NY State Senate Bill 2023-S6986

Senate Bill S6986

2023-2024 Legislative Session

Relates to providing increased and uniform training requirements and outreach for law enforcement and establishes law enforcement peer support

download bill text pdf

Current 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
May 16, 2023	referred to codes

2023-S6986 (ACTIVE) - Details

See Assembly Version of this Bill:: A6539
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §§840, 837, 210, 214-e & 214-f, add §§839-a, 210-a & 210-b, Exec L; add §7.51, Ment Hyg L
Versions Introduced in 2021-2022 Legislative Session:: S4522, A8044

2023-S6986 (ACTIVE) - Summary

Relates to providing increased and uniform training requirements including implicit bias, use of force, first aid and firearm training, and outreach for law enforcement; establishes law enforcement peer support through the office of mental health.

2023-S6986 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6986

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to providing increased
and uniform training requirements and outreach for law enforcement; and
to amend the mental hygiene law, in relation to administering law
enforcement peer support

 
PURPOSE:

This bill would amend executive law to create a uniform standard of
training across all law enforcement. It will also amend mental hygiene
law to ensure that the Commissioner of DCJS and the Superintendent of
State Police develop adequate peer support services for law enforcement.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes a uniform model law enforcement use of force
policy and guidelines that are to be included in that policy.

Section 2: Establishes guidelines for creating written policies and
procedures with mental hygiene law on how to interact with individuals
with development, physical, or intellectual disabilities in emergency
situations.

Section 3: The Municipal Police Training Council, in conjunction with
the office of public safety will ensure compliance with all mandatory
training requirements.

Section 4: This Section sets out for DCJS, the guidelines of mandatory
trainings and what those trainings shall include, but are not limited
to. The office of public safety will develop, regularly update and main-
tain trainings to be administered by law enforcement and training acade-
mies.

Section 5: DCJS shall work with the office of mental health to establish
a peer support services program for law enforcement. This section also
requires every law enforcement agency to determine the amount of addi-
tional funding necessary to provide for enforce these provisions no
later than 120 days after the effective date of this subdivision.

Section 6: The Division of State Police shall ensure compliance with the
mandatory training requirements pursuant to these sections. The Division
of State Police shall also determine funding necessary to provide for
and enforce these subdivisions no later than 120 days after the effec-
tive date of this subdivision.

Section 7: This Section sets out for the Division of State Police the
same guidelines of mandatory trainings and what those trainings shall
include, but are not limited to. The office of public safety will devel-
op, regularly update and maintain trainings to be administered by law
enforcement and training academies.

Section 8: This section establishes for the Division of State Police,
the same guidelines for a uniform model law enforcement use of force
policy and guidelines that are to be included in that policy.ò ;.

Section 9: This section requires the Division of State Police to be
trained in cardiopulmonary resuscitation and AED training and retrain-
ing.

Section 10: This section establishes for the Division of State Police,
the same guidelines for creating written policies and procedures with
mental hygiene law on how to interact with individuals with development,
physical, or intellectual disabilities in emergency situations.

Section 11: The Division of State Police shall work with the office of
mental health to establish a peer support services program for law
enforcement.

 
JUSTIFICATION:

Currently, there is no uniform standard of training. The Division of
State Police and the Division of Criminal Justice Services have their
own methods of training their law enforcement. This lack of uniformity
can lead to confusion the proper use of force used by police officers in
an emergency situation.

The Division of Criminal Justice Services and the Division of State
Police have training academies to train potential police officers,
however, there is no clear consistent training once an individual
becomes a police officer. This legislation would ensure that police
officers are properly trained, trained consistent with other law
enforcement agencies, and have a continuing education on new policies or
updated police tactics.

