BILL NUMBER:  S1083

 TITLE OF BILL :

An act to amend the executive law, in relation to requiring the
municipal police training council to promulgate regulations regarding
psychological evaluations

 PURPOSE :

To require that police officers who are primarily tasked with
patrolling the streets on a day-to-day basis, receive periodic
psychological evaluations.

 SUMMARY OF PROVISIONS :

To require that police officers who are involved on a day to day basis
in patrolling and safeguarding the streets are to be assessed and are
able to maintain their fitness for duty by periodic (every three
years) psychological evaluations.

 JUSTIFICATION :

The job of a police officer is and may be one of the toughest
occupations that a person may engage in, short of active military
duty. Studies have shown that many members of the military may suffer
              

from post-traumatic stress disorder (PTSD) and not even be aware of
it.

Moreover, the police department requires that officers routinely
qualify with regard to their proficiency with their service weapons.
A failure to qualify may in and of itself have adverse consequences to
their employment. The incongruity becomes patently obvious when and if
an officer is psychologically unfit, but nevertheless an expert
marksmen.

A recent look back at some tragic circumstances lends credence to the
need for continuous evaluation of the mental fitness of these brave
men and women who have chosen to protect and serve in harrowing
conditions on a daily basis.

On Thanksgiving Day 1976 P.O. Robert Torsney shot Randolph Evans a
15-year old (unarmed) Brooklyn boy in the head at point blank range
after a brief conversation and drove back to the 75th Pct. where he
was arrested. At his trial in October 1977 he was found not guilty by
reason of insanity and remanded to a State mental hospital. On
December 20,1978 a Brooklyn Supreme Court ordered Torsney's release
stating "he no longer posed a threat to society."

Since that date to the present, there have been a number of
unjustified police shootings, involving unarmed citizens. Most
recently the shooting death of Ramarley Graham (18) an unarmed youth
who was shot and killed in his bathroom on February 2, 2012 after
police broke into his building and apartment illegally and that has
sparked a great deal of public controversy.

In homage to this issue, the New York Police Department (NYPD)
recently modified the rules concerning the use of deadly physical
force. The NYPD official patrol-guide, in the section referencing the
use of firearms, inserted the words "in their professional judgment."
The passage now reads: "Police officers shall not discharge their
weapons when, in their professional judgment, doing so will
unnecessarily endanger innocent persons."

"Professional judgment" by definition means "the ability to judge,
make a decision - or form an opinion objectively, authoritatively, and
wisely, especially in matters affecting action; good sense;
discretion: "Professional judgment requires the utilization of one's
faculties to making quantitative decisions and/or problem solving
skills which may be impaired if there are psychological deficits.

 LEGISLATIVE HISTORY :;

2013-2014: S942
2011-2012:  S6853

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Take effect immediately after it shall become a law.