New York Senate Bill S04034 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4034 2023-2024 Regular Sessions  IN SENATE February 2, 2023 ___________ Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the executive law, in relation to establishing the police training council; and to repeal certain provisions of the exec- utive law related thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Sections 839, 840, and 841 of the executive law are 2 REPEALED and three new sections 839, 840, and 841 are added to read as 3 follows: 4 § 839. Police training council. 1. There is hereby created within the 5 office of public safety within the division, a police training council, 6 to be administered by the deputy commissioner for criminal justice 7 services, and composed of nine members who are law enforcement profes- 8 sionals representing academic, legal, supervisory, law enforcement labor 9 organizations as well as community organizations in order to elicit a 10 wide cross section of views in determining an appropriate annual train- 11 ing curriculum for all law enforcement agencies established with police 12 officer or peace officer status throughout the state. Such members shall 13 be selected as follows: 14 (a) three members appointed by the governor; 15 (b) two members appointed by the temporary president of the senate; 16 (c) two members appointed by the speaker of the assembly; 17 (d) one member appointed by the minority leader of the senate; and 18 (e) one member appointed by the minority leader of the assembly. 19 2. The governor shall designate from among the members of the council 20 a chairperson who shall serve at the pleasure of the governor and who 21 shall be compensated for such position. 22 3. All members of the council shall be appointed for terms of two 23 years, such terms to commence on April first, and expire on March thir- 24 ty-first. Any member chosen to fill a vacancy created otherwise than by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07933-01-3 
 S. 4034 2 1 expiration of term shall be appointed for the unexpired term of the 2 member whom he or she is to succeed. Vacancies caused by expiration of a 3 term or otherwise shall be filled in the same manner as original 4 appointments. Any member may be reappointed for additional terms. 5 4. The council shall continuously meet, as needed, to perform its 6 established duties to set uniform training standards in policing 7 throughout the state. The council's annual training curriculum shall be 8 published in January of each calendar year so that ample time and 9 resources will afford each agency the ability to complete the mandatory 10 training curriculum. Upon certification to the deputy commissioner of 11 criminal justice services by the agency that all of its law enforcement 12 employees have been trained in the published curriculum, the commission- 13 er shall authorize the division of budget to release any grants or 14 appropriations allotted to the law enforcement agency for the next budg- 15 et year. 16 5. Membership on the council shall not constitute the holding of an 17 office, and members of the council shall not be required to take and 18 file oaths of office before serving on the council. The council shall 19 not have the right to exercise any portion of the sovereign power of the 20 state. 21 6. With the exception of the chairperson as designated pursuant to 22 subdivision two of this section, the members of the council shall 23 receive no compensation for their services but shall be allowed their 24 actual and necessary expenses incurred in the performance of their func- 25 tions hereunder. 26 7. No member of the council shall be disqualified from holding any 27 public office or employment, nor shall he forfeit any such office or 28 employment, by reason of his appointment hereunder, notwithstanding the 29 provisions of any general, special or local law, ordinance or city char- 30 ter. 31 § 840. Functions, powers and duties of council. The council shall 32 recommend to the commissioner rules and regulations with respect to 33 establishing a statewide mandatory training curriculum for all law 34 enforcement agencies established with police officer or peace officer 35 status throughout the state. Such training curriculum shall include but 36 not be limited to updates in legislative changes related to laws, rules 37 and regulations involving the law enforcement profession as well as 38 police interaction with civilians, use of force, powers and procedures 39 for arrest, civil rights, policing tactics and any issue or subject 40 deemed relevant by the council that will enhance police professional 41 standards. 42 § 841. Functions, powers and duties of the commissioner with respect 43 to the council. In addition to the functions, powers and duties other- 44 wise provided by this article, the commissioner shall, with the general 45 advice of the council approve a statewide mandatory training curriculum 46 for all law enforcement agencies throughout the state. 47 § 2. This act shall take effect immediately.