 
LEGISLATIVE HISTORY:

2022: REFERRED TO CODES

 
FISCAL IMPLICATIONS:

To be determined by the law enforcement agencies as set forth by the
legislation.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6986 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6986
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 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, in relation  to  providing  increased
   and  uniform  training  requirements and outreach for law enforcement;
   and to amend the mental hygiene law, in relation to administering  law
   enforcement peer support
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 2 of paragraph (d) of subdivision 4 of section
 840 of the executive law, as added by section 1 of part ZZ of chapter 55
 of the laws of 2019, is amended and a new subparagraph  5  is  added  to
 read as follows:
   (2)  The  model law enforcement use of force policy shall include, but
 is not limited to:
   (i) information on current law as it relates to the use  of  force  by
 police and peace officers;
   (ii) guidelines regarding when use of force is permitted AND REQUIRING
 SUCH FORCE TO BE REASONABLE;
   (iii) requirements for REPORTING AND documenting use of force;
   (iv) procedures for REPORTING TO A SUPERVISOR AND investigating use of
 force incidents;
   (v)  guidelines  regarding  excessive  use  of force including duty to
 intervene WHEN APPROPRIATE  AND  SAFE,  reporting,  and  timely  medical
 treatment  for  injured  persons,  INCLUDING  IMMEDIATE  MEDICAL  AID TO
 GUNSHOT VICTIMS, INCLUDING VICTIMS INJURED  DURING  AN  OFFICER-INVOLVED
 SHOOTING;
   (vi) standards for failure to adhere to use of force guidelines;
   (vii) training mandates on use of force, conflict prevention, conflict
 resolution  and  negotiation,  de-escalation  techniques and strategies,
 including, but not limited to, interacting with persons presenting in an
 agitated condition; [and]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07728-01-3

 S. 6986                             2
 
   (viii) prohibited uses of force[.];
   (IX)  TRAINING  MANDATES  ON FIRST-AID PROCEDURES INCLUDING THE USE OF
 TOURNIQUETS AND QUIKCLOT IN ADDITION TO ANNUAL CPR AND AED TRAINING;
   (X) REQUIREMENTS FOR DE-ESCALATION BY  OFFICERS  WITHOUT  COMPROMISING
 SAFETY; AND
   (XI) GUIDELINES FOR HOLDING OFFICERS ACCOUNTABLE TO USE SOUND TACTICS,
 INCLUDING,  BUT  NOT LIMITED TO, TIME, DISTANCE AND COVER, TO REDUCE THE
 NEED TO USE FORCE.
   (5) ESTABLISH IN CONJUNCTION WITH THE DIVISION  OF  STATE  POLICE  AND
 REGULARLY  UPDATE A DATA COLLECTION AND REPORTING SYSTEM FOR THE PURPOSE
 OF TRACKING ALL OFFICER-INVOLVED DEADLY FORCE  ENCOUNTERS.  SUCH  DEADLY
 FORCE  ENCOUNTERS  AND  USES OF FORCE RESULTING IN SERIOUS BODILY INJURY
 SHALL ALSO BE REPORTED TO THE BUREAU OF CRIMINAL APPREHENSION FOR INCLU-
