolution and negotiation, de-escalation techniques and strategies, 22 including, but not limited to, interacting with persons presenting in an 23 agitated condition; [and] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08828-01-1A. 8044 2 1 (viii) prohibited uses of force[.]; 2 (ix) training mandates on first-aid procedures including the use of 3 tourniquets and QuikClot in addition to annual CPR and AED training; 4 (x) requirements for de-escalation by officers without compromising 5 safety; and 6 (xi) guidelines for holding officers accountable to use sound tactics, 7 including, but not limited to, time, distance and cover, to reduce the 8 need to use force. 9 (5) Establish in conjunction with the division of state police and 10 regularly update a data collection and reporting system for the purpose 11 of tracking all officer-involved deadly force encounters. Such deadly 12 force encounters and uses of force resulting in serious bodily injury 13 shall also be reported to the bureau of criminal apprehension for inclu- 14 sion in the FBI's national use-of-force database. 15 § 2. Paragraph (a) of subdivision 5 of section 840 of the executive 16 law, as added by section 4 of part JJ of chapter 57 of the laws of 2018, 17 is amended to read as follows: 18 (a) Develop, maintain and disseminate, in consultation with the 19 commissioner of the office for people with developmental disabilities 20 and in consultation with individuals with developmental, physical or 21 intellectual disabilities, written policies and procedures consistent 22 with section 13.43 of the mental hygiene law, regarding the handling of 23 emergency situations involving individuals with autism spectrum disorder 24 and other developmental, physical or intellectual disabilities. Such 25 policies and procedures shall make provisions for the education and 26 training of new and veteran police officers on the handling of emergency 27 situations involving individuals with autism spectrum disorder and other 28 developmental, physical or intellectual disabilities; and 29 § 3. Section 840 of the executive law is amended by adding a new 30 subdivision 7 to read as follows: 31 7. The council, in conjunction with the office of public safety, shall 32 ensure compliance with mandatory training requirements pursuant to 33 section eight hundred thirty-nine-a of this article by all training 34 academies, police departments in this state and all agencies that employ 35 police or peace officers. 36 § 4. The executive law is amended by adding a new section 839-a to 37 read as follows: 38 § 839-a. Mandatory trainings. 1. The office of public safety shall 39 develop, regularly update and maintain trainings to be administered by 40 law enforcement and training academies to all prospective and current 41 police officers and peace officers, as defined under section eight 42 hundred thirty-five of this article; provided, however, any individual 43 specifically excluded from the definition of police officer under subdi- 44 vision seven of section eight hundred thirty-five of this article shall 45 be included for the purposes of this section. 46 2. Trainings regarding contemporary law enforcement topics shall be 47 developed, with expert and community input, including, but not limited 48 to youth individuals of color. Such training topics shall include, but 49 not be limited to: 50 (a) implicit bias, including implicit racial bias testing which shall 51 include testing for bias in shoot/don't shoot decision-making and a 52 clear policy for considering an officer's level of racial bias in law 53 enforcement certification and the hiring process; if it is determined 54 that a prospective police officer or peace officer's bias is such that 55 he or she cannot be deployed in a community of color, he or she shall 56 not be hired;A. 8044 3 1 (b) de-escalation, minimization of the use of force and defensive 2 tactics; 3 (c) procedural justice; 4 (d) historical community trauma; 5 (e) relationship-based policing; 6 (f) community interaction and diversity; 7 (g) crisis intervention, mental health crises, mediation, conflict 8 management and conflict resolution; 9 (h) appropriate engagement with youth; 10 (i) appropriate engagement with lesbian, gay, bisexual, transgender, 11 questioning and gender nonconforming individuals; 12 (j) appropriate engagement with individuals with limited English 13 proficiency; 14 (k) appropriate engagement with individuals with various religious 15 affiliations; and 16 (l) appropriate engagement with individuals with developmental, phys- 17 ical or intellectual disabilities. 18 3. Trainings regarding the proper use of firearms and defensive 19 tactics used to de-escalate and properly detain suspects shall be devel- 20 oped and administered on a monthly basis. 21 4. Implementation of the requirements of this section shall include 22 scenario-based trainings. Such trainings shall require all participating 23 individuals to engage in simulated real life situations to ensure when 24 such individual is faced with such situation in the field, his or her 25 response is in accordance with the requirements and guidelines set forth 26 in this section. Such scenario-based trainings shall be administered at 27 a minimum, quarterly. 28 § 5. Section 837 of the executive law is amended by adding two new 29 subdivisions 23 and 24 to read as follows: 30 23. Work in conjunction with the division of state police and the 31 office of mental health to establish law enforcement peer support 32 services pursuant to section 7.49 of the mental hygiene law. The divi- 33 sion shall provide all police officers and peace officers unfettered 34 access to mental health checks. 