Bill Text: NY A05178 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to prohibiting police officers from carrying or using a firearm during any phase of the officer's official duties unless the officer has satisfactorily completed a course of training that meets or exceeds the minimum standards established by the municipal police training council.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2019-06-17 - reported referred to ways and means [A05178 Detail]

Download: New_York-2019-A05178-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5178--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 7, 2019
                                       ___________

        Introduced  by M. of A. BLAKE, ARROYO, FERNANDEZ, RIVERA, D'URSO -- read
          once and referred to the Committee on Local  Governments  --  reported
          and  referred  to the Committee on Codes -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to  amend  the executive law, in relation to prohibiting police
          officers from carrying or using a firearm  during  any  phase  of  the
          officer's  official  duties  unless  the  officer  has  satisfactorily
          completed a course of training that meets or exceeds the minimum stan-
          dards established by the municipal police training council

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

     1    Section  1. The executive law is amended by adding a new section 840-a
     2  to read as follows:
     3    § 840-a. Municipal police; firearm use. No  municipality  shall  allow
     4  any police officer it employs to carry or use a firearm during any phase
     5  of  the officer's official duties, which constitutes on-duty employment,
     6  unless the officer has satisfactorily completed  a  course  of  training
     7  that meets or exceeds the minimum standards established by the municipal
     8  police  training  council  in  the  use  of  deadly  physical  force and
     9  firearms, and annually receives instruction in the use of  deadly  phys-
    10  ical  force  and  firearms  that  meets or exceeds the minimum standards
    11  established by the municipal police training council. All  employers  of
    12  police  officers shall conduct, or provide through another organization,
    13  such training required by this  section  with  sufficient  frequency  to
    14  ensure  there  is no impact on a police officer's on-duty employment due
    15  to lack of available training. A police officer shall not be transferred
    16  from his or her precinct, command, assignment, post, squad, or  tour  of
    17  duty  as  a  result  of  such employer's failure to provide the training
    18  required under this section. In addition,  such  employer's  failure  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08787-02-9

        A. 5178--A                          2

     1  provide  the  training  required  under  this section shall not impair a
     2  police officer's ability to carry a firearm while off-duty.
     3    §  2. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law.
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