 SION IN THE FBI'S NATIONAL USE-OF-FORCE DATABASE.
   § 2. Paragraph (a) of subdivision 5 of section 840  of  the  executive
 law, as added by section 4 of part JJ of chapter 57 of the laws of 2018,
 is amended to read as follows:
   (a)  Develop,  maintain  and  disseminate,  in  consultation  with the
 commissioner of the office for people  with  developmental  disabilities
 AND  IN  CONSULTATION  WITH  INDIVIDUALS WITH DEVELOPMENTAL, PHYSICAL OR
 INTELLECTUAL DISABILITIES, written policies  and  procedures  consistent
 with  section  13.43 of the mental hygiene law, AS ADDED BY SECTION 1 OF
 PART JJ OF CHAPTER 57 OF THE LAWS OF 2018,  regarding  the  handling  of
 emergency situations involving individuals with autism spectrum disorder
 and  other  developmental,  PHYSICAL  OR INTELLECTUAL disabilities. Such
 policies and procedures shall make  provisions  for  the  education  and
 training of new and veteran police officers on the handling of emergency
 situations involving individuals with autism spectrum disorder and other
 developmental, PHYSICAL OR INTELLECTUAL disabilities; and
   §  3.  Section  840  of  the  executive law is amended by adding a new
 subdivision 8 to read as follows:
   8. THE COUNCIL, IN CONJUNCTION WITH THE OFFICE OF PUBLIC SAFETY, SHALL
 ENSURE COMPLIANCE  WITH  MANDATORY  TRAINING  REQUIREMENTS  PURSUANT  TO
 SECTION  EIGHT  HUNDRED  THIRTY-NINE-A  OF  THIS ARTICLE BY ALL TRAINING
 ACADEMIES, POLICE DEPARTMENTS IN THIS STATE AND ALL AGENCIES THAT EMPLOY
 POLICE OR PEACE OFFICERS.
   § 4. The executive law is amended by adding a  new  section  839-a  to
 read as follows:
   §  839-A.  MANDATORY  TRAININGS.  1. THE OFFICE OF PUBLIC SAFETY SHALL
 DEVELOP, REGULARLY UPDATE AND MAINTAIN TRAININGS TO BE  ADMINISTERED  BY
 LAW  ENFORCEMENT  AND  TRAINING ACADEMIES TO ALL PROSPECTIVE AND CURRENT
 POLICE OFFICERS AND PEACE  OFFICERS,  AS  DEFINED  UNDER  SECTION  EIGHT
 HUNDRED  THIRTY-FIVE  OF THIS ARTICLE; PROVIDED, HOWEVER, ANY INDIVIDUAL
 SPECIFICALLY EXCLUDED FROM THE DEFINITION OF POLICE OFFICER UNDER SUBDI-
 VISION SEVEN OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THIS ARTICLE  SHALL
 BE INCLUDED FOR THE PURPOSES OF THIS SECTION.
   2.  TRAININGS  REGARDING  CONTEMPORARY LAW ENFORCEMENT TOPICS SHALL BE
 DEVELOPED, WITH EXPERT AND COMMUNITY INPUT, INCLUDING, BUT  NOT  LIMITED
 TO  YOUTH  INDIVIDUALS OF COLOR. SUCH TRAINING TOPICS SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   (A) IMPLICIT BIAS, INCLUDING IMPLICIT RACIAL BIAS TESTING WHICH  SHALL
 INCLUDE  TESTING  FOR  BIAS  IN  SHOOT/DON'T SHOOT DECISION-MAKING AND A
 CLEAR POLICY FOR CONSIDERING AN OFFICER'S LEVEL OF RACIAL  BIAS  IN  LAW
 ENFORCEMENT  CERTIFICATION  AND  THE HIRING PROCESS; IF IT IS DETERMINED
 THAT A PROSPECTIVE POLICE OFFICER OR PEACE OFFICER'S BIAS IS  SUCH  THAT
 S. 6986                             3
 