35 24. Require every law enforcement agency to determine the amount of 36 additional funding necessary to provide for and enforce the provisions 37 of subdivision twenty-three of this section and sections eight hundred 38 thirty-nine-a and eight hundred forty of this article. Such information 39 shall be provided to the division no later than one hundred twenty days 40 after the effective date of this subdivision. No later than ninety days 41 after such data is compiled, the division shall provide the governor and 42 the legislature with a comprehensive report on the amount of additional 43 funding needed to ensure such provisions of law are adequately instilled 44 and enforced by each law enforcement agency located within the state. 45 § 6. Section 210 of the executive law, as amended by chapter 169 of 46 the laws of 1994, is amended to read as follows: 47 § 210. Division of state police. 1. The division of state police in 48 the executive department shall be known as the "New York State Police." 49 The head of the New York state police shall be the superintendent of 50 state police who shall be appointed by the governor by and with the 51 advice and consent of the senate, and hold office during his or her 52 pleasure. The superintendent shall be a member of the state police, 53 shall receive as salary such sum as may be appropriated by law, and 54 shall accrue such leave credits and be eligible for the same retirement 55 benefits, service credits and other benefits as any other member of the 56 state police. If, prior to appointment, the superintendent served as aA. 8044 4 1 member of the state police, he or she, upon appointment, shall be enti- 2 tled to continue to accrue and receive such credits and benefits as he 3 or she would have been entitled to accrue and receive prior to appoint- 4 ment. 5 2. If, prior to his or her appointment, the superintendent shall have 6 served as a member of the State Police for a period of ten years or 7 more, he or she shall, provided he or she is not eligible for retire- 8 ment, upon termination of service as superintendent, be reappointed, 9 without examination, as a member of the state police in the grade held 10 by him or her prior to appointment as superintendent, notwithstanding 11 the absence of any vacancy in such grade. For the purpose of determin- 12 ing the annual salary to be paid upon such reappointment, the period of 13 service as superintendent shall be counted as service in the grade to 14 which reappointed. 15 3. The division shall ensure compliance with mandatory training 16 requirements pursuant to sections two hundred ten-a, two hundred four- 17 teen-e, and two hundred fourteen-f of this article by all training 18 schools or academies, including those established pursuant to section 19 two hundred fourteen of this article, and by all current members of the 20 state police. 21 4. Work in conjunction with the division of criminal justice services 22 and the office of mental health to establish law enforcement peer 23 support services pursuant to section 7.49 of the mental hygiene law. The 24 division shall provide all members unfettered access to mental health 25 checks. 26 5. The superintendent shall determine the amount of additional funding 27 necessary to provide for and enforce the provisions of subdivision four 28 of this section and sections two hundred ten-a, two hundred fourteen-e, 29 and two hundred fourteen-f of this article. Such information shall be 30 compiled no later than one hundred twenty days after the effective date 31 of this subdivision. No later than ninety days after such data is 32 compiled, the division shall provide the governor and the legislature 33 with a comprehensive report on the amount of additional funding needed 34 to ensure such provisions of law are adequately instilled and enforced 35 by the division. 36 § 7. The executive law is amended by adding a new section 210-a to 37 read as follows: 38 § 210-a. Mandatory trainings. 1. The division shall develop, regularly 39 update and maintain trainings to be administered by law enforcement and 40 training academies, in consultation with the office of public safety, to 41 all prospective and current members of the division. 42 2. Trainings regarding contemporary law enforcement topics shall be 43 developed, with expert and community input, including, but not limited 44 to youth individuals of color. Such training topics shall include, but 45 not be limited to: 46 (a) implicit bias, including implicit racial bias testing which shall 47 include testing for bias in shoot/don't shoot decision-making and a 48 clear policy for considering a member's level of racial bias in law 49 enforcement certification and the hiring process; if it is determined 50 that a prospective police officer or peace officer's bias is such that 51 he or she cannot be deployed in a community of color, he or she shall 52 not be hired; 53 (b) de-escalation, minimization of the use of force and defensive 54 tactics; 55 (c) procedural justice; 56 (d) historical community trauma;A. 8044 5 1 (e) relationship-based policing; 2 (f) community interaction and diversity; 3 (g) crisis intervention, mental health crises, mediation, conflict 4 management and conflict resolution; 5 (h) appropriate engagement with youth; 6 (i) appropriate engagement with lesbian, gay, bisexual, transgender, 7 questioning and gender nonconforming individuals; 8 (j) appropriate engagement with individuals with limited English 9 proficiency; 10 (k) appropriate engagement with individuals with various religious 11 affiliations; and 12 (l) appropriate engagement with individuals with developmental, phys- 13 ical or intellectual disabilities. 14 3. Trainings regarding the proper use of firearms and defensive 15 tactics used to de-escalate and properly detain suspects shall be devel- 16 oped and administered on a monthly basis. 17 4. Implementation of the requirements of this section shall include 18 scenario-based trainings. Such trainings shall require all participating 19 individuals to engage in simulated real life situations to ensure when 20 such individual is faced with such situation in the field, his or her 21 response is in accordance with the requirements and guidelines set forth 22 in this section. Such scenario-based trainings shall be administered at 23 a minimum, quarterly. 