S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7102
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Governmental Operations
 
 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:
 
   Section  1.  Sections  839,  840,  and  841  of  the executive law are
 REPEALED and three new sections 839, 840, and 841 are added to  read  as
 follows:
   §  839. POLICE TRAINING COUNCIL. 1. THERE IS HEREBY CREATED WITHIN THE
 OFFICE OF PUBLIC SAFETY WITHIN THE DIVISION, A POLICE TRAINING  COUNCIL,
 TO  BE  ADMINISTERED  BY  THE  DEPUTY  COMMISSIONER FOR CRIMINAL JUSTICE
 SERVICES, AND COMPOSED OF NINE MEMBERS WHO ARE LAW  ENFORCEMENT  PROFES-
 SIONALS REPRESENTING ACADEMIC, LEGAL, SUPERVISORY, LAW ENFORCEMENT LABOR
 ORGANIZATIONS  AS  WELL  AS COMMUNITY ORGANIZATIONS IN ORDER TO ELICIT A
 WIDE CROSS SECTION OF VIEWS IN DETERMINING AN APPROPRIATE ANNUAL  TRAIN-
 ING  CURRICULUM FOR ALL LAW ENFORCEMENT AGENCIES ESTABLISHED WITH POLICE
 OFFICER OR PEACE OFFICER STATUS THROUGHOUT THE STATE. SUCH MEMBERS SHALL
 BE SELECTED AS FOLLOWS:
   (A) THREE MEMBERS APPOINTED BY THE GOVERNOR;
   (B) TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (C) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (D) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
   (E) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
   2. THE GOVERNOR SHALL DESIGNATE FROM AMONG THE MEMBERS OF THE  COUNCIL
 A  CHAIRPERSON  WHO  SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND WHO
 SHALL BE COMPENSATED FOR SUCH POSITION.
   3. ALL MEMBERS OF THE COUNCIL SHALL BE  APPOINTED  FOR  TERMS  OF  TWO
 YEARS,  SUCH TERMS TO COMMENCE ON APRIL FIRST, AND EXPIRE ON MARCH THIR-
 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.
              

                                                            LBD09486-01-1

 A. 7102                             2
 
 EXPIRATION  OF  TERM  SHALL  BE  APPOINTED FOR THE UNEXPIRED TERM OF THE
 MEMBER WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY EXPIRATION OF A
 TERM OR OTHERWISE SHALL  BE  FILLED  IN  THE  SAME  MANNER  AS  ORIGINAL
 APPOINTMENTS. ANY MEMBER MAY BE REAPPOINTED FOR ADDITIONAL TERMS.
   4.  THE  COUNCIL  SHALL  CONTINUOUSLY  MEET, AS NEEDED, TO PERFORM ITS
 ESTABLISHED  DUTIES  TO  SET  UNIFORM  TRAINING  STANDARDS  IN  POLICING
 THROUGHOUT  THE STATE. THE COUNCIL'S ANNUAL TRAINING CURRICULUM SHALL BE
 PUBLISHED IN JANUARY OF EACH  CALENDAR  YEAR  SO  THAT  AMPLE  TIME  AND
 RESOURCES  WILL AFFORD EACH AGENCY THE ABILITY TO COMPLETE THE MANDATORY
 TRAINING CURRICULUM. UPON CERTIFICATION TO THE  DEPUTY  COMMISSIONER  OF
 CRIMINAL  JUSTICE SERVICES BY THE AGENCY THAT ALL OF ITS LAW ENFORCEMENT
 EMPLOYEES HAVE BEEN TRAINED IN THE PUBLISHED CURRICULUM, THE COMMISSION-
 ER SHALL AUTHORIZE THE DIVISION OF  BUDGET  TO  RELEASE  ANY  GRANTS  OR
 APPROPRIATIONS ALLOTTED TO THE LAW ENFORCEMENT AGENCY FOR THE NEXT BUDG-
 ET YEAR.
   5.  MEMBERSHIP  ON  THE COUNCIL SHALL NOT CONSTITUTE THE HOLDING OF AN
 OFFICE, AND MEMBERS OF THE COUNCIL SHALL NOT BE  REQUIRED  TO  TAKE  AND
 FILE  OATHS  OF OFFICE BEFORE SERVING ON THE COUNCIL.  THE COUNCIL SHALL
 NOT HAVE THE RIGHT TO EXERCISE ANY PORTION OF THE SOVEREIGN POWER OF THE
 STATE.
   6. WITH THE EXCEPTION OF THE CHAIRPERSON  AS  DESIGNATED  PURSUANT  TO
 SUBDIVISION  TWO  OF  THIS  SECTION,  THE  MEMBERS  OF THE COUNCIL SHALL
 RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL  BE  ALLOWED  THEIR
 ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR FUNC-
 TIONS HEREUNDER.
   7.  NO  MEMBER  OF  THE COUNCIL SHALL BE DISQUALIFIED FROM HOLDING ANY
 PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE FORFEIT  ANY  SUCH  OFFICE  OR
 EMPLOYMENT,  BY REASON OF HIS APPOINTMENT HEREUNDER, NOTWITHSTANDING THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE OR CITY CHAR-
 TER.
   § 840. FUNCTIONS, POWERS AND DUTIES  OF  COUNCIL.  THE  COUNCIL  SHALL
 RECOMMEND  TO  THE  COMMISSIONER  RULES  AND REGULATIONS WITH RESPECT TO
 ESTABLISHING A STATEWIDE  MANDATORY  TRAINING  CURRICULUM  FOR  ALL  LAW
 ENFORCEMENT  AGENCIES  ESTABLISHED  WITH POLICE OFFICER OR PEACE OFFICER
 STATUS THROUGHOUT THE STATE. SUCH TRAINING CURRICULUM SHALL INCLUDE  BUT
 NOT  BE LIMITED TO UPDATES IN LEGISLATIVE CHANGES RELATED TO LAWS, RULES
 AND REGULATIONS INVOLVING THE LAW  ENFORCEMENT  PROFESSION  AS  WELL  AS
 POLICE  INTERACTION  WITH CIVILIANS, USE OF FORCE, POWERS AND PROCEDURES
 FOR ARREST, CIVIL RIGHTS, POLICING TACTICS  AND  ANY  ISSUE  OR  SUBJECT
 DEEMED  RELEVANT  BY  THE  COUNCIL THAT WILL ENHANCE POLICE PROFESSIONAL
 STANDARDS.
   § 841. FUNCTIONS, POWERS AND DUTIES OF THE COMMISSIONER  WITH  RESPECT
 TO  THE  COUNCIL. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHER-
 WISE PROVIDED BY THIS ARTICLE, THE COMMISSIONER SHALL, WITH THE  GENERAL
 ADVICE  OF THE COUNCIL APPROVE A STATEWIDE MANDATORY TRAINING CURRICULUM
 FOR ALL LAW ENFORCEMENT AGENCIES THROUGHOUT THE STATE.
   § 2. This act shall take effect immediately.