 HE  OR  SHE  CANNOT BE DEPLOYED IN A COMMUNITY OF COLOR, HE OR SHE SHALL
 NOT BE HIRED;
   (B)  DE-ESCALATION,  MINIMIZATION  OF  THE  USE OF FORCE AND DEFENSIVE
 TACTICS;
   (C) PROCEDURAL JUSTICE;
   (D) HISTORICAL COMMUNITY TRAUMA;
   (E) RELATIONSHIP-BASED POLICING;
   (F) COMMUNITY INTERACTION AND DIVERSITY;
   (G) CRISIS INTERVENTION, MENTAL  HEALTH  CRISES,  MEDIATION,  CONFLICT
 MANAGEMENT AND CONFLICT RESOLUTION;
   (H) APPROPRIATE ENGAGEMENT WITH YOUTH;
   (I)  APPROPRIATE  ENGAGEMENT WITH LESBIAN, GAY, BISEXUAL, TRANSGENDER,
 QUESTIONING AND GENDER NONCONFORMING INDIVIDUALS;
   (J) APPROPRIATE  ENGAGEMENT  WITH  INDIVIDUALS  WITH  LIMITED  ENGLISH
 PROFICIENCY;
   (K)  APPROPRIATE  ENGAGEMENT  WITH  INDIVIDUALS WITH VARIOUS RELIGIOUS
 AFFILIATIONS; AND
   (L) APPROPRIATE ENGAGEMENT WITH INDIVIDUALS WITH DEVELOPMENTAL,  PHYS-
 ICAL OR INTELLECTUAL DISABILITIES.
   3.  TRAININGS  REGARDING  THE  PROPER  USE  OF  FIREARMS AND DEFENSIVE
 TACTICS USED TO DE-ESCALATE AND PROPERLY DETAIN SUSPECTS SHALL BE DEVEL-
 OPED AND ADMINISTERED ON A MONTHLY BASIS.
   4. IMPLEMENTATION OF THE REQUIREMENTS OF THIS  SECTION  SHALL  INCLUDE
 SCENARIO-BASED TRAININGS. SUCH TRAININGS SHALL REQUIRE ALL PARTICIPATING
 INDIVIDUALS  TO  ENGAGE IN SIMULATED REAL LIFE SITUATIONS TO ENSURE WHEN
 SUCH INDIVIDUAL IS FACED WITH SUCH SITUATION IN THE FIELD,  HIS  OR  HER
 RESPONSE IS IN ACCORDANCE WITH THE REQUIREMENTS AND GUIDELINES SET FORTH
 IN  THIS SECTION. SUCH SCENARIO-BASED TRAININGS SHALL BE ADMINISTERED AT
 A MINIMUM, QUARTERLY.
   § 5. Section 837 of the executive law is amended  by  adding  two  new
 subdivisions 24 and 25 to read as follows:
   24.  WORK  IN  CONJUNCTION  WITH  THE DIVISION OF STATE POLICE AND THE
 OFFICE OF MENTAL  HEALTH  TO  ESTABLISH  LAW  ENFORCEMENT  PEER  SUPPORT
 SERVICES  PURSUANT  TO SECTION 7.51 OF THE MENTAL HYGIENE LAW. THE DIVI-
 SION SHALL PROVIDE ALL POLICE OFFICERS  AND  PEACE  OFFICERS  UNFETTERED
 ACCESS TO MENTAL HEALTH CHECKS.
   25.  REQUIRE  EVERY  LAW ENFORCEMENT AGENCY TO DETERMINE THE AMOUNT OF
 ADDITIONAL FUNDING NECESSARY TO PROVIDE FOR AND ENFORCE  THE  PROVISIONS
 OF  SUBDIVISION  TWENTY-FOUR  OF THIS SECTION AND SECTIONS EIGHT HUNDRED
 THIRTY-NINE-A AND EIGHT HUNDRED FORTY OF THIS ARTICLE. SUCH  INFORMATION
 SHALL  BE PROVIDED TO THE DIVISION NO LATER THAN ONE HUNDRED TWENTY DAYS
 AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION. NO LATER THAN NINETY  DAYS
 AFTER SUCH DATA IS COMPILED, THE DIVISION SHALL PROVIDE THE GOVERNOR AND
 THE  LEGISLATURE WITH A COMPREHENSIVE REPORT ON THE AMOUNT OF ADDITIONAL
 FUNDING NEEDED TO ENSURE SUCH PROVISIONS OF LAW ARE ADEQUATELY INSTILLED
 AND ENFORCED BY EACH LAW ENFORCEMENT AGENCY LOCATED WITHIN THE STATE.
   § 6. Section 210 of the executive law, as amended by  chapter  169  of
 the laws of 1994, is amended to read as follows:
   § 210. Division  of  state  police. 1. The division of state police in
 the executive department shall be known as the "New York State  Police."
 The  head  of  the  New York state police shall be the superintendent of
 state police who shall be appointed by the  governor  by  and  with  the
 advice  and  consent  of  the  senate, and hold office during his or her
 pleasure. The superintendent shall be a  member  of  the  state  police,
 shall  receive  as  salary  such  sum as may be appropriated by law, and
 shall accrue such leave credits and be eligible for the same  retirement
 S. 6986                             4
 
