NY State Senate Bill 2023-S3511

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 31, 2023	referred to codes

2023-S3511 (ACTIVE) - Details

See Assembly Version of this Bill:: A4216
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §840, add §841-e, Exec L; amd §§1.20 & 2.10, CP L
Versions Introduced in 2021-2022 Legislative Session:: S6219, A5417

2023-S3511 (ACTIVE) - Summary

Enacts the "police and peace officer licensing act".

2023-S3511 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3511

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law and the criminal procedure law, in
relation to enacting the "police and peace officer licensing act"

 
SUMMARY OF PROVISIONS:

Section 1 of the bill states the act shall be referred to as the "police
and peace officer licensing act"

Section 2 amends Section 840 of the Executive Law to add two subdivi-
sions requiring the Municipal police Training Council to establish a
mandatory licensing program for all police and peace officers in New
York State, and grant a five year license to every currently serving
police and peace officer by January 1, 2023. It also requires the Coun-
cil to establish continuing education requirements for license renewals,
and new de-escalation and sensitivity training requirements for new
officers after January 1, 2023.

Section 3 adds a new Section 841-e to the Executive Law that establishes

an Independent Police and Peace Officer Licensing Review Board of seven
members. The board shall investigate misconduct allegations made to the
board against licensed police and peace officers, and is allowed to
revoke or suspend the license of officers who are found to have commit-
ted misconduct. The section also allows the Board to promulgate rules
and regulations defining professional misconduct, and also allows it the
power to hire and executive director and investigators to investigate
misconduct allegations.

Section 4 amends Section 1.20 of the Criminal Procedure Law to require
all police officers be licensed in good standing with the Municipal
Police Training Council after January 1, 2023.

Section 5 amends Section 2.10 of the Criminal Procedure Law to require
all peace officers to be licensed and in good standing with the Munici-
pal Police Training Council by January 1, 2023.

Section 6 amends Section 840 of the Executive Law to remove subdivision
1(h), requiring the Municipal Police Training Council to establish a
training program for all officers, eliminating the exemption for munici-
palities with a population of over 1 million.

 
JUSTIFICATION:

The State of New York issues and monitors licenses for a wide variety of
professions, ranging from educators to physicians to hairstylists and
interior designers. If licensed professionals in these fields commit
misconduct, their licenses can be suspended or revoked by a State Board.
However, no such licensing regime exists in New York for police and
peace officers: in New York, almost all disciplinary power is left up to
municipal police departments and agencies that directly employ police
and peace officers, many of which have negotiated contracts that shield
officers from discipline even when they commit serious misconduct.

Thus, police departments rarely punish officers who commit misconduct,
even when the alleged misconduct is serious, violent and independently
substantiated. For example, in 2020, an investigation by ProPublica and
THE CITY found that the Civilian Complaint Review Board had substanti-
ated at least 40 instances of officers using illegal chokeholds in the
years after a police officer killed Eric Garner by using an illegal
chokehold in 2014. Yet none resulted in termination and all officers
were able to continue serving on our streets. Failing to address police
misconduct threatens New Yorkers' public safety, particularly the safety
Black and Brown New Yorkers who are disproportionately killed and harmed
by police misconduct.  This legislation would require the Municipal
Police Training Council to issue licenses to all police and peace offi-
cers by January 1, 2023, and establish continuing education requirements
in de-escalation and cultural sensitivity. It would also then create an
Independent Police and Peace Officer Licensing Review Board that would
investigate complaints of misconduct, and issue penalties, including
license suspension and revocation, similar to how Boards of Regents
handle misconduct complaints for other professions.  Officers would no
longer be able to serve as police and peace officers for any agency or
municipality in the State of New York if their licenses are suspended or
revoked.

 
PRIOR LEGISLATIVE HISTORY:

2021-22 REFERRED TO SENATE CODES

2021-22 referred to assembly governmental operations

 
FISCAL IMPLICATIONS OR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Effective 90 days after becoming law.