24 § 8. The executive law is amended by adding a new section 210-b to 25 read as follows: 26 § 210-b. Use of force division policies. 1. The division shall estab- 27 lish a mandatory use of force policy, which shall include, but not be 28 limited to: 29 (a) information on current law as it relates to the use of force by 30 members; 31 (b) guidelines regarding when use of force is permitted and requiring 32 such force to be reasonable; 33 (c) requirements for reporting and documenting use of force; 34 (d) procedures for reporting to a supervisor and investigating use of 35 force incidents; 36 (e) guidelines regarding excessive use of force including duty to 37 intervene when appropriate and safe, reporting, and timely medical 38 treatment for injured persons, including immediate medical aid to 39 gunshot victims, including victims injured during an officer-involved 40 shooting; 41 (f) standards for failure to adhere to use of force guidelines; 42 (g) training mandates on use of force, conflict prevention, conflict 43 resolution and negotiation, de-escalation techniques and strategies, 44 including, but not limited to, interacting with persons presenting in an 45 agitated condition; 46 (h) prohibited uses of force; 47 (i) training mandates on first-aid procedures including the use of 48 tourniquets and QuikClot in addition to annual CPR and AED training 49 pursuant to section two hundred fourteen-e of this article; 50 (j) requirements for de-escalation by members without compromising 51 safety; and 52 (k) guidelines for holding members accountable to use sound tactics, 53 including, but not limited to, time, distance and cover, to reduce the 54 need to use force. 55 2. The division shall establish in conjunction with the division of 56 criminal justice services and regularly update a data collection andA. 8044 6 1 reporting system for the purpose of tracking all officer-involved deadly 2 force encounters. Such deadly force encounters and uses of force result- 3 ing in serious bodily injury shall also be reported to the bureau of 4 criminal apprehension for inclusion in the FBI's national use-of-force 5 database. 6 § 9. Section 214-e of the executive law, as added by chapter 271 of 7 the laws of 2017, is amended to read as follows: 8 § 214-e. Cardiopulmonary resuscitation and AED training and retrain- 9 ing. 1. For the purposes of this section, "cardiopulmonary resusci- 10 tation" shall have the same meaning as provided in subdivision six of 11 section six hundred twenty-one of the general business law and "AED" 12 shall mean automated external defibrillator. 13 2. Each member of the division of state police shall be: 14 (a) trained in cardiopulmonary resuscitation and the use of an AED 15 during the training process to become a trooper; 16 (b) retrained in cardiopulmonary resuscitation and the use of an AED 17 every [two years] year; and 18 (c) required to demonstrate the satisfactory completion of training in 19 cardiopulmonary resuscitation and the use of an AED. 20 § 10. Subdivision 1 of section 214-f of the executive law, as added by 21 section 5 of part JJ of chapter 57 of the laws of 2018, is amended to 22 read as follows: 23 1. Develop, maintain and disseminate, in consultation with the commis- 24 sioner of the office for people with developmental disabilities and in 25 consultation with individuals with developmental, physical or intellec- 26 tual disabilities, written policies and procedures consistent with 27 section 13.43 of the mental hygiene law, regarding the handling of emer- 28 gency situations involving individuals with autism spectrum disorder and 29 other developmental, physical or intellectual disabilities. Such poli- 30 cies and procedures shall make provisions for the education and training 31 of new and veteran police officers on the handling of emergency situ- 32 ations involving individuals with developmental, physical or intellectu- 33 al disabilities; and 34 § 11. The mental hygiene law is amended by adding a new section 7.49 35 to read as follows: 36 § 7.49 Law enforcement peer support. 37 (a) The commissioner, in conjunction with the commissioner of the 38 division of criminal justice services and the superintendent of the 39 division of state police, shall develop and establish regional or county 40 based peer support services programs for all police officers in the 41 state. Services provided by the recognized or certified peer support 42 services program shall include, but not be limited to, peer counseling 43 techniques for mental illness including post-traumatic stress disorder, 44 critical incident stress management, alcohol and substance abuse coun- 45 seling, family support services, domestic violence, mental health, child 46 care, physical health and wellness, and legal issues. 47 (b) The commissioner shall foster programs for the training and devel- 48 opment of persons capable of providing the services set forth in this 49 section, including, but not limited to, a process of issuing, either 50 directly or through contract, credentials for recognized or certified 51 peer counselors in accordance with the following: 52 (1) The office shall establish minimum qualifications for recognized 53 or certified peer counselors in all phases of delivery of services to 54 officers who are evaluated and certified or recognized by the department 55 on factors including, but not limited to, completion of approved courses 56 of study or equivalent on-the-job experience in mental health counselingA. 8044 7 1 and/or alcoholism and substance abuse counseling or other credentials 2 established or recognized by the department and/or the division of crim- 3 inal justice services and the division of state police; and 4 (2) The office shall establish procedures for issuing, directly or 5 through contract, credentials to certified peer counselors who meet 6 minimum qualifications, and shall further establish procedures to 7 suspend, revoke, or annul such credentials for good cause. 8 § 12. This act shall take effect immediately.