 benefits,  service credits and other benefits as any other member of the
 state police. If, prior to appointment, the superintendent served  as  a
 member  of the state police, he or she, upon appointment, shall be enti-
 tled  to  continue to accrue and receive such credits and benefits as he
 or she would have been entitled to accrue and receive prior to  appoint-
 ment.
   2.  If, prior to his or her appointment, the superintendent shall have
 served as a member of the State Police for a  period  of  ten  years  or
 more,  he  or  she shall, provided he or she is not eligible for retire-
 ment, upon termination of service  as  superintendent,  be  reappointed,
 without  examination,  as a member of the state police in the grade held
 by him or her prior to appointment  as  superintendent,  notwithstanding
 the  absence of any vacancy in such grade.  For the purpose of determin-
 ing the annual salary to be paid upon such reappointment, the period  of
 service  as  superintendent  shall be counted as service in the grade to
 which reappointed.
   3. THE  DIVISION  SHALL  ENSURE  COMPLIANCE  WITH  MANDATORY  TRAINING
 REQUIREMENTS  PURSUANT  TO SECTIONS TWO HUNDRED TEN-A, TWO HUNDRED FOUR-
 TEEN-E, AND TWO HUNDRED FOURTEEN-F  OF  THIS  ARTICLE  BY  ALL  TRAINING
 SCHOOLS  OR  ACADEMIES,  INCLUDING THOSE ESTABLISHED PURSUANT TO SECTION
 TWO HUNDRED FOURTEEN OF THIS ARTICLE, AND BY ALL CURRENT MEMBERS OF  THE
 STATE POLICE.
   4.  WORK IN CONJUNCTION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES
 AND THE OFFICE OF  MENTAL  HEALTH  TO  ESTABLISH  LAW  ENFORCEMENT  PEER
 SUPPORT SERVICES PURSUANT TO SECTION 7.51 OF THE MENTAL HYGIENE LAW. THE
 DIVISION  SHALL  PROVIDE  ALL MEMBERS UNFETTERED ACCESS TO MENTAL HEALTH
 CHECKS.
   5. THE SUPERINTENDENT SHALL DETERMINE THE AMOUNT OF ADDITIONAL FUNDING
 NECESSARY TO PROVIDE FOR AND ENFORCE THE PROVISIONS OF SUBDIVISION  FOUR
 OF  THIS SECTION AND SECTIONS TWO HUNDRED TEN-A, TWO HUNDRED FOURTEEN-E,
 AND TWO HUNDRED FOURTEEN-F OF THIS ARTICLE. SUCH  INFORMATION  SHALL  BE
 COMPILED  NO LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE
 OF THIS SUBDIVISION. NO LATER  THAN  NINETY  DAYS  AFTER  SUCH  DATA  IS
 COMPILED,  THE  DIVISION  SHALL PROVIDE THE GOVERNOR AND THE LEGISLATURE
 WITH A COMPREHENSIVE REPORT ON THE AMOUNT OF ADDITIONAL  FUNDING  NEEDED
 TO  ENSURE  SUCH PROVISIONS OF LAW ARE ADEQUATELY INSTILLED AND ENFORCED
 BY THE DIVISION.
   § 7. The executive law is amended by adding a  new  section  210-a  to
 read as follows:
   § 210-A. MANDATORY TRAININGS. 1. THE DIVISION SHALL DEVELOP, REGULARLY
 UPDATE  AND MAINTAIN TRAININGS TO BE ADMINISTERED BY LAW ENFORCEMENT AND
 TRAINING ACADEMIES, IN CONSULTATION WITH THE OFFICE OF PUBLIC SAFETY, TO
 ALL PROSPECTIVE AND CURRENT MEMBERS OF THE DIVISION.
   2. TRAININGS REGARDING CONTEMPORARY LAW ENFORCEMENT  TOPICS  SHALL  BE
 DEVELOPED,  WITH  EXPERT AND COMMUNITY INPUT, INCLUDING, BUT NOT LIMITED
 TO YOUTH INDIVIDUALS OF COLOR. SUCH TRAINING TOPICS SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:
   (A)  IMPLICIT BIAS, INCLUDING IMPLICIT RACIAL BIAS TESTING WHICH SHALL
 INCLUDE TESTING FOR BIAS IN  SHOOT/DON'T  SHOOT  DECISION-MAKING  AND  A
 CLEAR  POLICY  FOR  CONSIDERING  A  MEMBER'S LEVEL OF RACIAL BIAS IN LAW
 ENFORCEMENT CERTIFICATION AND THE HIRING PROCESS; IF  IT  IS  DETERMINED
 THAT  A  PROSPECTIVE POLICE OFFICER OR PEACE OFFICER'S BIAS IS SUCH THAT
 HE OR SHE CANNOT BE DEPLOYED IN A COMMUNITY OF COLOR, HE  OR  SHE  SHALL
 NOT BE HIRED;
   (B)  DE-ESCALATION,  MINIMIZATION  OF  THE  USE OF FORCE AND DEFENSIVE
 TACTICS;
 S. 6986                             5
 