2023-S3511 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3511
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation to enacting the "police and peace officer licensing act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "police and peace officer licensing act".
   §  2.  Section  840  of the executive law is amended by adding two new
 subdivisions 8 and 9 to read as follows:
   8. THE COUNCIL SHALL, IN ADDITION:
   (A) ESTABLISH AND IMPLEMENT A  MANDATORY  LICENSING  PROGRAM  FOR  ALL
 CURRENT AND NEW POLICE OFFICERS AND PEACE OFFICERS IN THE STATE.
   (B)  ALL  CURRENT  AND  NEW  POLICE OFFICERS AND PEACE OFFICERS IN THE
 STATE SHALL BE LICENSED PURSUANT TO THIS SUBDIVISION BY  JANUARY  FIRST,
 TWO THOUSAND TWENTY-FIVE.
   (C)  EVERY LICENSE ISSUED PURSUANT TO THIS SUBDIVISION SHALL REMAIN IN
 EFFECT, UNLESS REVOKED OR SUSPENDED, FOR A  PERIOD  OF  FIVE  YEARS  AND
 SHALL  BE  RENEWED,  IN A MANNER ESTABLISHED BY THE COUNCIL, IN ORDER TO
 CONTINUE EMPLOYMENT AS A POLICE OFFICER OR PEACE OFFICER IN THE STATE.
   (D) PROMULGATE RULES AND REGULATIONS WITH RESPECT TO THE ESTABLISHMENT
 AND IMPLEMENTATION ON AN ONGOING BASIS OF A CONTINUING EDUCATION PROGRAM
 FOR ALL CURRENT AND NEW  POLICE  OFFICERS  REGARDING  THE  POLICIES  AND
 PROCEDURES  ESTABLISHED  PURSUANT TO THIS SUBDIVISION, ALONG WITH PROCE-
 DURES AND POLICIES FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   9. THE COUNCIL SHALL, IN ADDITION:
   (A) DEVELOP, MAINTAIN AND DISSEMINATE A CONTINUING  EDUCATION  PROGRAM
 FOR ALL CURRENT AND NEW POLICE OFFICERS AND PEACE OFFICERS IN THE STATE.
   (B)  SUCH  CONTINUING  EDUCATION PROGRAM SHALL INCLUDE LICENSE RENEWAL
 REQUIREMENTS, PURSUANT TO PARAGRAPH (C) OF  SUBDIVISION  EIGHT  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08546-01-3
 S. 3511                             2

 
 SECTION,  INCLUDING  THE SENSITIVITY AND DE-ESCALATION TRAINING PURSUANT
 TO PARAGRAPH (H-1) OF SUBDIVISION ONE OF THIS SECTION.
   (C) PROMULGATE RULES AND REGULATIONS WITH RESPECT TO THE ESTABLISHMENT
 AND IMPLEMENTATION ON AN ONGOING BASIS OF A CONTINUING EDUCATION PROGRAM
 FOR  ALL  CURRENT  AND  NEW  POLICE  OFFICERS REGARDING THE POLICIES AND
 PROCEDURES ESTABLISHED PURSUANT TO THIS SUBDIVISION, ALONG  WITH  PROCE-
 DURES AND POLICIES FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   §  3.  The  executive  law is amended by adding a new section 841-e to
 read as follows:
   § 841-E. INDEPENDENT POLICE AND PEACE OFFICER LICENSING REVIEW  BOARD.
 1. THERE IS HEREBY CREATED WITHIN THE DIVISION AN INDEPENDENT POLICE AND
 PEACE  OFFICER  LICENSING  REVIEW  BOARD  COMPOSED OF SEVEN MEMBERS, WHO
 SHALL BE SELECTED AS FOLLOWS:
   (A) THREE SHALL BE APPOINTED BY THE GOVERNOR;
   (B) ONE SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (C) ONE SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND
   (D) TWO SHALL BE APPOINTED BY THE ATTORNEY GENERAL.
   2. THE GOVERNOR SHALL DESIGNATE FROM AMONG THE MEMBERS OF THE  COUNCIL
 A CHAIRMAN WHO SHALL SERVE DURING THE PLEASURE OF THE GOVERNOR.
   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
 EXPIRATION OF TERM SHALL BE APPOINTED FOR  THE  UNEXPIRED  TERM  OF  THE
 MEMBER  WHOM  HE IS TO SUCCEED. VACANCIES CAUSED BY EXPIRATION OF A TERM
 OR OTHERWISE SHALL BE FILLED IN THE SAME  MANNER  AS  ORIGINAL  APPOINT-
 MENTS.  ANY MEMBER MAY BE REAPPOINTED FOR ONLY ONE ADDITIONAL TERM.
   4.  THE  REVIEW  BOARD  SHALL  BE PERMITTED TO REVIEW INDIVIDUAL CASES
 PERTAINING TO POLICE AND PEACE OFFICERS. IN RESPONSE, THE  REVIEW  BOARD
 MAY  DO THE FOLLOWING IF THE BOARD FINDS THAT SUCH OFFICER HAS COMMITTED
 PROFESSIONAL MISCONDUCT:
   (A) ISSUE LICENSING PENALTIES FOR PROFESSIONAL MISCONDUCT;
   (B) REVOKE AND/OR SUSPEND LICENSES  ISSUED  BY  THE  MUNICIPAL  POLICE
 TRAINING COUNCIL;
   (C) ISSUE FINES;
   (D)  REQUIRE SUCH POLICE OR PEACE OFFICER TO UNDERGO THERAPY OR TREAT-
 MENT; AND/OR
   (E) REQUIRE SUCH POLICE OR PEACE OFFICER TO FULFILL ADDITIONAL CONTIN-
 UING EDUCATION COURSES.
   5. THE REVIEW BOARD SHALL PROMULGATE, AND MAY FROM TIME TO TIME AMEND,
 RULES AND REGULATIONS WITH RESPECT TO DEFINING PROFESSIONAL  MISCONDUCT.
 SUCH DEFINITION SHALL INCLUDE EXCESSIVE FORCE AND ABUSE OF POWER AND MAY
 INCLUDE ALL OTHER ACTS THE REVIEW BOARD DEEMS TO QUALIFY AS PROFESSIONAL
 MISCONDUCT.
   6.  THE  REVIEW BOARD SHALL HAVE THE POWER TO ISSUE SUBPOENAS AND HIRE
 AN EXECUTIVE DIRECTOR AND INVESTIGATORS TO FURTHER  INVESTIGATE  ALLEGA-
 TIONS OF PROFESSIONAL MISCONDUCT.
   §  4.  The  opening paragraph of subdivision 34 of section 1.20 of the
 criminal procedure law is amended to read as follows:
   The following persons, WHO ARE LICENSED IN GOOD STANDING, AS OF  JANU-
 ARY  FIRST,  TWO  THOUSAND TWENTY-FIVE, BY THE MUNICIPAL POLICE TRAINING
 COUNCIL PURSUANT TO SUBDIVISION EIGHT OF SECTION EIGHT HUNDRED FORTY  OF
 THE EXECUTIVE LAW, are police officers:
   §  5.  The opening paragraph of section 2.10 of the criminal procedure
 law, as added by chapter 843 of the laws of 1980, is amended to read  as
 follows:
 S. 3511                             3
 
