S T A T E O F N E W Y O R K
________________________________________________________________________
5371--A
2011-2012 Regular Sessions
I N S E N A T E
May 13, 2011
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the penal law and the railroad law, in relation to
authorizing voluntary programs for conductors and motormen to carry
tasers or electronic stun guns during the performance of his or her
duties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision a of section 265.20 of the penal law is amended
2 by adding a new paragraph 17 to read as follows:
3 17. (A) POSSESSION OR USE OF A TASER OR ELECTRONIC STUN GUN BY CONDUC-
4 TORS OR MOTORMEN, AS SUCH TERMS ARE USED IN THE RAILROAD LAW, WHILE
5 PERFORMING RAILROAD DUTIES.
6 (B) FOR THE PURPOSES OF THIS PARAGRAPH THE TERMS "TASER" AND "ELEC-
7 TRONIC STUN GUN" SHALL MEAN ANY DEVICE DESIGNED PRIMARILY AS A WEAPON,
8 THE PURPOSE OF WHICH IS TO STUN, CAUSE MENTAL DISORIENTATION, KNOCK OUT
9 OR PARALYZE A PERSON BY PASSING A HIGH VOLTAGE ELECTRICAL SHOCK TO SUCH
10 PERSON.
11 S 2. The railroad law is amended by adding a new section 65-a to read
12 as follows:
13 S 65-A. USE OF TASERS BY CONDUCTORS AND MOTORMEN. 1. EVERY CONDUCTOR
14 OR MOTORMAN WHO PARTICIPATES IN A PROGRAM TO BE ELIGIBLE TO CARRY A
15 TASER OR STUN GUN IN THE STATE OF NEW YORK MUST SUCCESSFULLY COMPLETE A
16 TRAINING PROGRAM IN THE USE OF DEADLY PHYSICAL FORCE AND TASERS OR ELEC-
17 TRONIC STUN GUNS, WHICH SHALL BE PRESCRIBED BY THE SUPERINTENDENT OF
18 STATE POLICE.
19 2. NO EMPLOYER WHO HAS VOLUNTARILY INCORPORATED INTO ITS ORGANIZATION
20 A PROGRAM TO AUTHORIZE CONDUCTORS AND MOTORMEN TO CARRY TASERS OR STUN
21 GUNS SHALL ALLOW ANY CONDUCTOR OR MOTORMAN IT EMPLOYS TO CARRY OR USE A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11590-04-1
S. 5371--A 2
1 TASER OR ELECTRONIC STUN GUN DURING ANY PHASE OF SUCH CONDUCTOR OR
2 MOTORMAN'S OFFICIAL DUTIES, WHICH CONSTITUTES ON-DUTY EMPLOYMENT, UNLESS
3 SUCH CONDUCTOR OR MOTORMAN HAS SATISFACTORILY COMPLETED A COURSE OF
4 TRAINING APPROVED BY THE SUPERINTENDENT OF STATE POLICE IN THE USE OF
5 DEADLY PHYSICAL FORCE AND TASERS OR ELECTRONIC STUN GUNS, AND ANNUALLY
6 RECEIVES INSTRUCTION IN DEADLY PHYSICAL FORCE AND THE USE OF TASERS OR
7 ELECTRONIC STUN GUNS AS APPROVED BY THE SUPERINTENDENT OF STATE POLICE.
8 SUCH TRAINING SHALL RELATE TO THE SPECIAL NATURE OF THE DUTIES OF THE
9 CONDUCTORS AND MOTORMEN.
10 3. UPON THE FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THIS
11 SECTION, THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL APPLY TO
12 THE SUPREME COURT FOR AN ORDER DIRECTED TO THE EMPLOYER RESPONSIBLE
13 REQUIRING COMPLIANCE. UPON SUCH APPLICATION, THE COURT MAY ISSUE SUCH
14 ORDER AS MAY BE JUST, AND A FAILURE TO COMPLY WITH THE ORDER OF THE
15 COURT SHALL BE A CONTEMPT OF COURT AND PUNISHABLE AS SUCH.
16 4. EVERY EMPLOYER OF CONDUCTORS OR MOTORMEN SHALL REPORT TO THE SUPER-
17 INTENDENT OF STATE POLICE, IN SUCH FORM AND AT SUCH TIME AS THE SUPER-
18 INTENDENT MAY BY REGULATION REQUIRE, THE NAMES OF ALL CONDUCTORS AND
19 MOTORMEN WHO HAVE SATISFACTORILY COMPLETED ANY OF THE TRAINING REQUIRE-
20 MENTS PRESCRIBED BY THIS SECTION.
21 5. A CERTIFICATE ATTESTING TO SATISFACTORY COMPLETION OF THE TRAINING
22 REQUIREMENTS IMPOSED UNDER THIS SECTION AWARDED TO ANY CONDUCTOR OR
23 MOTORMAN PURSUANT TO THIS SECTION SHALL REMAIN VALID:
24 (A) DURING THE HOLDER'S CONTINUOUS SERVICE AS A CONDUCTOR OR MOTORMAN;
25 AND
26 (B) FOR TWO YEARS AFTER THE DATE OF THE COMMENCEMENT OF AN INTER-
27 RUPTION IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO SUCH
28 INTERRUPTION, SERVED AS A CONDUCTOR OR MOTORMAN FOR LESS THAN TWO
29 CONSECUTIVE YEARS; OR
30 (C) FOR FOUR YEARS AFTER THE DATE OF THE COMMENCEMENT OF AN INTER-
31 RUPTION IN SUCH SERVICE WHERE THE HOLDER HAD, IMMEDIATELY PRIOR TO SUCH
32 INTERRUPTION, SERVED AS A CONDUCTOR OR MOTORMAN FOR TWO CONSECUTIVE
33 YEARS OR LONGER.
34 6. FOR THE PURPOSES OF THIS SECTION:
35 (A) THE TERM "INTERRUPTION" SHALL MEAN A PERIOD OF SEPARATION FROM
36 EMPLOYMENT AS A CONDUCTOR OR MOTORMAN BY REASON OF SUCH CONDUCTOR'S OR
37 MOTORMAN'S LEAVE OF ABSENCE, RESIGNATION OR REMOVAL, OTHER THAN REMOVAL
38 FOR CAUSE; AND
39 (B) THE TERMS "TASER" AND "ELECTRONIC STUN GUN" SHALL MEAN ANY DEVICE
40 DESIGNED PRIMARILY AS A WEAPON, THE PURPOSE OF WHICH IS TO STUN, CAUSE
41 MENTAL DISORIENTATION, KNOCK OUT OR PARALYZE A PERSON BY PASSING A HIGH
42 VOLTAGE ELECTRICAL SHOCK TO SUCH PERSON.
43 S 3. This act shall take effect on the one hundred twentieth day after
44 it shall have become a law. Effective immediately, the addition, amend-
45 ment and/or repeal of any rule or regulation necessary for the implemen-
46 tation of this act on its effective date is authorized to be made on or
47 before such date.