   (C) PROCEDURAL JUSTICE;
   (D) HISTORICAL COMMUNITY TRAUMA;
   (E) RELATIONSHIP-BASED POLICING;
   (F) COMMUNITY INTERACTION AND DIVERSITY;
   (G)  CRISIS  INTERVENTION,  MENTAL  HEALTH CRISES, MEDIATION, CONFLICT
 MANAGEMENT AND CONFLICT RESOLUTION;
   (H) APPROPRIATE ENGAGEMENT WITH YOUTH;
   (I) APPROPRIATE ENGAGEMENT WITH LESBIAN, GAY,  BISEXUAL,  TRANSGENDER,
 QUESTIONING AND GENDER NONCONFORMING INDIVIDUALS;
   (J)  APPROPRIATE  ENGAGEMENT  WITH  INDIVIDUALS  WITH  LIMITED ENGLISH
 PROFICIENCY;
   (K) APPROPRIATE ENGAGEMENT WITH  INDIVIDUALS  WITH  VARIOUS  RELIGIOUS
 AFFILIATIONS; AND
   (L)  APPROPRIATE ENGAGEMENT WITH INDIVIDUALS WITH DEVELOPMENTAL, PHYS-
 ICAL OR INTELLECTUAL DISABILITIES.
   3. TRAININGS REGARDING  THE  PROPER  USE  OF  FIREARMS  AND  DEFENSIVE
 TACTICS USED TO DE-ESCALATE AND PROPERLY DETAIN SUSPECTS SHALL BE DEVEL-
 OPED AND ADMINISTERED ON A MONTHLY BASIS.
   4.  IMPLEMENTATION  OF  THE REQUIREMENTS OF THIS SECTION SHALL INCLUDE
 SCENARIO-BASED TRAININGS. SUCH TRAININGS SHALL REQUIRE ALL PARTICIPATING
 INDIVIDUALS TO ENGAGE IN SIMULATED REAL LIFE SITUATIONS TO  ENSURE  WHEN
 SUCH  INDIVIDUAL  IS  FACED WITH SUCH SITUATION IN THE FIELD, HIS OR HER
 RESPONSE IS IN ACCORDANCE WITH THE REQUIREMENTS AND GUIDELINES SET FORTH
 IN THIS SECTION. SUCH SCENARIO-BASED TRAININGS SHALL BE ADMINISTERED  AT
 A MINIMUM, QUARTERLY.
   §  8.  The  executive  law is amended by adding a new section 210-b to
 read as follows:
   § 210-B. USE OF FORCE DIVISION POLICIES. 1. THE DIVISION SHALL  ESTAB-
 LISH  A  MANDATORY  USE OF FORCE POLICY, WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (A) INFORMATION ON CURRENT LAW AS IT RELATES TO THE USE  OF  FORCE  BY
 MEMBERS;
   (B)  GUIDELINES REGARDING WHEN USE OF FORCE IS PERMITTED AND REQUIRING
 SUCH FORCE TO BE REASONABLE;
   (C) REQUIREMENTS FOR REPORTING AND DOCUMENTING USE OF FORCE;
   (D) PROCEDURES FOR REPORTING TO A SUPERVISOR AND INVESTIGATING USE  OF
 FORCE INCIDENTS;
   (E)  GUIDELINES  REGARDING  EXCESSIVE  USE  OF FORCE INCLUDING DUTY TO
 INTERVENE WHEN APPROPRIATE  AND  SAFE,  REPORTING,  AND  TIMELY  MEDICAL
 TREATMENT  FOR  INJURED  PERSONS,  INCLUDING  IMMEDIATE  MEDICAL  AID TO
 GUNSHOT VICTIMS, INCLUDING VICTIMS INJURED  DURING  AN  OFFICER-INVOLVED
 SHOOTING;
   (F) STANDARDS FOR FAILURE TO ADHERE TO USE OF FORCE GUIDELINES;
   (G)  TRAINING  MANDATES ON USE OF FORCE, CONFLICT PREVENTION, CONFLICT
 RESOLUTION AND NEGOTIATION,  DE-ESCALATION  TECHNIQUES  AND  STRATEGIES,
 INCLUDING, BUT NOT LIMITED TO, INTERACTING WITH PERSONS PRESENTING IN AN
 AGITATED CONDITION;
   (H) PROHIBITED USES OF FORCE;
   (I)  TRAINING  MANDATES  ON  FIRST-AID PROCEDURES INCLUDING THE USE OF
 TOURNIQUETS AND QUIKCLOT IN ADDITION TO  ANNUAL  CPR  AND  AED  TRAINING
 PURSUANT TO SECTION TWO HUNDRED FOURTEEN-E OF THIS ARTICLE;
   (J)  REQUIREMENTS  FOR  DE-ESCALATION  BY MEMBERS WITHOUT COMPROMISING
 SAFETY; AND
   (K) GUIDELINES FOR HOLDING MEMBERS ACCOUNTABLE TO USE  SOUND  TACTICS,
 INCLUDING,  BUT  NOT LIMITED TO, TIME, DISTANCE AND COVER, TO REDUCE THE
 NEED TO USE FORCE.
 S. 6986                             6
 