   Notwithstanding the provisions of any general, special or local law or
 charter to the contrary, only the following persons, WHO ARE LICENSED IN
 GOOD  STANDING,  AS  OF  JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, BY THE
 MUNICIPAL POLICE TRAINING  COUNCIL  PURSUANT  TO  SUBDIVISION  EIGHT  OF
 SECTION  EIGHT HUNDRED FORTY OF THE EXECUTIVE LAW, shall have the powers
 of, and shall be peace officers:
   § 6. Subdivision 1 of section 840 of the executive law is  amended  by
 adding a new paragraph (h-1) to read as follows:
   (H-1)  ESTABLISHMENT  AND  IMPLEMENTATION  ON AN ONGOING BASIS, OF   A
 TRAINING PROGRAM FOR ALL NEW POLICE OFFICERS AND PEACE OFFICERS HIRED ON
 AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, REGARDING SENSITIVITY
 AND DE-ESCALATION TRAINING. SUCH PROGRAM SHALL INCLUDE TRAINING  ON  THE
 FOLLOWING AREAS:
   (1) HANDLING EMERGENCIES AND COMPLAINTS, INCLUDING BUT NOT LIMITED TO,
 THOSE  INVOLVING  VICTIMS,  WITNESSES  OR  SUSPECTS WITH MENTAL ILLNESS,
 SUBSTANCE USE DISORDER, TRAUMA HISTORY OR DEVELOPMENTAL OR  INTELLECTUAL
 DISABILITIES,  WHICH  SHALL INCLUDE TRAINING RELATED TO COMMON BEHAVIORS
 AND ACTIONS EXHIBITED BY SUCH INDIVIDUALS,  STRATEGIES  LAW  ENFORCEMENT
 OFFICERS MAY USE FOR REDUCING OR PREVENTING THE RISK OF HARM AND STRATE-
 GIES  THAT  INVOLVE  THE  LEAST INTRUSIVE MEANS OF ADDRESSING SUCH INCI-
 DENCES AND INDIVIDUALS WHILE PROTECTING THE SAFETY OF THE  LAW  ENFORCE-
 MENT OFFICER AND OTHER PERSONS; AND
   (2)  PRACTICES AND TECHNIQUES RELATED TO RESPONDING TO MASS GATHERINGS
 OR PROTESTS THAT SHALL EMPHASIZE DE-ESCALATION AND MINIMIZING THE NECES-
 SITY FOR USE OF FORCE; AND
   (3) CULTURAL COMPETENCY ON ISSUES  REGARDING  RACE,  ETHNICITY,  IMMI-
 GRATION  STATUS, SEXUAL ORIENTATION AND GENDER IDENTITY TO HELP PROSPEC-
 TIVE OFFICERS LEARN HOW TO WORK EFFECTIVELY IN DIVERSE COMMUNITIES.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3511

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2023-S3511 (ACTIVE) - Details

2023-S3511 (ACTIVE) - Summary

2023-S3511 (ACTIVE) - Sponsor Memo

2023-S3511 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3511

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Codes Committee

2023-S3511 (ACTIVE) - Details

2023-S3511 (ACTIVE) - Summary

2023-S3511 (ACTIVE) - Sponsor Memo

2023-S3511 (ACTIVE) - Bill Text download pdf

Comments