   2. THE DIVISION SHALL ESTABLISH IN CONJUNCTION WITH  THE  DIVISION  OF
 CRIMINAL  JUSTICE  SERVICES  AND  REGULARLY UPDATE A DATA COLLECTION AND
 REPORTING SYSTEM FOR THE PURPOSE OF TRACKING ALL OFFICER-INVOLVED DEADLY
 FORCE ENCOUNTERS. SUCH DEADLY FORCE ENCOUNTERS AND USES OF FORCE RESULT-
 ING  IN  SERIOUS  BODILY  INJURY SHALL ALSO BE REPORTED TO THE BUREAU OF
 CRIMINAL APPREHENSION FOR INCLUSION IN THE FBI'S  NATIONAL  USE-OF-FORCE
 DATABASE.
   §  9.  Section  214-e of the executive law, as added by chapter 271 of
 the laws of 2017, is amended to read as follows:
   § 214-e. Cardiopulmonary resuscitation AND AED training  and  retrain-
 ing.  1.  For  the  purposes  of this section, "cardiopulmonary resusci-
 tation" shall have the same meaning as provided in  subdivision  six  of
 section  six  hundred  twenty-one  of the general business law AND "AED"
 SHALL MEAN AUTOMATED EXTERNAL DEFIBRILLATOR.
   2. Each member of the division of state police shall be:
   (a) trained in cardiopulmonary resuscitation AND THE  USE  OF  AN  AED
 during the training process to become a trooper;
   (b)  retrained  in cardiopulmonary resuscitation AND THE USE OF AN AED
 every [two years] YEAR; and
   (c) required to demonstrate the satisfactory completion of training in
 cardiopulmonary resuscitation AND THE USE OF AN AED.
   § 10. Subdivision 1 of section 214-f of the executive law, as added by
 section 5 of part JJ of chapter 57 of the laws of 2018,  is  amended  to
 read as follows:
   1. Develop, maintain and disseminate, in consultation with the commis-
 sioner  of  the office for people with developmental disabilities AND IN
 CONSULTATION WITH INDIVIDUALS WITH DEVELOPMENTAL, PHYSICAL OR  INTELLEC-
 TUAL  DISABILITIES,  written  policies  and  procedures  consistent with
 section 13.43 of the mental hygiene law, AS ADDED BY SECTION 1  OF  PART
 JJ OF CHAPTER 57 OF THE LAWS OF 2018, regarding the handling of emergen-
 cy  situations  involving  individuals with autism spectrum disorder and
 other developmental, PHYSICAL OR INTELLECTUAL disabilities.  Such  poli-
 cies and procedures shall make provisions for the education and training
 of  new  and  veteran police officers on the handling of emergency situ-
 ations involving individuals with developmental, PHYSICAL OR INTELLECTU-
 AL disabilities; and
   § 11. The mental hygiene law is amended by adding a new  section  7.51
 to read as follows:
 § 7.51 LAW ENFORCEMENT PEER SUPPORT.
   (A)  THE  COMMISSIONER,  IN  CONJUNCTION  WITH THE COMMISSIONER OF THE
 DIVISION OF CRIMINAL JUSTICE SERVICES  AND  THE  SUPERINTENDENT  OF  THE
 DIVISION OF STATE POLICE, SHALL DEVELOP AND ESTABLISH REGIONAL OR COUNTY
 BASED  PEER  SUPPORT  SERVICES  PROGRAMS  FOR ALL POLICE OFFICERS IN THE
 STATE. SERVICES PROVIDED BY THE RECOGNIZED  OR  CERTIFIED  PEER  SUPPORT
 SERVICES  PROGRAM  SHALL INCLUDE, BUT NOT BE LIMITED TO, PEER COUNSELING
 TECHNIQUES FOR MENTAL ILLNESS INCLUDING POST-TRAUMATIC STRESS  DISORDER,
 CRITICAL  INCIDENT  STRESS MANAGEMENT, ALCOHOL AND SUBSTANCE ABUSE COUN-
 SELING, FAMILY SUPPORT SERVICES, DOMESTIC VIOLENCE, MENTAL HEALTH, CHILD
 CARE, PHYSICAL HEALTH AND WELLNESS, AND LEGAL ISSUES.
   (B) THE COMMISSIONER SHALL FOSTER PROGRAMS FOR THE TRAINING AND DEVEL-
 OPMENT OF PERSONS CAPABLE OF PROVIDING THE SERVICES SET  FORTH  IN  THIS
 SECTION,  INCLUDING,  BUT  NOT  LIMITED TO, A PROCESS OF ISSUING, EITHER
 DIRECTLY OR THROUGH CONTRACT, CREDENTIALS FOR  RECOGNIZED  OR  CERTIFIED
 PEER COUNSELORS IN ACCORDANCE WITH THE FOLLOWING:
   (1)  THE  OFFICE SHALL ESTABLISH MINIMUM QUALIFICATIONS FOR RECOGNIZED
 OR CERTIFIED PEER COUNSELORS IN ALL PHASES OF DELIVERY  OF  SERVICES  TO
 S. 6986                             7
 
 OFFICERS WHO ARE EVALUATED AND CERTIFIED OR RECOGNIZED BY THE DEPARTMENT
 ON FACTORS INCLUDING, BUT NOT LIMITED TO, COMPLETION OF APPROVED COURSES
 OF STUDY OR EQUIVALENT ON-THE-JOB EXPERIENCE IN MENTAL HEALTH COUNSELING
 AND/OR  ALCOHOLISM  AND  SUBSTANCE ABUSE COUNSELING OR OTHER CREDENTIALS
 ESTABLISHED OR RECOGNIZED BY THE DEPARTMENT AND/OR THE DIVISION OF CRIM-
 INAL JUSTICE SERVICES AND THE DIVISION OF STATE POLICE; AND
   (2) THE OFFICE SHALL ESTABLISH PROCEDURES  FOR  ISSUING,  DIRECTLY  OR
 THROUGH  CONTRACT,  CREDENTIALS  TO  CERTIFIED  PEER COUNSELORS WHO MEET
 MINIMUM  QUALIFICATIONS,  AND  SHALL  FURTHER  ESTABLISH  PROCEDURES  TO
 SUSPEND, REVOKE, OR ANNUL SUCH CREDENTIALS FOR GOOD CAUSE.
   § 12. This act shall take effect immediately.

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.